IVT MedTransIVT MedTrans Paratransit Services Request For Proposal FY 2015-16 Requested by: Mark Baza, Executive Director Imperial County Transportation Commission 1405 N. Imperial

IVT MedTrans

Paratransit Services Request For Proposal

FY 2015-16

Requested by: Mark Baza, Executive Director Imperial County Transportation Commission 1405 N. Imperial Ave. Suite 1 El Centro, Ca. 92243 PHONE: 760-592-4494 FAX: 760-592-4497 [email protected]

IMPERIAL COUNTY TRANSPORTATION COMMISSION (ICTC) February 2016 IVT MedTrans PARATRANSIT SERVICES REQUEST FOR PROPOSAL

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I. INTRODUCTION The Imperial County Transportation Commission (ICTC) administers several turnkey contracted fixed route transit and paratransit systems in the Imperial Valley. ICTC is requesting proposals for a non-emergency paratransit service to San Diego area medical facilities. The current MEDEPXRESS contract terminates June 30, 2016. The service is for a specific passenger ridership including disabled and transit dependent persons and is currently operated by a local non-profit agency. The Imperial County Transportation Commission shall hereinafter be referred to as “ICTC”. The contract will be regulated according to the provisions of the Federal Transportation Administration (FTA), the Americans with Disabilities Act (ADA), and Transportation Development Act (TDA) as amended and other applicable Federal, State and local laws or regulations. Qualified transportation Providers are invited to submit written proposals for consideration in accordance with this request. A Proposal Evaluation Committee will review the proposals. The Executive Director of the ICTC will make recommendations to the Commission for award of contract. In accordance with this RFP, it is anticipated that one (1) new contract would be administered by the ICTC. All responses will be considered and evaluated, however, the ICTC is not guaranteeing to accept any Provider’s proposals, recommendations and cost estimates. The successful Provider(s) will provide a turnkey operation, daily on-line management, marketing, dispatch and operation of the services, as well as, all personnel, maintenance, fuel supply, maintenance and supervisory vehicles and the fixed facilities in which to house the services. ICTC has received grant funds for the acquisition of three (3) new cutaway style buses and a large van. II. BACKGROUND The region of the Imperial Valley contains approximately 4,598 square miles. Agriculture through the use of irrigation is the second largest industry, behind employment in the government sector. Most of the area’s geography is flat, at or below sea level. The climate is described as arid desert with summer temperatures reaching 115° Fahrenheit. The Provider must be able to maintain adequate on-board passenger comfort. Due to the proximity of the operating area to the international border with Mexico, the region has a high percentage of Spanish speaking monolingual passengers. Specific bilingual (English and Spanish) requirements are in place for all drivers and customer contact personnel including dispatchers, to accommodate this issue and are contained in this document. Passengers typically are paratransit-dependent seniors age 60 and over, and individuals with disabilities.



In addition, because there is a regional fixed-route bus system, complementary ADA Paratransit service and intra city paratransit services, there may be opportunities for transfers between transit services. Open communication and cooperation between agencies and the service provider(s) is mandatory. III. ESTIMATED PROJECT SCHEDULE Issue RFP February 19th 2016 Non Mandatory Pre-Submittal Conference March 4th 2016 Proposal Due March 25th 2016 Provider Ranking and Staff Recommendation Week of April 4th 2016 (non-public opening) Oral Interviews (if necessary) Week of April 11th 2016 Best and Final Offer (if necessary) April 2016 ICTC Commission Action/Award of Contract April 27th 2016 Service Target Start Date July 1, 2016 VI. PROJECT DESCRIPTION AND SUMMARY ICTC is currently seeking a qualified Provider to enter into a contractual relationship to continue to provide demand response paratransit service according to the specific scope of work attached to this RFP.

The Medexpress service has been in operation since 1994. The contracted service has remained essentially unchanged during that time frame. Due to comments contained in a recent update to the 2009 Coordinated Plan for the region, and a desire to meet increased demand ICTC has developed several new features for this new service contract.

A. A new brand and logo using the primary colors of black, white and purple will be introduced. For the purposes of this competitive bid, the new service brand under consideration shall be known as “IVT MedTrans”.

B. ICTC will provide four (4) revenue service hour vehicles for this service.



C. The service model will be changed from one (1) cutaway bus, alternating four (4) days a

week to the following, based on demand and optimum utilization of resources:

1. Two cutaway (2) buses alternating four days a week. 2. The two (2) cutaway buses will leave at staggered hours; departing the Imperial

Valley at approximately 7:00 AM and returning at approximately 3:00PM, and, departing the Imperial Valley at approximately 11:00 AM and returning at approximately 6:00PM.

3. The cutaway buses will originate in Calexico (as necessary) and meet a van in El Centro, whereby the buses will depart to San Diego. The van will generally provide a sweep service to pick up and drop off passengers from areas North of El Centro through to Brawley (as necessary) in the AM and PM.

D. In the event of inclement weather or other event that leads to a closure of the State highway

between San Diego and Imperial Counties for the return trip to Imperial County, the Provider will be required to find lodging and meals for the overnight stay for the persons on board the bus. Invoices substantiating these expenses must be attached to the regular monthly invoice for reimbursement.

E. The successful Provider will participate in multiple bi-lingual public outreach events organized by ICTC or a marketing consultant to distribute information and assist ICTC with the project Start Up and implementation. Public Outreach events thereafter will be conducted on an as needed basis.

F. The successful Provider shall participate in quarterly management team meetings with ICTC staff throughout the term of this contract. The Provider shall present performance related and operational information including but not limited to: operational statistics, maintenance data, no show rate and other items for ICTC’s review and consideration.

The region has been declared to be under the Urban Bus Fleet Rule and the Transit Fleet Rule by the California Air Resources Board. In 2004, ICTC examined the use of alternative fuel for the transit systems. ICTC selected the ultra-low sulfur diesel fuel path for fixed route and ADA paratransit service operations. For the purposes of this project, diesel, gasoline or alternative fuel powered vehicles are acceptable. Providers must make the arrangements for procurement of fuel and maintenance of ICTC owned vehicles. The ICTC desires to sign a three (3) year, fixed-price (per revenue hour) contract, effective from the anticipated service start date of July 1, 2016, with two (2) one-year extension options. An itemized price sheet is required from the Provider for the full five year period. In the event of a major emergency, Provider shall make transit facilities, vehicles and equipment, and communication resources available to the degree possible for emergency assistance. Line of



Instruction will first and foremost be with the ICTC. However in the event that contact cannot be established, the Provider shall take instruction from the organization, i.e., County’s Office of Emergency Services (OES) field site that has assumed responsibility for the evacuation and/or transport of injured and ambulatory wounded and movement of persons to food and shelter facilities. Reservation, dispatch and communications software/hardware is not currently in use for the service. Providers can recommend alternatives and introduce technology not currently in place; however, it is important that the alternatives be effective and economical, compatible with future transit service plans, minimize disruption of start-up of services and contain or reduce costs if practical. ICTC will review but is not obligated to accept any recommendations. In the event that the successful Provider is not the current operator of the service, the successful Provider will be required to offer employment to the qualified non-management employees who meet the minimum qualifications in the job descriptions of the IVT MedTrans, of the current operator and are in good standing of the current operator who may otherwise be laid off as a result of a contract award. Therefore, in order to be in accordance with State Labor Code Section 1072, ICTC will offer an additional 10% preference in the scoring and evaluation process, if the provider declares as part of their proposal for a service contract whether or the provider will agree to retain the employees of the prior transit contractor for a period of not less than 90 days. This 10% preference will be added to the total score on the proposal evaluation sheet. All new hire drivers and first line customer contact staff, are required to be bilingual in Spanish and English. In the event of a contract transition, existing drivers and existing customer contact staff of current operators who otherwise meet the hiring requirements but are not bilingual, may be able to be grandfathered into the new service contract. Any contract resulting from this RFP will be financed with funds available to the ICTC. Such funds may include Federal Transit Administration (FTA) Section 5307, 5310, 5311 and 5316, 5317 and 5339 Grants, Transportation Development Act (TDA), Local Transportation Authority (LTA) and State Transportation Assistance funds (STA). For all procurement activities and third-party contracts, Providers and sub-contractors must comply with:

A. 49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,

B. FTA Circular 4220.1F- Third Party Contracting Guidance, and C. FTA Best Practices Procurement Manual.

The contract is contingent upon the receipt of federal and State funds by ICTC. In the event that funding from these sources is eliminated or reduced, ICTC reserves the right to terminate any



contract or modify it accordingly. ICTC will notify Provider in writing thirty (30) days in advance of the date such actions are to be implemented. This RFP does not commit the ICTC to award a contract or pay any costs associated with the preparation of a proposal. The ICTC reserves the right to cancel this RFP in part or in its entirety, should this be in the best interest of the ICTC and the City. This service may be operated in conjunction with other services operated locally by the Provider. However, this contract will require that resources including vehicles and staff that are dedicated to this contract not be utilized for other purposes without prior written authorization from the ICTC.

V. PROPOSAL SUBMISSION A. SUBMISSION

By submitting a proposal, the Provider represents that it has thoroughly examined and familiarized itself with the services required, and states that it is capable of performing said services. Provider, by submitting a proposal, declares itself to be qualified and experienced in the field of public paratransit operations. Additional service opportunities and/or reasonable recommendations for alterations or changes in services made by a Provider in a proposal shall all be considered. However, ICTC is not required to accept any suggestions or recommendations for any changes to service.

B. DATE/TIME PROPOSAL DUE

Proposals are due on March 25th, 2016 on or prior to 3:00PM. Proposals received after this date and time will be rejected and unopened.

C. ICTC ADDRESS

Proposals are to be mailed/delivered to:

Mark Baza, Executive Director Imperial County Transportation Commission 1405 N. Imperial Ave. Suite 1 El Centro, CA 92243



D. GENERAL FORMAT FOR PROPOSAL SUBMITTAL

Proposals shall be submitted in two (2) sealed packages. Each package shall be clearly marked and indicating which services the responses pertain to. The proposal shall be held in confidence until the award of the contract. At that time it becomes a matter of public record. The individual price proposal sheet shall be retained as “proprietary” and “confidential”, if so marked. See Section VI. A. 1. for specific instructions regarding proposal page limit.

1. Provider shall submit package No. 1 with one (1) original and four (4) copies each marked “IVT MedTrans Technical Proposal”. The package shall bear the Provider’s name and address. 2. Provider shall submit package No. 2 with one (1) original and four (4) copies in a sealed envelope marked “IVT MedTrans Price Proposal”. The envelope shall bear the Provider’s name and address.

E. ACCEPTANCE OF PROPOSALS

The ICTC reserves the right to accept or reject any and all proposals or any item or part therein, or to waive any irregularities or informalities in any proposal. The ICTC reserves the right to withdraw this RFP at any time without prior notice. The ICTC makes no representation that any contract will be awarded to any Provider responding to this RFP.

F. PRECONTRACTUAL EXPENSES

Pre-contractual expenses are defined as expenses incurred by the Provider in preparing, submitting and/or negotiating or expenses incurred prior to the date of award. The ICTC shall not be liable or responsible for pre-contractual expenses. Providers shall not include any such expenses in any part of the proposal. G. JOINT PARTICIPANT PAYMENTS The ICTC will review the options of contracting with a single or multiple Providers. ICTC will examine any economies of scale and service efficiencies such as single administration and management, coordinated or consolidated maintenance, coordinated or consolidated dispatching etc.



Where two or more Providers desire to submit a single service proposal, this should be done on a prime-subcontractor basis. The ICTC is not responsible for the payments made by the prime to the subcontractor. H. CONTRACTUAL AGREEMENT The contract agreement will be with the ICTC, and will incorporate the Scope of Work and the technical and cost proposals. The final contract agreement may be modified to reflect the result of final negotiations with a best and final offer. The Provider’s inability or unwillingness to meet any requirements set forth as a condition must be identified and stated as an exception in a section in the proposal with sufficient explanation and reference to the location or page number in the RFP. I. FUTURE CONTRACTUAL SERVICE ADJUSTMENTS The future service demand has not been defined and public outreach for the new service has not yet been conducted by ICTC. After a contract has been signed, service levels may fluctuate. The service level may require the addition or deletion of service hours to accommodate ridership demand. Adjustments may take place to the days or hours that will affect the service level. The ICTC or the Provider may initiate a discussion to adjust the level of service. If necessary ICTC will then develop a modification to the contract agreement and adjust compensation using the identified cost per hour per the pricing originally agreed to for the corresponding fiscal year, and as stated in the Provider’s multi-year proposal. Changes will not be made to the contract during the first thirty (30) days of operation. Changes may not be made unilaterally or solely at the request of a passenger.

VI. PROPOSAL CONTENT A. PROPOSAL CONTENT AND REQUIRED INFORMATION

1. Presentation

Proposals should be typed and submitted on eight-and-a-half inch (8 ½”) by eleven (11”) inch size paper unless absolutely necessary for tables or charts etc., using a binder and with appropriate signatures. Proposal shall not exceed 100 pages in length. The 100 page maximum requirement does not include section dividers, required forms, Letter of Transmittal or the price proposal. The presentation style should be concise without lengthy narrative and elaborate promotional materials.



2. Letter of Transmittal/Executive Summary

The letter of transmittal shall be addressed to Mark Baza, Executive Director, and must at a minimum, contain the following:

i. Identification of the Provider, including legal name, legal form of

company, address, email address, fax and telephone numbers;

ii. Identify that the proposal is for the ICTC paratransit service “IVT MedTrans”;

iii. Number of years the Provider’s company has been in business;

iv. If applicable, proposed working relationship between the Provider and

subcontractors who supply or provide services that are ten percent (10%) or greater of the total component costs and provide the subcontractors name, address and telephone numbers;

v. Acknowledgement of receipt of all RFP addenda, if any;

vi. Name, title, address, telephone number, and e-mail address of contact

person during period of proposal evaluation;

vii. A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal; and

viii. The signature of a person authorized to bid/negotiate the terms of the

proposal. 3. Technical Proposal a. Qualifications and Related Experience

This section of the proposal should establish the ability of the Provider to satisfactorily perform the required work by demonstrating experience in performing work of a similar nature; competence in the services to be provided; strength and stability of the Provider; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references.

i. Provide a brief profile of the Provider, including the types of

services offered; the year founded; form of the organization



(corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees.

ii. Provide a general description of the Provider’s financial

condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger, and potential labor disputes) that may affect the Provider’s ability to complete the project. An audited financial statement, a Dun & Bradstreet report or a one (1) page summary from a licensed Certified Public Accountant shall be submitted. The statement shall clearly identify the financial status and condition of the Provider’s immediate business entity, as well as the overall company. The document(s) provided should be dated no more than twelve (12) months prior to the date of submission.

iii. Describe the Provider’s experience in performing work of a

similar nature to that solicited in this RFP. Include, at a minimum, name of the contracting agency type of service(s) provided, contract period, annual revenue miles or hours, quantity, size and fuel of vehicles used, and the name, address and telephone number of a contact person.

iv. If applicable, identify subcontractors and suppliers who provide

supplies or services that are ten percent (10%) or greater of the total services costs by company name, address, contact person, telephone number and project function. Describe the Provider’s experience working with each subcontractor or supplier and information specific to the subcontractor’s qualifications to perform the identified services.

b. Project Staffing and Project Organization

This section of the proposal should establish the method which will be used by the Provider to manage the project and subcontractors as well as identify key personnel assigned.

i. Submit a project organization chart which clearly shows all

communication/reporting relationships among the project staff, subcontractors and suppliers and assigned work tasks.



ii. Provide name(s) and resumes of the proposed Project Manager and all key personnel that will be assigned to the ICTC’s project including the Project Manager, Assistant Project Manager, On-site Maintenance Manager/Supervisor and Road Supervisors. Describe the roles and abilities of the Project Manager, Assistant Project Manager and the Onsite Maintenance Manager/Supervisor to respond immediately to issues relating to the service herein is required. The Provider should demonstrate how this will be ensured and should indicate the percent of time each individual is dedicated to this project, and other non-ICTC projects, if applicable.

iii. Include the statement that key personnel will be available to the

extent proposed for the duration of the project acknowledging that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the ICTC.

iv. Indicate adequacy of labor resources utilizing a table projecting

the labor-hour allocation to the project for each position category. Indicate the number of full-time and part-time employees for all operations (include numbers for subcontracted work).

c. Work Plan

The Provider shall develop a detailed narrative which addresses the Scope of Work requirements and shows the Provider’s understanding of the Local environment and relevant laws and ICTC’s requirements. Throughout the narrative, the Provider should include references for each section in the Scope of Work that refers to the requirements.

i. Start-up and Ongoing Service Operations

Provide a comprehensive detailed service start-up and ongoing service operations plan to include a discussion of the following: personnel recruitment processes and procedures (including criteria for employee hiring and retention); facility considerations (selection, utilization, functionality); day-to-day operating approaches, considerations and key issues; procedures for handling emergencies and unforeseen situation relative to paratransit operations (e.g., traffic congestion, accidents). Providers should quantify the difference between vehicle



revenue service hours and the deadhead hours in the service plan section of their proposal submittal to demonstrate the viability of the proposed site location.

Providers should demonstrate their capability to complete service start-up activities in a timely fashion and should demonstrate their knowledge of maintaining a smooth-running operation.

This service start up should also address any transitional issues between Providers. Provide plans of the proposed transition of the employees to Providers firm.

ii. Facilities and Equipment

Provide a complete description of operational facilities and equipment available and/or planned for use. This description should include the location(s) and Start-up and Ongoing Service Operations

The Provider should include a detailed implementation schedule that demonstrates how the service will be implemented, configuration(s) of facilities proposed and plans for space utilization in accordance with requirements outlined in the Scope of Work.

iii. Vehicles

ICTC will provide cutaway style paratransit vehicles and a van for the revenue service hours operation. Identify other quantities and types of supervisory/maintenance vehicles.

iv. Personnel Training and Testing The Provider shall include a detailed training program and schedule to the ICTC demonstrating how personnel (including drivers, mechanics and other support personnel as applicable) will be trained and tested prior to and after the start-up of service operations. v. Maintenance Plan It is preferred that the Provider complete maintenance services



in-house. The Provider must describe their proposed maintenance service procedures in detail through a comprehensive vehicle and equipment maintenance plan. The maintenance plan must include a discussion of the specific locations, actions and work necessary to ensure that a high-level of vehicle maintenance and vehicle availability is maintained with IVT MedTrans vehicles throughout the duration of the Agreement. vi. Written Policies and Procedures

The Provider must provide one (1) copy of all written policies and procedures to be included in a separate binder from the Technical Proposal. This policies provided are not subject to the 100 page maximum proposal page limit. These policies should include, but not be limited to the following:

• Drug and Alcohol Policy • Injury and Illness Prevention Program • Personnel Practices and Policies • Vehicle Maintenance Procedures • Emergency Response

vii. Data Collection and Reporting

The ICTC has specific data and reporting requirements. The Provider should describe their process for collecting and reporting operational, performance and maintenance data, and demonstrate their understanding of various daily data collection activities and reporting requirements for a federally funded system.

d. ICTC’s Disadvantaged Business Enterprise (DBE) Program

Proposers are urged to obtain disadvantaged business enterprise (DBE) participation on this project. The specific goal for DBE participation is 0.0% for the project. It is ICTC policy to provide disadvantaged, minority, and women-owned business enterprises, as defined in Part 26, Title 49 CFR, an equitable opportunity to participate in all contracting opportunities. ICTC’s DBE Program, which includes minority and women-owned business enterprises, is designed so that contract administration, consultant selection, and all related procurement activities are conducted without regard to race, color, religion, disability, political beliefs, age, national origin, gender, or cultural background. Accordingly,



no firm or individual shall be denied the opportunity to compete for ICTC contracts by reasons so stated or implied.

ICTC requires all potential ICTC consultants/contractors/subcontractors comply with Title VI and Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the California Fair Employment and Housing Act, as amended, and all other applicable discrimination laws. ICTC will not tolerate illegal discrimination or harassment by its consultants/contractors/subcontractors.

Describe the proposer’s overall plan to make contracting opportunities available to all interested and qualified firms. This includes a strategy to identify the available subcontracting resources and a willingness to make subcontracting opportunities available to such firms.

Submit a subconsultant/subcontractor list, if applicable, which lists any subconsultant/subcontractor for this project, DBE status (if applicable), scope of work, and approximate percentage of the work performed by subconsultant/subcontractor (as a percentage of the total award to the prime consultant). In accordance with current federal regulations, DBEs and joint ventures involving DBEs must be certified for eligibility by Caltrans, by other qualified Department of Transportation recipients or by other certifying public agencies. Documentation verifying DBE status must be submitted in the proposal for all firms (prime consultant or subconsultant/subcontractor) claiming such status. e. References

Provide a minimum of three (3) references for the projects cited as related experiences, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. The Provider may also supply references from other work not cited in this section as additional related experience. f. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual agreement” exceptions. Each technical exception must reference the particular section and page in the RFP or Scope of Work that refers to the ICTC’s requirements for easy reference.



g. Confirmation of Addenda to this Request for Proposal The proposer shall confirm the receipt of all addenda issued for this RFP.

4. Pricing Proposal

The Provider shall complete an itemized and detailed three (3) year price list with two (2) option years, and furnish any narrative required to explain the prices quoted in the schedules. Providers are requested to use the pricing proposal sheet provided in the appendices. Upon request to ICTC staff, the pricing proposal sheet can be provided in Excel format. Subcontractors are to be listed separately.

All line items in the categories of expenditure shall be clearly explained for each service indicating the variable rate per service hour and a fixed rate. An annual fixed hourly rate per fiscal year shall apply for each vehicle service or revenue hour. The fixed hourly rate shall apply for the assigned fiscal year. Vehicle revenue hours will be calculated based upon the actual time that each revenue service vehicle is in service and available to passengers. Vehicle revenue hours shall specifically exclude deadhead hours, including time for travel to and from the first stop and after the last stop, storage facilities, fueling facilities, road tests, inspections training, personnel lunches and breaks. The annual fixed hourly rate per fiscal year will be determined by the use of the combination of two other rates, divided by the total annual vehicle service hours.

1. A variable monthly rate shall compensate Provider for all cost elements assigned to Provider that can fluctuate.

2. A fixed monthly rate shall compensate Provider for all cost elements assigned to Provider with known quantities that are not included in the variable monthly rate.

Identify any management fees, corporate support services and profit as a separate line item. The required fare box collected in effect for each fiscal year will be subtracted from the Provider’s cost by the ICTC and the City, resulting in the actual not to exceed annual subsidy. The annual subsidy will be paid as a reimbursement in monthly installments to the Provider.

Vague descriptions (e.g., “other staff expenses,” “other operating expenses,” “management support” and “support services”) without adequate, reasonable description in a footnote is not acceptable and may render a proposal non-responsive to this RFP which will result in the rejection of the proposal.



If the Provider decides to lease facilities, vehicles or equipment to fulfill any of the requirements for the RFP, a lease versus purchase summary must be provided that illustrates at a minimum;

1. Financial and operational comparison indicating reasons and

possible advantages of lease versus purchase 2. Terms and conditions of the lease including total cost 3. Transportation, financing and installation costs as appropriate 4. Trade in or salvage value

Fuel escalators are in effect in ICTC current transit contractual agreements. Should

a fuel escalator be requested, a brief statement illustrating the recommended language for the contractual agreement and the methodology for calculation can be included. There is standard ICTC language in the draft agreement attached.

The current required farebox ratio in effect is 15% for the paratransit services. The

Provider will retain the fare revenue and submit an invoice monthly to ICTC. The invoice will list the expenses for the month and subtract the fare revenue. ICTC will pay the resulting amount as a monthly subsidy up to the annual contracted subsidy amount. ICTC will not pay more than 85% of the costs for service annually. Each invoice must be accompanied by the required reports.

5. Marketing Plan After the award of the contract, the Provider shall work with ICTC and marketing consultant staff to develop a basic annual marketing plan that is the equivalent to a 5% percentage of the total price proposal. The marketing plan may include: the design and publishing of a printed schedule/informational flyers, brochures, installation of unique color graphics and logos for MedTrans on board the vehicles, printing of various transfer tickets and fare coupons, participation by Provider staff in community job fairs, static displays and print ads. The use of outside on-board advertising will not be allowed, nor is the use of tobacco products or alcohol in advertising. All artistic and budget details are subject to review and approval of the ICTC. The Provider is encouraged but not required to provide concepts, alternatives and ideas for the marketing plan in their proposal. The exact cost and specific details of the marketing plan will be further refined after the award of the contract. Therefore this proposal should not include any costs associated with a marketing plan.



6. Miscellaneous Appendices Information considered by the Provider to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed into a separate appendix section. However, the Provider is cautioned that this appendix is considered to be a part of the 100 page limit. 7. Drug Free Work Place The Provider shall sign and include a certification that the Provider’s operation and all subcontractors working under this contract will comply with all matters relating to providing a drug free workplace. All forms must be completed and submitted with the proposal. Failure to complete this certification shall render a proposal non-responsive to this RFP and will result in the rejection of the proposal. 8. Party and Participant Disclosure Forms In conformance with the statutory requirements of California Government Code Section 84308, part of the Political Reform Act and Title 2, California Code of Regulations, Sections 18438 through 18438.8, regarding campaign contributions to members of appointed Board of Directors, the Provider is required to complete the Party and Participant Disclosure Forms provided in the Annex of this RFP and submit as part of the proposal, if applicable. Both the Provider and its subcontractors must complete the form entitled “Party Disclosure Form.” Forms must be completed and submitted with the proposal. Failure to complete this certification shall render a proposal non-responsive to this RFP and will result in the rejection of the proposal. 9. Certification of Debarment Unless otherwise permitted by law, any person or firm that is debarred, suspended or voluntarily excluded, as defined in FTA Circular 2015.1 dated April 28, 1989, may not take part in any federally-funded transaction, either as a participant or a principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly, the ICTC and the Cities may not enter into any transaction with such debarred, suspended or voluntarily excluded persons or firms during such period. A certification process has been established by 49 Code of Federal Regulations Part 29 as a means to ensure that debarred, suspended or voluntarily excluded persons or firms do not participate in a federally-assisted project. The inability to provide the



required certification will not necessarily result in denial or participation in a covered transaction. A person or firm that is unable to provide a positive certification as required by this RFP must submit a complete explanation attached to the certification. FTA will consider the certification and any accompanying explanation in determining whether or not to provide assistance for the project. Failure to furnish a certification or an explanation may disqualify the Provider from participating in the project. In general, subcontracts of less than twenty-five thousand dollars ($25,000) will not be covered by the certification procedures. Forms must be completed and submitted with the proposal. Failure to complete this certification shall render a proposal non-responsive to this RFP and will result in the rejection of the proposal. 10. Affidavit of Non-Collusion This form must be completed and submitted with the proposal. Failure to complete this certification shall render a proposal non-responsive to this RFP and will result in the rejection of the proposal. 11. Restriction on Lobbying As a recipient of federal funds, the ICTC is required to certify compliance with the influencing restrictions and efforts of the Provider to influence federal officials regarding specific procurements in excess of one hundred thousand dollars ($100,000) that must be disclosed pursuant to Section 1352, Title 31, United States Code. This RFP contains the following: a certification form entitled “Certification of Restrictions on Lobbying,” the Office of Management and Budget (OMB) Standard Form LLL entitled “Disclosure of Lobbying Activities” and a document entitled “Limitation on Payments to Influence Certain Federal Transactions.” The Provider is required to complete and submit the certification form entitled “Certification of Restrictions on Lobbying” whether or not any lobbying efforts took place. If the successful Provider did engage in lobbying activities, then OMB Standard form LLL “Disclosure of Lobbying Activities” must also be completed and submitted to the ICTC. All forms must be completed and submitted with the proposal. Failure to complete this certification shall render a proposal non-responsive to this RFP and will result in the rejection of the proposal.



12. DBE Forms These forms must be completed and submitted with the proposal. Failure to complete these documents shall render a proposal non-responsive to this RFP and will result in the rejection of the proposal. 13. Public Records Policy All proposals submitted in response to this RFP become the property of ICTC and are public records and, as such, may be subject to public review. Proposals and the documents constituting any contract entered into thereafter become the exclusive property of the ICTC and shall be subject to the California Public Records Act (Government Code Sections 6250 et seq.; “the Act”). The ICTC’s use and disclosure of its records are governed by the Act. Those elements in each proposal which the Provider considers to be trade secrets, as that term is defined in Civil Code Section 3426.1(d), or otherwise exempt by law from disclosure, should be prominently marked as “CONFIDENTIAL” or “PROPRIETARY” by the Provider. The ICTC will use its best efforts to inform the Provider of any request for disclosure of any such document. The ICTC shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. In the event of litigation concerning disclosure of information the Provider considers exempt from disclosure, the ICTC will act as stakeholder only, holding the information until otherwise ordered by a court or other legal process. If the ICTC is required to defend an action arising out of a request pursuant to the Act for any of the contents of the Provider’s proposal marked “Confidential” or “Proprietary,” the Provider shall defend and indemnify the ICTC from all liability, damages, costs and expense, including attorneys’ fees, in any action or proceeding arising under the Act. To ensure confidentiality, the Provider is instructed to enclose all “Confidential,” “Proprietary, data in so marked sealed envelopes, which should then be included with the proposal. Because the proposal is available for review by any person after award of a contract resulting from an RFP, the ICTC shall not in any way be held responsible for disclosure of any “Confidential” or “Proprietary” documents that are not contained in envelopes and prominently marked.



VII. PRE-SUBMITTAL ACTIVITIES

A. Non Mandatory Pre-Proposal Meeting and Questions Concerning Request for Proposals

The non-mandatory pre-proposal conference will be held at 9:00AM on March 4, 2016 at the ICTC conference room at 1405 N. Imperial Ave. Suite 1, El Centro CA, 92243. Attendance is encouraged but not mandatory.

Questions must be received in writing via mail, facsimile, E-mail or hand delivery no later than 3 P.M. local time, on March 2nd, 2016 addressed to:

Kathi Williams, Project Manager

Imperial County Transportation Commission 1405 N. Imperial Ave. Suite 1 El Centro, CA 92243

760-592-4494 e-mail: [email protected] B. Revision/Addendum to the Request for Proposals

Clarification desired by the Provider relating to definition or interpretation shall be requested in writing via mail, fax or email with sufficient time to allow for a response and prior to the date RFPs are due, and will be made in the form of an addendum. Oral explanation or instructions shall not be considered binding.

ICTC reserves the right to revise the RFP and issue addendums prior to the date that proposals are due. Revisions or addendums to the RFP shall be posted on the www.imperialctc.org web site at least one full business day prior to the deadline for proposals. It is the responsibility of the proposer to contact the project manager and/or check the web site for any revisions related to this RFP.

VIII. ADDITIONAL CONDITIONS

A. Reservations This RFP does not commit ICTC to award a contract, to defray any costs incurred

in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. ICTC may reject bids without providing the reason(s) underlying the declination. A failure to award a contract to the lowest bidder will not result in a

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cause of action against ICTC. B. Right to Cancel ICTC reserves the right to cancel for any reason, in part or in its entirety, this

RFP. If ICTC cancels the RFP prior to the deadline for proposals a notification will be placed on ICTC’s Web site. www.imperialctc.org

IX. RESPONSIBILITIES OF THE ICTC

A. The ICTC will administer the service contract, provide management oversight, coordinate quarterly MedTrans Management Team meetings and other communications.

B. The ICTC will pay an agreed upon amount within 30 days after submittal of the complete invoice(s).

X. EVALUATION AND AWARD

A. EVALUATION CRITERIA

RFPs will be evaluated based on the following criteria:

1. Project Technical and Related Experience (20%) Technical experience in performing paratransit work of a similar nature; experience working with public or governmental agencies; strength, stability, experience and technical competence of Provider and subcontractors to perform and meet all management and operating requirements. 2. Methodology and Approach (20%) Depth of the Provider’s understanding of the ICTC’s requirements and overall quality, logic, clarity and specificity of work plan; appropriateness of labor distribution among the activities; ability to meet the project deadlines; reasonableness of proposed start-up plan; logic of project organization and adequacy of labor commitment and utility of suggested technical or procedural innovations. 3. Staff Qualifications and Disadvantaged Business Enterprise (DBE) (15%)

Qualifications of project staff, particularly key personnel and the Project Manager; key personnel’s level of involvement in performing related work; effort to secure DBEs.

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4. Facilities and Equipment (20%) Suitability/availability of proposed facilities, maintenance/supervisory vehicles and equipment. 5. Price/Cost (15%) Reasonableness and competitiveness of the total price with other offers received; adequacy of data provided in support of figures quoted and the basis on which prices are quoted. 6. Completion of Response and References (10%) Completeness of response in accordance with RFP instructions; references for similar work 7. State Labor Code Section 1072 (10%) ICTC will offer an additional 10% preference in the scoring and evaluation process, if the provider declares as part of their proposal for a service contract that he or she will agree to retain the employees of the prior transit contractor for a period of not less than 90 days.

B. EVALUATION PROCEDURE

The ICTC will arrange for an Evaluation Committee to conduct proposal review and scoring. The Committee may be comprised of various staff from the ICTC, the Metropolitan Planning Organization - the Southern California Association of Governments (SCAG), CALTRANS and involved Social Service Agencies. The Evaluation Committee may utilize a two (2) step selection process in that Providers that submit proposals deemed responsive may be contacted for oral interviews prior to final selection. If an oral interview is scheduled, the project manager or a suitable alternative within the proposal team is required to be present. The project manager must be able to demonstrate that his or her team is the best suited for the project. The Provider may not utilize sales or corporate staff exclusively for the oral interview process. The Evaluation Committee will review all proposal deemed “Responsive” and determine if qualifications are met. A Best and Final Offer may be issued by ICTC staff after the



proposals are submitted but before contract award. During the evaluation period, the Evaluation Committee reserves the right to conduct site visits or inspections of some or all of the Provider’s facility. Negotiations may or may not be conducted with Providers; therefore, the proposal submitted should contain the Provider’s most favorable terms and conditions, since the selection and recommendation may be made without discussion with any Provider. C. AWARD

The ICTC Executive Director will submit a final recommendation to the ICTC Commission for the final approval regarding a contract award.

D. NOTIFICATION OF AWARD AND DEBRIEFING

Providers who submit a proposal in response to this RFP shall be notified in writing regarding the identity of the Provider that was awarded the contract. Such notification shall be made within ten (10) days of the date the contract is awarded. Providers not recommended can schedule a debriefing by ICTC staff on their proposal, after the award of the contract.

XI. PROTESTS

ICTC will consider all protests regarding the contracting process or the award of a contract submitted by 3:00 P.M. on the deadlines discussed below. ICTC will only review protests submitted by an actual or prospective proposer. A protest must be made in writing, contain an original signature and must be mailed or hand delivered to ICTC. Protests which do not strictly comply with ICTC’s protest procedures will be rejected. Protests relating to the content of the RFP package must be filed on or before the date the response is due. Protests relating to the intent to make an award, must be filed within three days before the award. Untimely protests will be rejected. If deemed necessary, ICTC shall notify all proposers of record that a protest has been filed and that the award has been postponed until further notice. If necessary, proposers will be asked to extend the time for acceptance of their proposal in order to avoid the need for re-advertisement of the solicitation. A. Protest Contents A letter of protest must set forth detailed grounds for the protest and be fully

supported with technical data, documentary evidence, names of witnesses and other pertinent information related to the subject being protested. The protest must also state the law, rule, regulation or practice on which the protest is based.



The protestor must demonstrate or establish a clear violation of a specific law or regulation.

If the protestor considers that the protest contains proprietary material which

should be withheld, a statement advising of this fact must be affixed to the front page of the protest document, and alleged proprietary information shall be so identified wherever it appears.

Protests shall be addressed to:

Kathi Williams, Project Manager Imperial County Transportation Commission 1405 N. Imperial Ave. Suite 1 El Centro, CA 92243 B. Reply to Protest An ICTC Protest Committee appointed by the Executive Director will review all

protests in a timely manner and reply to the protest in writing, within ten (10) business days. All relevant material submitted by the protestor will be considered. Such material will not be withheld from any interested party outside of ICTC or any agency which may be involved with the contract except to the extent that the withholding of information is permitted or required by law or regulation.

C. Request for Protest Reconsideration Upon receipt of an adverse decision by the Executive Director of the ICTC, the

protestor may file a request for protest reconsideration. A request for protest reconsideration must be directed to the Executive Director in writing and received within ten (10) full business days from the postmark date of the reply from ICTC. The Executive Director will respond to the request for protest reconsideration within ten (10) full business days and schedule a review with the Commission. The decision of the Commission will be final. No further protests will be heard by ICTC.

D. State Appeal Process

Under certain limited circumstances, and after the protester has exhausted all administrative protest remedies made available at the local level, an interested party may protest to the California Department of Transportation (Department) the award of a contract pursuant to a Federal Transit Administration (FTA) grant.



Department review of any protest will be limited to:

• Local agency’s failure to have or follow its own protest procedures or its

failure to review a complaint or protest. • Violations of the Federal or State law or regulations.

The protest filed with Department shall include:

• The name and address of the protester. • Clear identification of the local agency responsible for the RFP process. • A statement of the grounds for protest and any supporting documentation (the

grounds for protest filed with Department must be fully supported to the extent feasible. Additional materials in support of an initial protest will only be considered if authorized by the FTA regulations).

• A copy of the protest filed with the local agency, and a copy of local agency’s decision, if any.

• Indication of the desired ruling or relief from Department.

Such support should be sent to:

The California Department of Transportation Division of Rail and Mass Transportation P.O. Box 942874 - MS 39 Sacramento, CA 942874-0001

APPENDICES:

A. Scope of Work B. Sample Proposal Evaluation Form C. Proposal Pricing Sheet D. Three Years of Operational Statistics E. Monthly Report Format F. Annual Report Format G. Required Forms H. Incumbent Staff Salary and Benefits I. Sample Table of Liquidated Damages J. Draft Agreement

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IVT MedTrans Paratransit Services Scope of Work FY 2016-2017 through FY 2020-21 This Scope of Work describes the tasks and duties to be undertaken by ICTC, and by the Provider under contract with ICTC to provide IVT MedTrans Paratransit services for non-emergency transportation to medical facilities in the metropolitan San Diego area. This paratransit service does not provide service to facilities that do not provide medical services. 1.0 GENERAL OPERATIONS

1.1 The service is to be provided under the agreement with ICTC is on behalf of the eight

member agencies of the Imperial County Transportation Commission. ICTC has developed service alternatives and corresponding service hours.

1.2 This agreement is for paratransit service and implies a service that operates its services

based upon a set, designated pattern and routes of travel, within a designated operating area and with specific hours of operation:

1.3 The system when viewed in its entirety must achieve a negotiated farebox. 1.4 Services are currently scheduled to be operated on varying days to accommodate the

various schedules of clinics and doctors’ offices in San Diego area. The service departs the Imperial Valley in the morning and returns in the afternoon or early evening hours. Provider’s dispatch offices are therefore expected to be open one hour before and one hour after the hours of operation for the public. Reservations for service are allowed up to thirty (30) days ahead of time. Subscription trips are a significant portion of the passenger traffic.

1.5 Provider shall furnish all daily online management, dispatch and operation of paratransit

service, as well as, drivers, maintenance and the facilities in which to operate the service.

2.0 ICTC RESPONSIBILITIES

2.1 ICTC will provide management oversight, establish priorities for service delivery, perform ongoing planning and programming and establishing related policies for all activities relative to the services, service areas, fares, schedules, days and hours of operations, preparation of planning documents, budgets, specific grant applications and related documentation, certification and eligibility and other such activities relative to overall system administration and contract compliance monitoring.

2.2 ICTC will provide in consultation with Provider, revenue service hour vehicles.

2.3 ICTC will pay a not-to-exceed annual subsidy thirty (30) days after receipt of monthly

invoices pertaining to the service. Reimbursement will be in arrears. Provider shall establish and maintain accounting records as required by ICTC’s Auditor-Controller. Provider may be subject to annual audits.


2.4 Disputes between passengers and Provider will first be handled by Provider management

personnel. ICTC will be informed by Provider of all disputes and actions taken. ICTC shall act as the final step and/or body of appeals in the resolution of any service complaints that Provider is unable to resolve.

2.5 ICTC reserves the right to impose financial penalties for situations or items in the contract

which are violated. (See Appendix for Table of Liquidated Damages). Adjustments would be made at the time of monthly compensation.

2.6 Administration, monitoring and determination of compliance with contract requirements

will be handled by an authorized agent of ICTC. All aspects of daily operations will be available to inspection/observation by an authorized representative of ICTC.

3.0 RESPONSIBILITIES OF PROVIDER

3.1 In providing the services and oversight provided under this Scope of Work, Provider will act in the capacity of an independent contractor and will provide management, technical and operating personnel, services, equipment and facilities necessary for the operation of ICTC's paratransit services.

3.2 In the event of a major emergency, Provider shall make transportation and

communication resources available to the degree possible for emergency assistance. Line of Instruction may or may not be direct through ICTC. The Provider shall take instruction from the organization, i.e., local police or ICTC’s Office of Emergency Services (OES) field site that has assumed responsibility for the evacuation and/or transport of injured and ambulatory wounded and movement of persons to food and shelter facilities.

4.0 SERVICE IMPLEMENTATION

The paratransit service will pick up passengers at public parking facilities in Brawley, El Centro and Calexico. Additional locations may be utilized by the Provider, as long as the departure and return windows are maintained.

Passengers may walk, use private transportation, other transit and paratransit services to reach the pick up locations. Communication between the Provider and passengers, Provider and sponsoring social service agencies, and Provider and other transit service providers is vital to the success of this operation.

4.1 SERVICE HOURS

The Provider will allow the service schedule to rotate during the month so that service is provided Monday through Thursday and the subsequent week Tuesday through Friday.

Subsidized service is to be provided four days a week:

a. Two cutaway (2) buses and (1) van alternating four days a week. b. The two (2) cutaway buses will leave at staggered hours; departing the Imperial

Valley at approximately 7:00 AM and returning at approximately 3:00PM, and,


departing the Imperial Valley at approximately 10:00 AM and returning at approximately 6:00PM.

c. The cutaway buses will originate in Calexico (as necessary) and meet a van in El Centro, whereby they will depart to San Diego. The van will provide a sweep service to pick up and drop off passengers from areas North of El Cento through to Brawley (as necessary) in the AM and PM.

ESTIMATED SERVICE ALLOCATION TABLE (Service hours are anticipated to increase by 1% per year)

Monday through Thursday, Tuesday through Friday (two vehicles leaving 3 to 4 hours apart) 6:00 AM departure span to 7:00 PM return at El Centro = 20 service hours/day approximate

Total Annual Weekdays = 208 weekdays Estimated Annual Hours = 3,400 hours

4.2 SERVICE MILES (Service miles are anticipated to increase by 1% per year) Estimated Annual Mileage = 95,000 miles

4.3 ROAD CLOSURES

4.2.1 In the event of inclement weather or other event that leads to a closure of the State highway between San Diego and Imperial Counties for the trip to San Diego County, the Provider will be required to contact the passengers by telephone in advance as practical, after the decision to cancel the trip, and make every attempt to reschedule the trips at no additional charge to the passenger.

4.3.2. In the event of inclement weather or other event that leads to a closure of the State

highway between San Diego and Imperial Counties for the return trip to Imperial County, the Provider will be required to find lodging and meals for the overnight stay for the persons on board the bus. Invoices substantiating these expenses must be attached to the regular monthly invoice for reimbursement.

4.4 NO SHOW/LATE CANCELLATION

Provider shall utilize and provide reporting monthly on the No Show/Late Cancellation Policy as adopted by ICTC. Provider will submit a list monthly for ICTC staff’s use, to issue letters of suspension as needed.

4.5 Service does not operate on the following holidays or the day the holiday is observed:

New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and Christmas Day.


5.0 COMPENSATION

Provider shall receive compensation monthly based upon two formats. 5.1 An annual fixed hourly rate shall apply for each vehicle service or revenue hour. The

fixed hourly rate for that fiscal year shall apply for the assigned fiscal year including if a modification to service hours is agreed upon. Vehicle revenue hours will be calculated based upon the actual time that each revenue service vehicle is in service and available to passengers. Vehicle revenue hours shall specifically exclude deadhead hours, including time for travel to and from the first stop and after the last stop, storage facilities, fueling facilities, road tests, inspections training, personnel lunches and breaks.

The annual fixed hourly rate per fiscal year will be determined by the use of the combination of two other rates, divided by the total annual vehicle service hours.

1. A variable monthly rate shall compensate Provider for all cost elements assigned to Provider that can fluctuate.

2. A fixed monthly rate shall compensate Provider for all cost elements assigned to Provider with known quantities that are not included in the variable monthly rate.

5.2 In the event that fuel costs are increased beyond Provider’s control and negotiated rate,

ICTC will offer Provider an additional amount to offset the increase in costs. A fuel escalator clause shall contain the following provisions:

5.2.1 The fuel escalator shall be calculated as follows: the full amount that fuel costs

exceed the vehicle fuel budget line item shall be adjusted downward by any savings in any other line item category which has not been fully utilized.

5.2.2 The request for reimbursement for the fuel escalator shall be submitted to the Executive Director or his designee each month in which the costs are incurred. The request shall be accompanied by an accounting with documentation developed by ICTC and Provider, and invoices substantiating said increase.

5.3 Provider shall submit invoices on a monthly basis or before the 15th day of each month.

Invoices shall be accompanied by supporting documentation and reports as required by ICTC.

5.4 The required farebox ratio for the paratransit services is 15%. The Provider will retain the fare revenue and submit a monthly invoice to ICTC. The invoice will list the expenses for the month and subtract the fare revenue. ICTC will pay the resulting amount as a monthly subsidy up through the annual contracted subsidy amount. ICTC will not provide more than 85% of the costs for service annually.

6.0 FAREBOX

6.1 Farebox Revenue


Fareboxes are optional and can be installed at the discretion of the Provider. Vehicle operators will not make change for passengers.

6.2 Fare Collection

Provider's vehicle operators and reservationists shall collect fares as established by ICTC and maintain an accurate count of all boarding passengers by fare category. Farebox revenue will be counted by Provider’s office employees daily and reconciled against the stated number of passenger trips. Any shortages must be investigated and corrected by Provider. Provider will deposit farebox revenue daily. Farebox revenue is the property of ICTC, and Provider will submit written reports to ICTC of revenue collection.

6.3 Transfers

Provider shall also develop a transfer procedure and collect transfers from ICTC fixed-route operations or other public agency paratransit services. Provider shall account for it in its report of revenue collected.

6.4 Prepaid Fare Revenue

Provider is required to develop and collect prepaid fare revenue from individuals, educational facilities and social service agencies. Revenue will be collected by Provider personnel as needed but at a minimum on a monthly basis.

7.0 PERFORMANCE STANDARDS Standards and evaluation criteria will be utilized to annually measure performance and efficiency of services, and Provider performance. Annually, this criterion is reported to ICTC and other State and Federal agencies. For the purposes of this agreement, the following criteria will be negotiated and established:

XX.X Passengers Per Day X.X Passengers Per Hour, $X.XX Cost Per Passenger $X.XX Subsidy Per Passenger $XX.XX Cost Per Hour $XX.XX Cost per Mile 15% Farebox Ratio X Vehicle Service Hour Per Employee

8.0 MARKETING

8.1 Approval Not later than thirty (30) days after the execution of this agreement and thirty (30) days prior to the end of the fiscal year thereafter, Provider shall work with ICTC and ICTC’s marketing consultant to develop a marketing plan. ICTC will have final approval. The marketing plan shall indicate all proposed activities with a corresponding budget of up to 5% of the total cost of the service for the fiscal year. Provider shall be responsible for development and preparation of various marketing materials i.e. schedule and brochures for the paratransit services.


Provider will coordinate the placement, scheduling and distribution of all advertising and promotional materials designed to inform patrons of ICTC transit services and to promote ridership.

8.2 Preparation Provider shall be ultimately responsible for the preparation and printing of all necessary brochures, passes, tickets, and transfers to be used in the paratransit service.

8.3 Distribution

Provider shall distribute and disseminate such materials in accordance with the provisions of this agreement and any directions supplemental thereto provided by ICTC.

8.4. Promotion

Provider shall promote the service for ICTC, and distribute brochures and other materials.

8.5 Presentation

Provider shall, under the direction of ICTC provide contact on an as-needed basis with private and non-profit community agencies, job resource centers and local governing bodies to promote interest, awareness and use in the paratransit services of ICTC. These contacts shall include, but not be limited to speaking engagements and displays. Provider will participate as a technical resource contact with user groups or agencies as required, including meetings of ICTC or ICTC committees, or ICTC Board upon request.

8.6 Comment Cards

Provider shall develop and distribute passenger comment cards. Provider will respond to all comments with copies of response provided to ICTC. Provider will provide statistical summaries of frequency and patterns of comments to ICTC on a monthly basis.

9.0 CUSTOMER SERVICE

9.1 Phone

Provider shall establish sufficient local and toll free phone lines and staffing for phone services so that callers are not kept waiting more than 3 minutes. Provider shall provide bilingual telephone information service during all hours of system operation, up to one hour before and one hour after routes have started and returned from daily operations. Provider will provide statistical summaries of frequency and patterns of telephone comments to ICTC on a monthly basis.

9.2 Communication with the Hearing disabled/TDD/FAX


Provider’s telephone system shall be able to accommodate persons with hearing disabilities i.e. have ATT Language Line/TDD equivalent and FAX capabilities. Provider shall publish these phone numbers in the local telephone directory(ies).

9.3 Exclusivity of Phone Services

These lines shall be used solely for the purpose of providing customer information, serving trip requests, and those activities required under the Scope of Work, and shall not be used by Provider for any other non transit related purpose or business. These telephones shall be answered as specified by the Executive Director o his designee.

9.4 Rollover of Phone

Upon termination of the agreement, such phone numbers remain within the jurisdiction of ICTC.

9.5 Provider shall provide fluent and bilingual (Spanish and English speaking) drivers, dispatchers and information reservationists / operators who are knowledgeable of all of the transit services of ICTC as is necessary to answer customer information requests, refer passengers to other public transit service providers and/or questions in a courteous, timely and professional fashion. Staffing need also be capable of speaking in a correct, clear and easy to understand manner regardless of the primary language spoken.

10.0 COORDINATION

10.1 Consultation

Provider represents itself as an expert in the field of public paratransit. As such Provider shall provide ICTC with minor technical assistance and consultation in such matters as operating policies, funding, and coordination with other transit providers at no additional charge to ICTC. At no time will Provider be required to prepare intensive or in-depth studies without mutually agreed upon compensation. Periodically, consultants will request information or interviews with Provider’s staff. Provider is required to cooperate with all ICTC administered consultant projects.

10.2 Service Recommendations

Provider will report to the Executive Director or his designee and will make recommendations as to changes i.e. pickup locations, to improve paratransit service on a case-by-case basis. Provider may not make any permanent changes which affect the quantity, quality or nature of the service without obtaining ICTC's written permission.

10.3 Coordination of Passenger Transfers Between Modes

Provider will refer telephonic requests as appropriate to the transit service that best meets the needs of the passenger. Provider shall accept and transfer passengers under the tenets of the Americans with Disabilities Act. In certain situations, a passenger may be better


served by the use of an intra-city system or the fixed route system. Provider staff shall provide referrals that suit the passenger’s needs.

11.0 MANAGEMENT

11.1 Site Supervisor/ Operations Manager

ICTC shall participate in the selection or approval of the person serving as Director of Transportation/Operations Manager/Site Supervisor. In the event that the Operations Manager must be replaced, ICTC will participate in the selection of the replacement

11.2 Day-to-Day

Provider will manage the day-to-day operation in accordance with an operations plan and good management practices. Management of day-to-day operations of the system will be vested in at least one local management individual who will be experienced in all aspects of public paratransit operations. The individual will be responsible for managing and monitoring all aspects of the system operation including but not limited to: maintenance, repair, fueling, security, supply of on-line and spare vehicles, warranty work, quality of service, accounting, fare collection, personnel, and contract administration. Provider shall supply ICTC with a 24-hour emergency telephone number at which Provider can be reached.

11.3 Priority of Service

ICTC intends that the local management shall be on a full-time basis and shall consider the IVT MedTrans as having a priority over any other local non public transit services that Provider operates.

11.4 Executive Level Availability

Provider shall also designate a responsible executive level employee of Provider to be available at all times either by phone or in person, to make decisions or provide coordination as necessary. This executive must be authorized to act throughout the service area on behalf of Provider. This individual may not be the same individual as the local management.

11.5 Operational Efficiency

Provider shall seek out and implement methods of improving system operations, service and cost effectiveness along with improvements to correct deficiencies and substandard performance. Results will be reported to ICTC via the monthly management summary (MSS) report activity report or direct memo along with any corrective actions, which have been taken. Provider shall review and comment on plans, equipment purchases, operative changes, and related proposals of ICTC.


12.0 GENERAL REPORTS AND RECORDKEEPING

Provider shall collect data on the operation of the paratransit system and supply the data to ICTC on a monthly basis, or as may otherwise be directed below. All such information supplied by Provider shall be certified as accurate. 12.1 Management Information System

Provider's Management Information System shall utilize WORD, EXCEL, POWERPOINT, ACCESS, Adobe Acrobat and email, and provide an adequate methodology to gather, store, retain, calculate, compute, cross reference and display in textural, tabular and graphic form all operating, performance and financial data associated with this contract. In addition, email capability is required to communicate with ICTC. ICTC uses IBM-compatible computer equipment.

12.2 Monthly Reports

Provider will report the information on a monthly basis in the format as described in the appendix.

12.3 Annual Reports

Provider will report the information on an annual basis in the format as described in the appendix.

12.4 Miscellaneous Reports

In addition to the monthly reporting, Provider shall supply any and all reports necessary to comply with requirements of ICTC and other local, State, or Federal authorities. These reports will include but not be limited to all required California Air Resource Board Urban or Medium Bus Operators Emission Requirements, California Transportation Development Act and Federal Transit Administration and National Transit Database reporting requirements.

12.5 Accident Reporting

Provider shall provide ICTC with immediate telephone notice of accidents and written copies of accident reports (written reports within one (1) business day for injury accidents, three (3) business days for non-injury accidents) and CHP Safety Compliance Reports (within two business days after CHP submission to Provider).

12.6 Survey/Study /Analysis Data

ICTC may periodically conduct surveys of ridership during the term of the agreement. These surveys may determine matters including socio-economic, origination and destination and fare-type characteristics of system users. Provider shall cooperate in the


conduct of all surveys, including having its in-service drivers participate, where operationally possible, at no additional charge to ICTC.

12.7 Proprietary Restriction

Provider agrees that all information required to be furnished by this agreement shall be free from proprietary restrictions unless identified during negotiation and mutually agreed upon. Provider further agrees that other such data is public and in the public domain.

12.8 Maintenance of Data

Provider shall maintain accurate and complete books, records, data and documents on generally accepted accounting principles in accordance with Uniform System of Accounts and Records adopted by the State Controller pursuant to Section 99243 of the Public Utilities Code, and as required by ICTC or Caltrans. Such records shall be kept in such detail and form so as to meet applicable local, State and Federal requirements.

12.9 Accountability

A complete and separate set of books, accounts, and/or records shall be maintained by Provider, which shall show details of transactions pertaining to the management, maintenance and operation of only this system under the terms of the agreement. System transactions shall not be co-mingled with Provider's other operations. Provider's records shall be kept with sufficient detail to constitute an audit trail to verify that any and all costs charged to the system created by the agreement are in fact due to operations pursuant to the agreement, and not due to separate or charter operations by Provider.

On an annual basis, auditors from ICTC will perform a random audit of the financial records of the service.

12.10 Maintenance Records

Provider shall keep and maintain (separated by vehicle) all work orders, warranty dockets and maintenance records on vehicles and equipment until the agreement is terminated, releasing all such documents to ICTC upon request or upon termination of the agreement.

12.11 Access

ICTC, and its authorized agents, Caltrans, FTA, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, papers and records of Provider which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcription of Provider's files. Provider shall maintain all these records for a period of at least five (5) years following contract close-out to allow for audits, examinations, excepts and transcriptions of Provider's files.


13.0 MAINTENANCE , EQUIPMENT AND SUPPLIES

13.1 Provider shall provide all facilities, tools, equipment, tires, fuel, oil, batteries, parts, cleaning supplies, office supplies, office equipment and such other items or materials required to professionally operate ICTC paratransit services including phone system and service.

13.2 Provider shall provide, operate and maintain the radio communications system for the paratransit service, including but not limited to, securing of FCC frequency, base station, transmitter, repeater, if needed, and a mobile unit for each vehicle and spare. Provider must comply with ICTC policies and FCC procedures for radio use.

13.3 Any vehicles made available by ICTC for paratransit services shall not be used for any

other purpose without specific written approval from ICTC. No other vehicles will be used for IVT MedTrans revenue service without written approval from ICTC.

13.4 All wheelchair lift-related equipment shall be inspected, serviced and lubricated at

intervals necessary to insure that the wheelchair lifts are fully operational whenever the vehicle is used in revenue service. All wheelchair lifts must be cycled at least daily. Provider shall make every reasonable effort to repair non-operational lifts within three (3) days as required by the Americans with Disabilities Act.

13.5 Brake inspections and adjustments shall be performed at intervals that ensure the safe and

efficient operation of the braking system. 13.6 All lubrication and oil filter change intervals shall be performed in accordance with OEM

specifications, requirements and the schedule provided in proposal to operate ICTC’s paratransit system.

13.7 All components of the vehicle bodies, appurtenances and frames shall be maintained in a

safe, sound and undamaged condition at all times. Repairs (including body, glass and all vehicle appurtenances) shall be made expeditiously.

13.8 All mechanical, electrical, fluid, air and/or hydraulic systems shall be maintained in a

safe and working condition at all times. 13.9 The interior passenger compartment shall be free of exhaust fumes from the engine,

engine compartment and exhaust system of the vehicle. 13.10 Heating and air conditioning (A/C) systems shall be maintained and used to ensure that

the passenger compartment is comfortably maintained under all climatic conditions at all times on all in-service runs. Thorough A/C inspections and repairs shall be executed and completed on all vehicles no later than April 1st of each year. Provider shall maintain the A/C systems in a state of operating condition throughout the entire year.


13.11 Seats shall be maintained in proper operating condition at all times. All tears, gum, graffiti and other damage shall be repaired in a professional manner immediately upon their discovery. Provider shall replace seat covers which are worn or cannot be professionally repaired using material which is identical in design and color as those materials being replaced.

13.12 All equipment shall be reasonably clean both inside and out prior to each service run.

Exteriors of all vehicles, including wheels, shall be washed at least once per week, or more often as necessary. Backs of vehicles shall be cleaned daily on all vehicles used in service. Windows and stanchions shall be washed and floors mopped at least once per week, or more often as necessary, on all vehicles. Driver windows shall be kept clean at all times. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary, on all vehicles.

13.13 Vehicles shall be kept free of insects and vermin at all times. Provider shall exterminate

all insects and vermin from all vehicles immediately upon their discovery, utilizing materials which are safe and not noxious to passengers.

13.14 Interiors shall be dusted and swept, with trash removed, on a daily basis, or more often as

necessary on all vehicles used in service. 13.15 Provider shall notify ICTC and conform to all instructions and make all corrections

required by the CHP and other applicable regulatory agencies regarding use and maintenance of vehicles.

13.16 Provider and/or Provider's maintenance subcontractor shall establish and maintain an on-

going spare parts inventory sufficient to permit that vehicle requirements are met at all times.

13.17 Provider will provide an adequate number of vehicles during the entire term of the

Agreement for use in providing this service. All vehicles will be equipped with operating wheelchair lifts.

14.0 FACILITIES

14.1 All facilities and arrangements including office space, furniture, dispatch, maintenance bays, paved, secured and lit parking areas, security cameras, storage, on/off site fueling, radio, telephone and computer connections are the responsibility of Provider and shall be sufficient to support the operation of the services described herein.

14.2 Provider shall ensure that facilities provided are maintained as needed to ensure a safe,

hygienic, professional and attractive working environment which is in compliance with Federal, State and local regulations.

14.3 Services will be operated on an inter-regional basis. Vehicles dispatched out of the

facilities will travel to various destinations. ICTC does not specify a preference for location, however, the location will be evaluated for practicality and functionality for the


administration, operations and maintenance of the system.

14.4 Provider shall locate facilities so as to be able to bring a back up vehicle into service

within 60 minutes from the location.

14.5 The facilities should be able to accommodate the walk-in passenger, receive fare payments, provide a centralized site for operations and a distribution point for information and brochures.

15.0 VEHICLES

15.1 Provider shall supply all non-revenue vehicles for the services. Provider must examine the service history and schedule to determine vehicles recommended for efficient service operation. ICTC will provide 3 (three) cutaway style vehicles and one van for revenue service.

15.2 Provider must maintain adequate air conditioning and passenger comfort on board at all

times.

15.3 ICTC may inspect a vehicle on- or off-route and pull a vehicle out of service at any time due to perceived or reported safety violations, lack of air conditioning, lack of functional wheelchair lifts or other condition that impacts the health and welfare of passengers.

16.0 PERSONNEL

16.1 Provider shall provide all management, office staff, drivers, dispatchers, mechanics, maintenance clerk, cleaners, service workers, telephone information operators, road supervision and such other personnel necessary to responsibly operate ICTC paratransit system, including any on-board security or supervision. It is understood that Provider may subcontract components of its operations; however, no such subcontract shall relieve Provider from responsibility to ensure compliance with the terms of this Scope of Work and accompanying agreements.

16.2 Provider will recruit, screen, hire, discipline and train personnel as necessary, conduct

monthly safety and other related employee meetings as necessary, and perform liaison activities with ICTC and other agencies related to execution of the agreement. A copy of employee benefits, work rules, and union contracts shall be provided to ICTC. Provider shall meet and coordinate with ICTC on a frequent basis.

16.3 Provider shall supervise all drivers to the end that they are courteous to all patrons at all

times and respond to patron's questions regarding use of the transit system or connecting systems accurately.

16.4 Provider shall provide ICTC with an organizational chart prior to start-up. After startup,

Provider shall provide a drivers list to ICTC and shall update said list annually. Provider shall not place a driver into service without completing training program. Failure to comply with this section may result in termination of the agreement.


17.0 TRAINING

17.1 Provider shall provide full training for Provider's drivers. This training shall be a minimum of eighty (80) hours per employee, of which at least thirty (30) shall be behind the wheel. This training must be completed before a driver can enter unsupervised passenger service. Provider shall maintain and certify driver records, subject to review by ICTC and California CHP.

17.2 All Provider employees, including dispatchers and supervisors, must be trained and

certified as drivers. Such training shall meet all requirements of the State of California, including but not limited to VTT, GPPV and the Commercial Drivers' License. A detailed description of Provider's proposed training program shall be submitted. Provider's training plan shall provide a minimum of eight (8) hours of annual refresher training per driver.

17.3 Provider shall conduct classroom training in at least the following areas: Multi-media first aid training, cardiopulmonary resuscitation (CPR), National Safety Council (or approved equivalent) Defensive Driving Course, customer service, sensitivity/empathy training, emergency and accident procedures, and wheelchair loading and securement procedures.

17.4 Provider will have all drivers obtain a class of license as required by law, and

certification in CPR and first aid. All Provider employees must pass a pre-employment physical examination, paid for by Provider, prior to start of training. All of Provider's drivers shall be subject to a pre-employment background check, review of DMV records, and VTT certification.

17.5 Drivers will be trained by a trainer or trainers who are certified by the National Safety

Council (or other approved agency) to instruct the Defensive Driving course and are certified by either the American Heart Association or Red Cross (or another approved agency) to instruct the drivers in Red Cross and CPR. Provider shall certify their trainer in customer service, sensitivity training, emergency and accident procedures and wheelchair loading and securement procedures, or as may otherwise be required by State or Federal law or regulations.

17.6 Provider shall require all drivers to attend a monthly safety meeting, which shall be a

minimum of one (1) hour in duration. Provider shall implement a planned program of safety retraining to be conducted at the safety meetings. ICTC and ICTC representatives shall be allowed to attend said safety meetings.

18.0 LICENSES

18.1 Provider shall provide and maintain licenses for the radio system. 18.2 Provider shall be responsible for any locally required business or other licenses, including

Federal Communications Commission and Public Utilities Commission certificates as required and necessary. Provider shall also be solely responsible for any parking and traffic violations of vehicles operated in connection with ICTC's paratransit program.


19.0 UNIFORMS

Provider shall provide and maintain clean, color-coordinated and identical uniforms to be approved by ICTC for all Providers’ employees. Provider shall enforce a dress and appearance code. At a minimum, dress requirements shall include: shirts, slacks or shorts. Headgear is optional but if worn will be a design of a baseball type hats. Jackets will be uniform for use in cold or rainy weather. All shirts and jackets will have sewn name badges and identification patches with ICTC-approved logo. Sandals or open-toed shoes are not allowed.

20.0 SAFETY AND SECURITY

20.1 Provider shall be responsible for safety and security of passengers during operations and for all related equipment and facilities. Provider shall develop specific procedures, which define the safety and security program for ICTC paratransit services. Safety and organizational meetings shall be held with all employees at least once per month.

20.2 Provider shall report all hazardous conditions (e.g., trees, signs, slides, etc.) in the service

area to ICTC and any other appropriate authority and take necessary precautions to safeguard passengers and personnel.

20.3 Provider shall comply with all CHP, Cal-OSHA, and OSHA requirements. Provider shall

not permit drivers to bear weapons of any type while operating a vehicle under this contract.

21.0 EMPLOYEE WORK RULES

Provider shall enforce the following employee rules:

21.1 Uniforms: 21.1.1 Must be worn at all times when on duty. 21.1.2 Shall be clean and presentable at all times. 21.1.3 Uniforms designs, colors and ID tags subject to ICTC approval.

21.2. Gratuities: 21.2.1 Shall NOT be accepted. 21.2.2 All cash shall go into farebox without being handled by the driver, unless required

by the passenger's disability.

21.3 Knowledge of Service and Service Area: 21.3.1 Drivers shall have a thorough knowledge of all ICTC transit services and service

areas. 21.3.2 Drivers shall also have a basic knowledge of potential transfer locations for all

ICTC transit services.

21.4 General Rules: 21.4.1 No one will be permitted to smoke, eat or drink aboard vehicles at any time. This

includes passengers and staff.


21.4.2 Boisterous language, profanity, or incivility to anyone shall not be allowed while in uniform, while on or off duty representing the Provider or the ICTC.

21.4.3 While in uniform, no employee shall purchase, consume, or be under the influence of any narcotic, intoxicant, or harmful drug.

21.4.4 Drivers shall be responsible for keeping all vehicles clean and sanitary during their shift.

21.4.5 All employees are responsible for reporting any defects a vehicle may have to the supervisor and maintenance department immediately. Drivers shall conduct a "walk-around" and in-vehicle inspection of their vehicle and fill out a "squawk" sheet. Drivers shall have maintenance or management personnel resolve any doubt about the safety of a vehicle prior to placing a vehicle in passenger service.

21.4.6 Employees may use vehicles only in accordance with their assigned duties. 21.4.7 Employees must conduct themselves and operate vehicles in a safe and courteous

manner at all times. 21.4.8 No one shall be permitted to solicit on the vehicle. 21.4.9 No item longer than five (5) feet will be permitted on the vehicle. 21.4.10All information regarding accidents shall be confidential. Employees shall refrain

from speaking to anyone concerning any accident unless it is to police, supervisory personnel, or other person(s) involved in the accident as required by law.

21.4.11Persons under the influence of any intoxicant, narcotic, or harmful drug shall not be permitted on the vehicle.

21.4.12Drivers providing service will be required to travel over prescribed routes (corridors) and maintain time (window) schedules. If it becomes necessary to leave the deviated from the expected route, the dispatcher or immediate supervisor shall be notified immediately.

21.4.13Drivers will provide the assistance required to help elderly and disabled persons boarding and de-boarding vehicles, moving to their seat and or maneuvering and securing wheelchairs. Under no circumstances will drivers enter a passenger's residence or physically lift a passenger.

21.4.14No vehicle shall be operated when its condition is unsafe or uncertain. 21.4.15No driver shall operate the wheelchair lift: a) until he/she has received the

required training; and b) if there is any doubt whosoever about the mechanical condition of the lift or safety of the passenger as a result from using the lift. Wheelchair lift operation shall be in compliance with the methodology recommended by the OEMs.

22.0 ICTC POLICIES AND STANDARDS

Provider will be required to meet ICTC transit service policies and standards in the operation of ICTC IVT MedTrans paratransit services. Penalty payments shall be assessed in accordance with the Table of Liquidated Damages.

23.0 CONFLICT OF INTEREST

Provider covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed.

IVT MedTrans ContractPerformance Standards DRAFT

approximateFY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21

performance Option OptionEl Centro for baseline Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL

total variable costs -$ -$ -$ -$ -$ -$ total fixed costs -$ -$ -$ -$ -$ -$ total cost 220,000$ -$ -$ -$ -$ -$ -$ less 15% fares 33,000$ -$ -$ -$ -$ -$ -$ total subsidy 187,000$ -$ -$ -$ -$ -$ -$

revenue hours estimate 1,550 3,400 3,434 3,468 3,503 3,538 17,343 passenger estimate 5,500 11,000 11,110 11,221 11,333 11,447 56,111 service days 203 208 208 208 208 208 1,040 mileage estimate 62,000 95,000 95,950 96,910 97,879 98,857 484,595

pass/hour 3.5 3.2 3.2 3.2 3.2 3.2pass/day 27.1 52.9 53.4 53.9 54.5 55.0pass/mile 0.1 0.1 0.1 0.1 0.1 0.1cost/pass 40.00$ -$ -$ -$ -$ -$ sub/pass 34.00$ -$ -$ -$ -$ -$ cost/mile 3.55$ -$ -$ -$ -$ -$ cost/hour 141.94$ -$ -$ -$ -$ -$ farebox ratio 15% #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!

fte X.X

cost/hour -$ -$ -$ -$ -$

Note 1: The current service is operated by a non-profit provider with 1 revenue service hour vehicle owned by the operator

Note 2: The FY 2016-17 RFP is for 3 revenue service hour vehicles owned by ICTC

Note 3: Cost data to be added upon award of contact

T:\Projects\MEDEX\2016 RFP\Appendix a scope of work\DRAFT IVT MedTrans Performance standards 1-2016


T:\projects\MEDEX\IVT MedTrans rfp2016\sample proposal evaluation form 1

PROPOSAL EVALUATION FORM (SAMPLE) DATE: EVALUATOR: RESPONDENT: PROJECT: _____________________ CRITERIA MAXIMUM POINTS SCORE 1. Project Technical and

Related Experience 20 2. Methodology and Approach 20 3. Staff Qualifications and DBE 15 4. Facilities and Equipment 20 5. Price/Cost 15 6. Completeness and References 10 7. State Labor Code 1072 10 TOTAL SCORE: Comments:

Provider Name IVT MedTrans 2016Pricing Proposal Sheet

FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21VARIABLE COSTS Year 1 Year 2 Year 3 Option Year 1 Option Year 2 Total

Driver Wages -$ -$ -$ -$ -$ -$ Driver Fringe -$ -$ -$ -$ -$ -$ Maintenance Wages -$ -$ -$ -$ -$ -$ Maintenance Fringe -$ -$ -$ -$ -$ -$ Recruit/Hire/Training/Safety -$ -$ -$ -$ -$ -$ Fuel (based on $X.XX/gallons) -$ -$ -$ -$ -$ -$ Laundry/Uniforms -$ -$ -$ -$ -$ -$ Vehicle Liability Insurance/Claims -$ -$ -$ -$ -$ -$ Maintenance Parts and Supplies -$ -$ -$ -$ -$ -$ Interest -$ -$ -$ -$ -$ -$ Profit -$ -$ -$ -$ -$ -$ $ Subtotal Variable Costs -$ -$ -$ -$ -$ -$ Variable Rate per Service Hour -$ -$ -$ -$ -$ -$

FIXED COSTS Year 1 Year 2 Year 3 Option Year 1 Option Year 2 Total

Management/Supervisory Staff Wages -$ -$ -$ -$ -$ -$ Management/Supervisory Staff Fringe -$ -$ -$ -$ -$ -$ Dispatch/Reservations Staff Wages -$ -$ -$ -$ -$ -$ Dispatch/Reservations Staff Fringe -$ -$ -$ -$ -$ -$ Non Revenue Vehicle expenses -$ -$ -$ -$ -$ -$ Facility Finance, Rent, Leases, Taxes, -$ -$ -$ -$ -$ -$ Facility Maintenance -$ -$ -$ -$ -$ -$ General Liability Insurance -$ -$ -$ -$ -$ -$ Utilities and Telephone -$ -$ -$ -$ -$ -$ Drivecam, Cameras -$ -$ -$ -$ -$ -$ Dispatch Hardware and Software -$ -$ -$ -$ -$ -$ Communications Equip and Services -$ -$ -$ -$ -$ -$ Office Supplies, Stationery and Equipment -$ -$ -$ -$ -$ -$ Armored Car and Other Security -$ -$ -$ -$ -$ -$ Payroll Processing -$ -$ -$ -$ -$ -$ Employee Welfare (water, ice, etc.) -$ -$ -$ -$ -$ -$ Start Up expenses -$ -$ -$ -$ -$ -$ Region/Corporate Support Services -$ -$ -$ -$ -$ -$ Profit -$ -$ -$ -$ -$ -$

Subtotal Fixed Cost -$ -$ -$ -$ -$ -$ Total Costs -$ -$ -$ -$ -$ -$ Total Annual Revenue Service Hours 3,400 3,434 3,468 3,503 3,538 17,343 Total Annual Rate Per Service Hour -$ -$ -$ -$ -$ -$

T:\Projects\MEDEX\2016 RFP\Appendix c Proposal Pricing Sheet\IVT MedTrans - Proposal Pricing Sheet

MED-EXPRESS Standards 3.0 20.0 0.0 0.00 $31.77 $25.60 $79.85 $2.52 20.0%

FY 2014-2015

Pass/ Pass/ Pass/ Hour/ Cost/ Sub/ Cost/ Cost/ Fare

Annual Mileage Days Hours FTE Pass Fares Cost Subsidy Hour Day Mile FTE Pass Pass Hour Mile Box %

Subtotal A 29,915 103 784 6 2,736 $16,938.50 $105,414.84 $85,308.54 3.5 26.6 0.1 130.67 $38.53 $31.18 $134.46 $3.52 16.1%Subtotal 29,050 100 761 6 2,680 $16,703.00 $106,518.68 $87,211.37 3.5 26.8 0.1 126.83 $39.75 $32.54 $139.97 $3.67 15.7%Total 58,965 203 1,545 12 5,416 $33,641.50 $211,933.52 $172,519.91 3.5 26.7 0.1 128.75 $39.13 $31.85 $137.17 $3.59 15.9%


FY 2013-2014

Pass/ Pass/ Pass/ Hour/ Cost/ Sub/ Cost/ Cost/ Fare

Annual Mileage Days Hours FTE Pass Fares Cost Subsidy Hour Day Mile FTE Pass Pass Hour Mile Box %



FY 2012-2013

Pass/ Pass/ Pass/ Hour/ Cost/ Sub/ Cost/ Cost/ FareAnnual Mileage Days Hours FTE Pass Fares Cost Subsidy Hour Day Mile FTE Pass Pass Hour Mile Box %


MED-EXPRESS Historical Data for 2016 RFPFY 2013-2015

T:\Projects\MEDEX\2016 RFP\Appendix d Three Years of Operational Statistics\3 years of historical data for 2016 RFP

Appendix E

Monthly Reports in EXCEL format - to be attached to the monthly invoice. Failure to provide will delay processing and payment of the invoice:

1. Monthly Operating Statistics (MOS) monthly consolidated report listed by day to include: number of operating days in month, total and revenue mileage, total and revenue hours, total passengers, total wheelchairs, fare revenue (by category where appropriate).

2. Monthly Route Report (MRR) monthly summary of statistics of each specific route

by individual trip indicating mileage and passengers,

3. Management Summary Statement (MSS) monthly report to include: wheelchair lift failure ratio, accidents, on time performance date, incidents relating to i.e. weather, traffic or road construction, missing bus stop signage, vandalism, key personnel changes, updated fleet listings and topics requiring immediate attention from ICTC.

4. Passenger Service Report (PSR) monthly report to include a summary of telephonic and written complaints, comments and compliments. Report will indicate statistics for what type and frequency of comments.

Appendix F Annual Reports I in EXCEL format – to be submitted prior to 90 days after the close of the fiscal year.

1. Annual Summary of MOS, MRR and MSS Reports. Include additional details such as

recommendations for service changes

Annual Reports II – to be submitted on or prior to 30 days after the start of the fiscal year.

1. Marketing Activities Report (MAR) – Plan to be approved by the Executive Director or his designee, to indicate what activities will be conducted for the fiscal year and a corresponding budget. Report will indicate a review of the previous year’s budget and an analysis of positive and negatives of previous activities.

Annual Reports III – to be submitted at due date as listed.

1. Various Reports, these reports will be conducted on an as needed basis and may

include but not be limited to specific information regarding a particular demographic group or community, unique route characteristic or recommendations on service improvements.

CERTIFICATION OF DRUG FREE WORKPLACE

I, ___________________________________________, hereby certify on behalf of (name of authorized official) _____________________________________________ that (name of company) The PROVIDER named above, and all sub-contractors working on this contract, will comply with Government Code Section 8355 in matters relating to providing a drug-free workplace. The PROVIDER and all sub-contractors will therefore:

Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance are prohibited and that specified actions will be taken against employees for violation of these prohibitions, as required by Government Code Section 8355(a).

Establish a Drug-free Awareness Program, as required by Government Code Section 8355 (b), to inform employees all of the following:

1. The dangers of drug abuse in the workplace. 2. The firm’s policy of maintaining a drug-free workplace. 3. Any available counseling, rehabilitation and employee assistance programs, and 4. Penalties that may be imposed upon employees for drug abuse violations,

including that no employee who tests positive for use of a controlled substance shall be permitted to work on this contract.

Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:

1. Will receive a copy of the firm’s drug-free policy statement, and 2. Will agree to abide by the terms of the firm’s statement as a condition of

employment on the contract. CERTIFICATION: I, ____________________________________________, hereby certify that the above-named company, which I am duly authorized to represent, will comply with the Drug Free Workplace requirements of this contract. I understand that this certification is made under penalty of perjury, under the laws of the State of California. Executed this _________ day of _______________, 20___ By _____________________________________________ (signature of authorized official) _____________________________________________ (title of authorized official)

PARTY DISCLOSURE FORM Information Sheet

Imperial County Transportation Commission

and Affiliated Agencies

The attached Party Disclosure Form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit, or other entitlement for use pending before the Imperial County Transportation Commission (ICTC) or any of its affiliated agencies. (Please see below for definitions of these terms.) IMPORTANT NOTICE Basic Provisions of Government Code Section 84308 A. If you are an applicant for, or the subject of, any proceeding involving a license, permit,

or other entitlement for use, you are prohibited from making a campaign contribution of more than two hundred fifty dollars ($250) to any council member or his or her alternate. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition end three months after a final decision is rendered by the ICTC. In addition, no council member or alternate may solicit or accept a campaign contribution of more than two hundred fifty dollars ($250) from you during this period.

B. These prohibitions also apply to your agent(s), and, if you are a closely held corporation,

to your majority shareholder(s) as well. These prohibitions also apply to your subcontractor(s), joint venture(s) and partner(s) in this proceeding. Also included are parent companies and subsidiary companies directed and controlled by you, and political action committees directed and controlled by you.

C. You must file the attached disclosure form and disclose whether you or your agent(s)

have in the aggregate contributed more than two hundred fifty dollars ($250) to any council member or his or her alternate during the 12-month period preceding the filing of the application or the initiation of the proceeding.

D. If you or your agent(s) have in the aggregate contributed more than two hundred fifty

dollars ($250) to any individual council member or his/or her alternate during the 12-month period preceding the decision on the application or proceeding, that council member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the council member or alternate returns the campaign contribution within thirty (30) days from the time the director knows, or should have known, about both the contribution and the fact that you are a party in the proceeding. The Party Disclosure Form should be completed and filed with your proposal, or with the first written document you file or submit after the proceeding commences.

1. A proceeding involving “a license, permit, or other entitlement for use” includes all

business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts) and all franchises.

2. Your “agent” is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering or consulting firm or similar business entity, both the business entity and the individual are “agents”.

3. To determine whether a campaign contribution of more than two hundred fifty

dollars ($250) has been made by you, campaign contributions made by you within the preceding twelve (12) months must be aggregated with those made by your agent(s) within the preceding twelve (12) months or the period of the agency, whichever is shorter. Contributions made by your majority shareholder(s) (if a closely held corporation), your subcontractor(s), your joint venture(s), and your partner(s) in this proceeding must also be included as part of the aggregation. Campaign contributions made to different directors or their alternates are not aggregated.

4. A list of the members and alternates of the ICTC is attached.

This notice summarizes the major requirements of Government Code Section 84308 of the Political Reform Act and 2 Cal. Adm. Code Sections 18438-18438.8.

ICTC AND ITS AFFILIATED AGENCIES

To be completed only if campaign contributions have been made in the preceding twelve (12) months. Party’s Name: Party’s Address: Street City State Zip Phone Application or Proceeding Title and Number: Council Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contributions(s) in the preceding 12 months: Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Date: Signature of Party and/or Agent

ICTC AND AFFILIATED AGENCIES

Commissioners

1. George Nava, Councilperson City of Brawley 420 W. Main Street Brawley, CA 92227 2. Bill Hodge, Councilperson City of Calexico 608 Heber Avenue Calexico, CA 92231 3. Larry Ritchie, Councilperson City of Westmorland P.O. Box 699 Westmorland, CA 92281 4. Maria Nava-Froelich, Councilperson City of Calipatria P.O. Box 1200 Calipatria, CA 92233 5. Sedalia Sanders, Councilperson City of El Centro 1275 Main Street El Centro, CA 92243 6. Mark Gran, Councilperson City of Imperial 420 S. Imperial Avenue Imperial, CA 92251 7. David Bradshaw, Councilperson City of Holtville 704 Fig Holtville, CA 92250 8. Supervisor Ryan Kelley County of Imperial 940 Main Street El Centro, CA 92243 9. Supervisor Jack Terrazas County of Imperial 940 Main Street El Centro, CA 92243

PARTICIPANT DISCLOSURE FORM Information Sheet

Imperial County Transportation Commission

and affiliated agencies

The attached Participant Disclosure Form must be completed by participants in a proceeding involving a license, permit, or other entitlement for use. (Please see below for definitions of these terms.) IMPORTANT NOTICE Basic provisions of Government Code Section 84308 A. If you are a participant in a proceeding involving a license, permit, or other entitlement

for use, you are prohibited from making a campaign contribution of more than two hundred fifty dollars ($250) to any council member or his or her alternate. This prohibition begins on the date you begin to actively support or oppose an application for license, permit, or other entitlement for use pending before the Imperial County Transportation Commission or any of its affiliated agencies, and continues until three (3) months after a final decision is rendered on the application or proceeding by the ICTC.

No council member or alternate may solicit or accept a campaign contribution of more than two hundred fifty dollars ($250) from you and/or your agency during this period if the council member or alternate knows or has reason to know that you are a participant.

B. The attached disclosure form must be filed if you or your agents have contributed more

that two hundred fifty dollars ($250) to any council member or alternate for the ICTC or any of its affiliated agencies during the 12-month period preceding the beginning of your active support or opposition. (The disclosure form will assist the council members in complying with the law.)

C. If you or your agent have made a contribution of more than two hundred fifty dollars

($250) to a council member or alternate during the 12-month period preceding the decision in the proceeding, that council member or alternate must disqualify himself or herself from the decision. However, disqualification is not required if the member or alternate returns the campaign contribution within thirty (30) days from the time the director knows, or should have known, about both the contribution and the fact that you are a participant in the proceeding.

The Participant Disclosure Form should be completed and filed with the proposal submitted by a party, or should be completed and filed the first time that you lobby in person, testify in person before, or otherwise directly act to influence the vote of the council members of the ICTC or any of its affiliated agencies. 1. An individual or entity is a “participant” in a proceeding involving an application for

a license, permit, or other entitlement for use if:

a. The individual or entity is not an actual party to the proceeding, but does have a significant financial interest in the ICTC or one of its decisions in the proceeding.

AND

b. The individual or entity, directly or through an agent, does any of the

following:

(1) Communicates directly, either in person or in writing, with a council member or alternate of the ICTC or any of its affiliated agencies for the purpose of influencing the member’s vote on the proposal;

(2) Communicates with an employee of the ICTC or any of its affiliated

agencies for the purpose of influencing a member’s vote on the proposal; or

(3) Testifies or makes an oral statement before the ICTC or any of its

affiliated agencies.

2. A proceeding involving “a license, permit, or other entitlement for use” includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts) and all franchises.

3. Your “agent” is someone who represents you in connection with a proceeding

involving a license, permit, or other entitlement for use. If an agent acting as an employee or member of a law, architectural, engineering or consulting firm or a similar business entity or corporation, both the business entity or corporation and the individual are agents.

4. To determine whether a campaign contribution of more than two hundred fifty

dollars ($250) has been made by a participant or his or her agent, contributions made by the participant within the preceding 12-month period shall be aggregated with those made by the agent within the preceding 12-month period or the period of the agency, whichever is shorter. Campaign contributions made to different members or alternates are not aggregated.

5. A list of the members and alternates of the Commission is attached.

This notice summarizes the major requirements of Government Code Section 84308 and 2 Cal. Adm. Code Sections 18438-1, 8438.8.

ICTC AND ITS AFFILIATED AGENCIES

To be completed only if campaign contributions have been made in the preceding twelve (12) months. Party’s Name: Party’s Address: Street City State Zip Phone Application or Proceeding Title and Number: Council Member(s) or Alternate(s) to whom you and/or your agent made campaign contributions and dates of contributions(s) in the preceding 12 months: Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Name of Member: Name of Contributor (if other than Party): Date(s): Amount(s): Date: Signature of Party and/or Agent

ICTC REGIONAL COUNCIL AND AFFILIATED AGENCIES

Commissioners

1. George Nava, Councilperson City of Brawley 420 W. Main Street Brawley, CA 92227 2. Bill Hodge, Councilperson City of Calexico 608 Heber Avenue Calexico, CA 92231 3. Larry Ritchie, Councilperson City of Westmorland P.O. Box 699 Westmorland, CA 92281 4. Maria Nava-Froelich, Councilperson City of Calipatria P.O. Box 1200 Calipatria, CA 92233 5. Sedalia Sanders, Councilperson City of El Centro 1275 Main Street El Centro, CA 92243 6. Mark Gran, Councilperson City of Imperial 420 S. Imperial Avenue Imperial, CA 92251 7. David Bradshaw, Councilperson City of Holtville 704 Fig Holtville, CA 92250 8. Supervisor Ryan Kelley County of Imperial 940 Main Street El Centro, CA 92243 9. Supervisor Jack Terrazas County of Imperial 940 Main Street El Centro, CA 92243

CERTIFICATION OF PRIMARY PARTICIPANT Regarding Debarment, Suspension and Other Responsibility Matters

The ____________________________________ certifies to the best of its knowledge and (provider/principal) belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three year period preceding this proposal been convicted of or had

a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a

governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or

more public transactions (Federal, State or local) terminated for cause or default.\ If unable to certify to any of the statements in this certification, the provider shall attach an explanation to this certification. The primary participant, _________________________________________ certifies or (provider/principal) affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seq. are applicable thereto. _____________________________________ Signature and Title of Authorized Official

CERTIFICATION OF LOWER-TIER PARTICIPANTS

Regarding Debarment, Suspension and Other Ineligibility and Voluntary Exclusion

The __________________________________________________________________________ (provider/principal) certifies by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participant in this transaction by any Federal department or agency. If unable to certify to any of the statements in this certification, such provider shall attach an explanation to this proposal. The __________________________________________________________________________ (provider/principal) certifies or affirms the truthfulness and accuracy of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. sections 3801 et seq. are applicable thereto. _______________________________________ Signature and Title of Authorized Official

AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) COUNTY OF IMPERIAL ) CITY OF EL CENTRO ) , being duly sworn deposes and says that he/she is (Insert “Sole Owner”, “Partner”, “President”, “Secretary”, or other title) of the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or of any other Bidder, nor to fix any overhead profit, or cost element of such bid price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true. And further, that said Bidder has not directly or indirectly submitted his bid price or any breakdown thereof, nor paid and will not pay fees in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his general business. SIGNED: PROVIDER By: Title: SUBSCRIBED AND SWORN TO BEFORE ME This day of , . Notary Seal and Date

CERTIFICATION

OF

RESTRICTIONS ON LOBBYING

I, _________________________________, hereby certify on behalf (name of proposer) of __________________________________ that: (Providere) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this _________ day of ______________, 20___ By ________________________________________ (signature of authorized official) ________________________________________ (title of authorized official)

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046

(See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year _________ quarter _________ e. loan guarantee date of last report ______________ f. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

Tier ______, if known :

Congressional District, if known : Congressional District, if known : 6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known : 9. Award Amount, if known :

$

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, MI): different from No. 10a )

(last name, first name, MI ):

11. Signature:

Print Name:

Title:

Telephone No.: _______________________

Authorized for Local Reproduction

Standard Form LLL (Rev. 7-97)

Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. required disclosure shall be subject to a not more than $100,000 for each such failure.

Prime Subawardee

Federal Use Only:

Date:

who fails to file the Any person $10,000 and than civil penalty of not less

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connectionwith a coveredFederalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal

recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For

example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance

(CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan

commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

T;\projects\paratransit RFP\rfp2011 dbe

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DISADVANTAGED BUSINESS ENTERPRISE (DBE) Paratransit Assurances

The ICTC annually sets an overall goal for services and work to be reached by Disadvantaged Business Enterprise (DBE) participation. The expected project specific goal percentage will vary from contract to contract due to the availability of DBE’s for service and work.

The ICTC shall not discriminate on the basis of race, color, national origin, or sex in the award and

performance of any U.S. Department of Transportation (DOT) assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR part 26.

The ICTC will take all necessary and reasonable steps under 49 CFR part 26 to ensure non-discrimination

in the award and administration of DOT-assisted contracts. It is the policy of the ICTC to ensure non-discrimination in the award and administration of DOT-assisted

contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to the ICTC’s construction, procurement and professional services activities.

Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of the contract. Upon notification of failure to carry out its approved program, the Federal Transit Administration (FTA) may impose sanctions as provided for and may, in appropriate cases, refer the matter for enforcement under and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Providers agree to pursue in good faith, ICTC’s DBE goal of 2.0% for all Providers contracting and sub-contracting opportunities for the term of this Agreement. Forms must be completed and submitted with the Proposal. Failure to complete this section shall render a Proposal non-responsive to this solicitation and will result in the rejection of the Proposal. Providers will complete the following forms as applicable and include them in their response to the RFP:

1. List of Participating firms 2. Provider DBE/Non DBE Participation 3. Unavailability Certification of Disadvantaged Business Enterprises 4. Summary of Subcontract and Monthly Payments forms

T:\projects\paratransit rfp 2014\annex f required forms\DBE

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PROVIDERS LIST OF PARTICIPATING FIRMS DBE PROJECT NAME ________________________________________ DATE __________________________________ PRIME PROVIDER NAME/ADDRESS

DBE?

FIRM AGE/YEARS IN BUSINESS

ANNUAL GROSS $$ REVENUE

WORK TYPE*

SUBCONTRACTORS

*P = PROFESSIONAL CONSULTING SERVICES, C = CONSTRUCTION, S = SUPPLIES, E = EQUIPMENT, O = OTHER (describe) Report prepared by: ______________________________________Signature: ____________________________________________ Title: __________________________________________________Date: _________________________________________________


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DBE/ NON-DBE PARTICIPATION

PROJECT NAME ________________________________________ DATE __________________________________ SUBCONTRACTOR NAME/ADDRESS

WORK TO BE PERFORMED

ESTIMATED $$ PARTICIPATION

PERCENT OF TOTAL CONTRACT VALUE

Report prepared by: _____________________________________ Signature: ____________________________________________ Title: _________________________________________________ Date: _________________________________________________


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UNAVAILABILITY CERTIFICATION DISADVANTAGED BUSINESS ENTERPRISES

Project Provider’s Name In order to demonstrate a good faith effort to utilize Disadvantaged Business Enterprises, Provider’s who cannot meet their DBE participation goals must respond to either Item A or Item B below: ITEM A Name and Address Dates Method of Firms Contacted DBE Contacted of Contact Results ITEM B There exists no opportunity for subcontracting as part of this project. It is the general practice of (Name of Bidder) to perform all work of this nature solely with its own work force and to do otherwise would I, , of (Name) (Title) , do hereby certify that the above information is true and correct, and that (Name of Firm) I have made a good faith effort as documented in Item A or Item B above to obtain Disadvantaged Business participation in the performance of this contract. (Signature) (Date)


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SUMMARY OF SUBCONTRACT AWARD AND MONTHLY PAYMENTS REPORT

PROJECT NAME: ________________________________________ PROVIDER NAME: __________________________ REPORTING PERIOD: From ______________ To: _______________ SUBCONTRACTOR NAME/ADDRESS

SUBCONTRACT $$ AMOUNT

DBE?

WORK ASSIGNMENT

DBE DOLLARS COMMITTED

Report prepared by: _____________________________________ Signature: ____________________________________________ Title: _________________________________________________ Date: _________________________________________________

ANNEX I Table of Liquidated Damages SAMPLE

Program

Through the award of the contract, ICTC and Provider agree to this system of incentive rewards and penalties to insure the performance required in the contract. It is the goal of ICTC to foster and maintain a cooperative relationship with ICTC and Provider. The Performance Based Incentive Program will be used as an outline for measuring Provider’s performance and building a cooperative relationship under the agreement.

(1 ) On- Time Performance

Standard: 95% of pick-ups 0 minutes early at no more than 5 minutes late Performance above 97.5% +$0.01 per service mile Performance below 93% -$0.01 per service mile

(2) Unsubstantiated Missed Pick ups

Penalty: $500.00 per infraction

(3) Miles Between Road Calls

Standard: Average of 20,000 miles between road calls Performance above 20,000 miles +$0.01 per service mile Performance below 20,000 miles -$0.01 per service mile

(4) Miles Between Accidents

Standard: 50,000 to 70,000 miles between accidents Performance above 70,000 miles +$0.01 per service mile Performance below 50,000 miles -$0.01 per service mile

(5) Safety Inspection Report

Standard: Failure to achieve a satisfactory rating in any category of the annual CHP Safety Compliance Report.

Penalty: $500.00 per infraction and possible termination of contract

(6) Preventive Maintenance

Standard: Any preventive maintenance inspection (PMI) not completed within 300 miles of scheduled interval. Penalty: $250.00 per infraction

(7) Non-Compliance with Vehicle Appearance Requirements Penalty

$25.00 per infraction /per vehicle/per day should any vehicle not display the appropriate appearance or logo. Any damage to said vehicle or logo will be corrected within 7 business days or penalty shall apply.

(8) Non-Compliance with Reporting Requirements Penalty

$250.00 for first infraction $500.00 for subsequent infractions (9) Non-Compliance with Uniform Requirements Penalty $25.00 per infraction/per employee/per day (10) Non compliance with standard Passenger Comfort standards including air conditioning $500/per vehicle/per day based up observations or substantiated passenger complaints Definitions re: Performance Monitorinq

The following definitions and measurement shall apply to the Performance Monitoring Program. Executive Director or his designee would measure these standards.

Accidents per miles are calculated by dividing the number of accidents in the reporting period by the number of vehicle service miles in that reporting period.

Vehicle breakdowns per miles is calculated by dividing the number of breakdowns or roadcalls in the reporting period by the number of vehicle service miles in that reporting period.

1. Miles between road calls based on ICTC's review of Provider's reports, passenger complaints, on-site inspection, review of vehicle maintenance records and data supplied in monthly reports.

2. On-time service performance will be based on a review of Provider's activity, records and, as required, a survey of passengers.

3. Miles between accidents will be based on a review of Provider’s records, accident reports, police reports, monthly reports and visual inspection of vehicles.

4. Uniform/dress code compliance will be based on ICTC’s visual observation.

5. Vehicle appearance will be based on Provider’s records, field inspections and passenger complaints.

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15-0931 GPH T:\projects\medex\2016 RFP\IVT MedTrans 4th draft

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AGREEMENT

THIS AGREEMENT FOR PARATRANSIT SERVICES (“this Agreement”), made and entered

into effective the _____ day of __________, 2016, is by and between the IMPERIAL COUNTY

TRANSPORTATION COMMISSION (“ICTC”), and __________________________ (“Provider”).

W I T N E S S E T H

WHEREAS certain funding is available to provide public transit services under the Local

Transportation Authority (“LTA”), Transportation Development Act (“TDA”) and Federal Transit

Administration (“FTA”); and

WHEREAS ICTC has agreed to administer from said funds for payment to entity(ies) under

contract with ICTC for the provisions of specific transit services; and

WHEREAS ICTC has authorized and circulated a Request for Proposal for paratransit services

among prospective providers for the delivery of the paratransit system; and

NOW, THEREFORE, ICTC and Provider have and hereby agree to the following

1. TERM AND RIGHT OF EXTENSION

1.1. This Agreement shall commence on July 1, 2016 and shall continue until June 30, 2019

and if all two (20 one (1) year extension options periods are exercised pursuant to

paragraph 1.2 herein, the Agreement hall continue until June 30, 2021.

1.2. ICTC may, at its sole option and discretion, extend this Agreement up to two (2) times

as follows:

1.2.1. From July 1, 2019 through June 30, 2020;and

1.2.2. From July 1, 2020 through June 30, 2021.

1.3. This Agreement is contingent upon the receipt of funds by the ICTC. Such funds

include Federal Transit Administration (FTA) Section 5311 and 5307 Grants,

Transportation Development Act (TDA) and State Transportation Assistance Funds

(STAF) and Local Transportation Authority (LTA).

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2. DEFINITIONS

2.1. “Request for Proposal” shall mean “IVT MedTrans 2016” dated February 2016 and is

incorporated herein by this reference.

2.2 “Proposal” shall mean Provider’s completed proposal entitled “MediTrans 2016 Paratransit

Services Proposal” dated ____________ and submitted to ICTC on the bid opening date

and is incorporated herein by this reference.

2.3 “Attendant” shall include one (1) individual to assist the disabled passenger.

2.3. “Certified passenger” shall include those individuals deemed eligible for the paratransit

service through a certification process.

2.4. “Disability,” with respect to an individual, shall include all impairments as defined by the

Act at 49 Code of Federal Regulations (“CFR”) 37.3.

2.5. “General public” shall include those individuals that do not have an impairment(s) as

defined by the Act at 49 CFR 37.3.

2.6. “One-way trip” is defined as authorized travel between two (2) points. A new One-Way

Trip begins with the cessation of the previous trip.

2.7 “Senior” shall include individuals who are sixty years of age or older.

2.8 “Subscriber” shall include individuals who travel to the same destination at the same time

on a regular basis.

3. DESCRIPTION OF WORK

The services to be provided under this agreement with ICTC are those contained in the

document entitled “IVT MedTrans Paratransit Services Scope of Work”, attached hereto as

Exhibit “__” and incorporated by this reference.

4. RESPONSIBILITIES OF PROVIDER

4.1 Provider shall provide management, technical and operating personnel, services,

equipment, non revenue service hour vehicles and facilities necessary for the operation

of ICTC’s paratransit services. In addition, Provider shall participate fully in the

meetings and events of the Social Services Transportation Advisory Council.

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4.2 In providing the services and oversight provided pursuant to this Agreement, Provider

shall act in the capacity of an independent contractor and shall provide management,

technical and operating personnel, services, equipment and facilities necessary for the

operation of ICTC’s paratransit services.

4.3. In the event of a major emergency (e.g., earthquake, flood or manmade catastrophe),

Provider shall make transportation and communication resources available to the degree

possible for emergency assistance. Line of Instruction may or may not be direct

through ICTC. Provider shall take instruction from the organization that has assumed

responsibility for the evacuation and/or transport of injured and ambulatory wounded

and movement of persons to food and shelter facilities, e.g., local police or ICTC’s

Office of Emergency Services.

4.4. Provider shall comply with all terms, conditions and requirements of the Request for

Proposal and this Agreement.

4.5. Provider shall perform such other tasks as necessary and proper for the full performance

of the obligations assumed by Provider hereunder.

5. RESPONSIBILITIES OF ICTC

5.1. ICTC shall provide management oversight, establish priorities for service delivery,

perform ongoing planning and programming and establish related policies for all

activities relative to the services, service areas, fares, schedules, days and hours of

operations, preparation of planning documents, budgets, specific grant applications and

related documentation, certification and eligibility and other such activities relative to

overall system administration and contract compliance monitoring.

5.2. ICTC will pay a not-to-exceed annual reimbursement or subsidy within thirty (30) days

after submittal of monthly invoices pertaining to the service. The monthly subsidy will be

calculated by the subtraction of fare revenues collected and retained by the Provider, from

the cost, and will be paid in arrears. Provider shall establish and maintain accounting

records as required by ICTC, the Federal Transit Administration (FTA), the State

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Department of Transportation (Caltrans), and Imperial County Transportation

Commission (ICTC). Provider will be subject to annual fiscal and operational audits.

5.3. Disputes between passengers and Provider shall first be handled by Provider’s

management personnel. Provider shall inform ICTC of all disputes. ICTC shall act as

the final step and/or body of appeals in the resolution of any service complaints that

Provider is unable to resolve.

5.4. ICTC reserves the right to impose financial penalties for situations or items in the

Agreement which are violated (see Exhibit ____for Table of Liquidated Damages).

Adjustments shall be made at the time of monthly compensation.

5.5. An authorized agent of ICTC will handle administration, monitoring and determination

of compliance with the requirements of this Agreement. All aspects of daily operations

shall be available to inspection/observation by an authorized representative of ICTC.

6. SERVICE IMPLEMENTATION

The service area designation, service days and hours, and service miles shall be those specified in

Exhibit “_” – “IVT MedTrans – Scope of Work and Service Implementation”.

7. REPRESENTATIONS BY PROVIDER

7.1. Provider understands and agrees that ICTC has limited knowledge in the transit services

specified in the description of work. Provider has represented itself to be expert in these

fields and understands that ICTC is relying upon such representation.

7.2. Provider represents and warrants that it is a lawful entity possessing all required licenses

and authorities to do business in the State of California and perform all aspects of this

Agreement.

7.3. Provider shall not commence any work under this Agreement or provide any other

services, or materials, in connection therewith until Provider has received written

authorization from the ICTC Executive Director or his designee, via a Notice to Proceed,

to do so.

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7.4. Provider represents and warrants that the people executing this Agreement on behalf of

Provider have the authority of Provider to sign this Agreement and bind Provider to the

performance of all duties and obligations assumed by Provider herein.

7.5. Provider represents and warrants that any employee, Provider, subcontractor and agent

who will be performing any of the duties and obligations of Provider herein possess all

required licenses and authorities, as well as the experience and training, to perform such

tasks.

7.6. Provider represents and warrants that the allegations contained in its Proposal are true and

correct.

7.7. Provider understands that ICTC considers the representations made herein to be material

and would not enter into this Agreement with Provider if such representations were not

made.

8. COMPENSATION

PROVIDER shall receive compensation monthly based upon the following formats:

8.1. A fixed hourly rate per fiscal year shall apply for each vehicle service or revenue hour.

The fixed hourly rate shall apply for the assigned fiscal year. Vehicle revenue hours

will be calculated based upon the actual time that each revenue service vehicle is in

service and available to passengers. Vehicle revenue hours shall specifically exclude

deadhead hours, including time for travel to and from the first stop and after the last

stop, storage facilities, fueling facilities, road tests, inspections training, personnel

lunches and breaks.

8.2. The fixed hourly rate per fiscal year will be determined by the use of the combination of

two other rates divided by the total annual vehicle service hours.

8.2.1. A variable monthly rate for all cost elements assigned to Provider that can

change.

8.2.2. A fixed monthly rate for all cost elements assigned to Provider with known

quantities or costs that are not included in the variable monthly rate.

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8.3. Compensation for services provided for under Exhibit “1” – “IVT MedTrans Scope of

Work and Service Implementation” shall be as follows:

8.3.1. For the period July 1, 2016 through June 30, 2017, the price is identified as

______________. The fare box is established at fifteen percent (15%); therefore

the annual not-to-exceed subsidy shall be _____________________.













8.3.6. The fare box recovery ratio of 15% (or any other fare box ratio calculated and

ultimately required during the course of this Agreement) is subject to the

deduction of normal Transportation Development Act operating cost exclusions.

8.3.7. In the event that the required fare box revenue is not achieved on an annual

basis, the PROVIDER may be allowed to request compensation from the ICTC

for reimbursement up to the agreed upon annual cost. The lack of attainment for

the annual fare box revenue must not be due to circumstances affecting the

quality of transit service within the PROVIDER’s control, e.g. ICTC’s

documentation of poor maintenance affecting the reliability of service or

passenger comfort on vehicles, or inappropriate behavior by customer service

staff or vehicle drivers.

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8.4. In the event that fuel costs are increased beyond Provider’s control and the negotiated

rate, ICTC shall offer Provider an additional amount to offset the increase in costs. A

fuel escalator clause shall contain the following provisions:

8.4.1. The fuel escalator shall be calculated as follows: the full amount that fuel costs

exceed the vehicle fuel budget line item shall be adjusted downward by any

savings in any other line item category that has not been fully utilized.

8.4.2. The request for additional subsidy shall be submitted to ICTC at the conclusion

of the fiscal year in which the costs are incurred. The request shall be

accompanied by an accounting developed by Provider, and invoices

substantiating said increase.

8.4.3. The cost of fuel is negotiated at a rate set at ____ dollars ($X.XX) per gallon for

the Term of this Agreement.

9. FARE BOX

9.1 Fare Box Revenue. Fare boxes are optional and can be installed at the discretion of

Provider.

9.2 Fare Collection. Provider’s staff will collect fares in advance where feasible. Vehicle

operators shall also collect fares as established by ICTC and maintain an accurate count

of all boarding passengers by fare category. Vehicle operators shall not make change

for passengers.

9.3 Fare box revenue shall be counted by Provider’s office employees daily and reconciled

against the stated number of passenger trips. Any shortages must be investigated and

corrected by Provider. Provider shall deposit fare box revenue daily. Fare box revenue

is the property of ICTC, and Provider shall submit written reports to ICTC of revenue

collection.

9.4 Transfers. Provider shall also develop a transfer procedure and collect transfers from

ICTC paratransit operations or other public agency paratransit services. Provider shall

account for it in its report of revenue collected.

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9.5 Prepaid Fare Revenue. Provider shall develop and collect prepaid fare revenue from

individuals, educational facilities and social service agencies. Revenue shall be

collected by PROVIDER personnel as needed but at a minimum on a monthly basis.

10. PERFORMANCE STANDARDS

Standards and evaluation criteria will be utilized to annually measure performance and

efficiency of routes, and Provider performance. This criterion is reported to State and Federal

agencies annually. For the purposes of this Agreement, criteria will be negotiated and

established: Performance standards for service implementation shall be those specified in

Exhibit “_” – IVT MedTrans Scope of Work and Service Implementation.

11. MARKETING

11.1 Approval. Not later than thirty (30) days after the execution of this Agreement and

ninety (90) days prior to the end of the fiscal year thereafter, Provider shall participate

in the development of a marketing plan with ICTC and ICTC’s consultant specific to

the IVT MedTrans services for ICTC’s final approval. The marketing plan shall

indicate all proposed activities with a corresponding budget up to 5% of the total price

of the service for the fiscal year. Provider shall be responsible for working with ICTC

staff and consultant for development and preparation, subject to the approval of ICTC,

of all marketing materials for the paratransit services. Provider will coordinate the

placement, scheduling and distribution of all advertising and promotional materials

designed to inform patrons of ICTC services and to promote ridership.

11.2 Preparation. Provider shall be responsible for the preparation and printing of all

necessary passes, tickets and transfers to be used in the paratransit service.

11.3 Distribution. Provider shall distribute and disseminate such materials in accordance

with the provisions of this Agreement and any directions supplemental thereto provided

by ICTC.

11.4 Promotion. Provider shall promote the service for ICTC, and distribute brochures and

other materials.

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11.5 Presentation. Provider shall, under the direction of ICTC, provide contact on an as-

needed basis with private and non-profit community agencies, job resource centers and

local governing bodies to promote interest and use in the transit services of ICTC.

These contacts shall include, but not be limited to speaking engagements and displays.

Provider will participate as a technical resource contact with user groups or agencies as

required, including meetings of ICTC committees or commission meetings upon

request.

11.6 Comment Cards. Provider shall develop and distribute passenger comment cards.

Provider will respond to all comments with copies of response provided to ICTC.

Provider will provide statistical summaries of frequency and patterns of comments to

ICTC on a monthly basis.

12. CUSTOMER SERVICE

12.1 Phone. Provider shall establish at least two (2) customer service telephone numbers, at

least one (1) of which shall be toll-free. Provider shall provide telephone information

service during all hours of system operation, up to one (1) hour before and one (1) hour

after services have started and returned from daily operations. Provider shall provide

statistical summaries of frequency and patterns of telephone comments to ICTC on a

monthly basis.

12.2 TDD/FAX. Provider’s telephone system shall have TDD or equivalent and FAX

capabilities. Provider shall publish these phone numbers in local telephone

directory(ies).

12.3 Exclusivity of Phone Services. Provider’s customer service telephone numbers shall be

used solely for the purpose of providing customer information, serving trip requests and

those activities required under this Scope of Work, and shall not be used by Provider for

any other purpose or business. These telephones shall be answered as specified by

ICTC.

12.4 Rollover of Phone. Upon termination of this Agreement, Provider’s customer service

telephone numbers shall remain within the jurisdiction of ICTC. Any new Provider

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would be responsible for transferring Provider’s customer service telephone numbers to

their service.

12.5 Bilingual Capability. Provider shall provide bilingual dispatchers or information

operators and drivers who can fluently speak both the English and Spanish languages

and are knowledgeable of time schedules, routes, window corridors and transit services

of ICTC as is necessary to answer customer information requests, refer passengers to

other public transit service providers and/or questions in a courteous, timely and

professional fashion.

13. COORDINATION

13.1 Consultation. Provider represents itself as an expert in the field of public paratransit.

As such, Provider shall provide ICTC with minor technical assistance and consultation

in such matters as operating policies, funding and coordination with other transit

Providers at no additional charge to ICTC. At no time shall Provider be required to

prepare intensive or in-depth studies without mutually agreed-upon compensation.

Periodically, consultants will request information or interviews with Provider staff.

Provider is required to cooperate with all ICTC-administered consultant projects.

13.2 Service Recommendations. Provider shall report to ICTC and shall make

recommendations as to changes to improve ICTC’s paratransit service on a case-by-

case basis. Provider shall not make any permanent changes that affect the quantity,

quality or nature of the service without obtaining ICTC’s written permission.

14. MANAGEMENT

14.1 Site Supervisor/Operations Manager. ICTC shall participate in the selection or approval

of the person serving as Operations Manager/Site Supervisor. In the event that the

Operations Manager must be replaced, ICTC shall participate in the selection of the

replacement.

14.2 Day-to-Day Operations. Provider shall manage the day-to-day operation in accordance

with the adopted operations plan and good management practices. Management of day-

to-day operations of the system shall be vested in at least one (1) local management

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individual who shall be experienced in all aspects of public paratransit operations. The

individual shall be responsible for managing and monitoring all aspects of the system

operation including but not limited to maintenance, repair, fueling, security, and supply

of on-line and spare vehicles, warranty work, quality of service, accounting, fare

collection, personnel and contract administration. Provider shall supply ICTC with a

twenty-four (24) hour emergency telephone number at which Provider can be reached.

14.3 Priority of Service. The Operations Manager/Site Supervisor shall be employed and

available on a full-time basis.

14.4 Executive Level Availability. Provider shall also designate a responsible executive

level employee of Provider to be available at all times, either by phone or in person, to

make decisions or provide coordination as necessary. This executive must be

authorized to act throughout the service area on behalf of Provider. This individual may

not be the same individual as the Operations Manager/Site Supervisor.

14.5 Operational Efficiency. Provider shall seek out and implement methods of improving

system operations, service and cost-effectiveness along with improvements to correct

deficiencies and substandard performance. After approval by ICTC, results shall be

reported to ICTC via the monthly management summary report (“MMS”) activity

report or direct memorandum along with a summary of any corrective actions that have

been taken. Provider shall review and comment on plans, equipment purchases,

operative changes and related proposals of ICTC.

15. GENERAL REPORTS AND RECORDKEEPING

15.1 Provider shall collect data on the operation of the paratransit system and supply the data

to ICTC on a monthly basis, or as may otherwise be directed below. All such

information supplied by Provider shall be certified as accurate.

15.2 Management Information System. Provider’s Management Information System shall

utilize Word, Excel, Power Point, Access, Adobe Acrobat and e-mail and provide an

adequate methodology to gather, store, retain, calculate, compute, cross-reference and

display in textural, tabular and graphic form all operating, performance and financial

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data associated with this Agreement. In addition, e-mail capability is required to

communicate with ICTC. ICTC uses IBM-compatible computer equipment.

15.3 Monthly Reports. Provider shall report the information on a monthly basis in the

format as described in the Appendix _ to “IVT MedTrans Paratransit Service Request

For Proposal” dated January 2016 - Reporting).

15.4 Annual Reports. Provider shall report the information on an annual basis in the format

as described in the Appendix _ to “IVT MedTrans Paratransit Service Request For

Proposal” dated January 2016 - Reporting).

15.5 Miscellaneous Reports. In addition to the monthly and annual reporting, Provider shall

supply any and all reports necessary to comply with requirements of ICTC and other

local, State or Federal authorities. These reports shall include but not be limited to all

required California Air Resource Board Urban or Medium Bus Operators Emission

Requirements, California Transportation Development Act and FTA and National

Transit Database reporting requirements.

15.6 Accident Reporting. Provider shall provide ICTC with immediate telephone

notification of accidents. Provider shall forward written copies of accident reports

within one (1) business day for injury accidents and three (3) business days for non-

injury accidents. Provider shall also forward all California Highway Patrol (“CHP”)

Safety Compliance Reports within two (2) business days after CHP submission to

Provider.

15.7 Survey/Study/Analysis Data. ICTC may periodically conduct surveys of ridership

during the Term and, if applicable, the Extension Term of this Agreement. These

surveys may determine matters including socioeconomic, origination and destination

and fare-type characteristics of system users. PROVIDER shall cooperate in the

conduct of all surveys, including having its in-service drivers participate where

operationally possible, at no additional charge to ICTC.

15.8 Proprietary Restriction. Provider agrees that all information it must furnish pursuant to

this Agreement shall be free from proprietary restrictions unless identified during

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negotiation and mutually agreed-upon. Provider further agrees that other such data is

public and in the public domain.

15.9 Maintenance of Data. Provider shall maintain accurate and complete books, records,

data and documents on generally-accepted accounting principles in accordance with

Uniform System of Accounts and Records adopted by the State Controller pursuant to

Section 99243 of the Public Utilities Code, and as required by ICTC or the California

Department of Transportation (“Cal Trans”). Such records shall be kept in such detail

and form so as to meet applicable local, State and Federal requirements.

15.10 Accountability. A complete and separate set of books, accounts and/or records shall be

maintained by Provider, which records shall show details of transactions pertaining to

the management, maintenance and operation of only this system under the terms of this

Agreement. System transactions shall not be co-mingled with Provider’s other

operations. Provider’s records shall be kept with sufficient detail to constitute an audit

trail to verify that any and all costs charged to the system created by this Agreement are

in fact due to operations pursuant to this Agreement, and not due to separate or charter

operations by Provider. ICTC auditors shall perform a random audit of the financial

records of the service on an annual basis.

15.11 Maintenance Records. Provider shall keep and maintain all work orders, warranty

dockets and maintenance records on vehicles and equipment, separated by vehicle, until

this Agreement is terminated. PROVIDER shall release all such documents to ICTC

upon request or upon termination of this Agreement.

15.12 Access. ICTC, Caltrans, FTA and the Comptroller General of the United States, or any

of their duly authorized representatives, shall have access to any books, documents,

papers, and records of PROVIDER which are directly pertinent to this Agreement for

the purpose of making audit, examination, excerpts, and transcription of Provider’s

files. Provider shall maintain all these records for a period of at least five (5) years

following the close-out of this Agreement to allow for audits, examinations, excepts and

transcriptions of Provider’s files.

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16. MAINTENANCE, EQUIPMENT AND SUPPLIES

16.1 Provider shall provide all facilities, tools, equipment, tires, fuel, oil, batteries, parts,

cleaning supplies, office supplies, office equipment and such other items or materials

required to professionally operate ICTC’s paratransit services, including phone system

and service.

16.2 Provider shall provide, operate and maintain the radio communications system for the

paratransit service, including but not limited to, securing of Federal Communications

Commission (“FCC”) frequency, base station, transmitter, repeater if needed, and a

mobile unit for each vehicle and a spare. Provider must comply with ICTC policies and

FCC procedures for radio use.

16.3 VEHICLE MAINTENANCE

It shall be Provider’s responsibility to provide maintenance personnel and institute a

vehicle maintenance program to achieve a high level of maintenance on the fleet of

ICTC-owned buses provided to Provider. ICTC expects maintenance of vehicles in the

highest level of condition by covering the following, but not limited to, general

elements: • Preventative Maintenance • Mechanical Maintenance • Zero Tolerance Graffiti Removal • Cleaning Program • Engine and Transmission • Quality Control • Warranties on New Buses • Interior Bus Maintenance (Seats, Driver Seats, Floors) • Wheelchair Lift/Ramp Maintenance • Farebox Maintenance • Tire Servicing • Wheel Cleaning • Maintenance Performance Analysis • Maintenance Reporting

All preventative maintenance inspections and mechanical maintenance shall be

performed by qualified employees of the Provider unless otherwise noted. Provider is

responsible for providing the necessary trained and qualified staff to perform all

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elements required as part of the maintenance program included within this Agreement.

Provider shall increase staffing as a function of need to perform all tasks required of the

maintenance program over the course of the project.

If Provider staffing levels for maintenance personnel fall below what it required by the

agency and based on the Provider staffing proposed, Provider shall temporarily utilize

existing personnel for additional time, or shifts, to insure that the maintenance staffing

workload meets, or exceeds, the minimum Full Time Equivalent (FTE) requirements for

each of the maintenance staffing categories proposed by Provider, until such time that

additional staff are hired, trained, and employed. Failure to maintain staffing levels that

equal, or exceed the required levels for operating efficiency may subject Provider to

liquidated damages. Subcontracting of additional or specialized cleaning functions may

be considered. However, all maintenance manager, mechanic and service positions

must be employees of the Provider. Provider’s duty and responsibility to maintain all

vehicles and equipment is not delegable to any other person, firm or corporation. All

subcontracts of maintenance functions must be approved by ICTC in advance, and may

not substitute for staffing levels shown in Provider’s staffing plan.

16.3.1 MAINTENANCE PERSONNEL

Maintenance personnel assigned to work on ICTC-owned and other contractor

buses shall have thorough knowledge of:

• Bus engines, transmissions, and related mechanical parts.

• Methods and procedures used in servicing mechanical equipment.

• Bus chassis and bodies.

• Tools, precision instruments, equipment, and procedures used in the general

repair and maintenance of bus equipment.

• Decimals, fractions, and specifications related to bus mechanics.

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• Specialized areas such as upholstering, brake relining, air conditioning,

wheelchair lift or device, fareboxes, electronic destination signs, and laptop

computer diagnostic programming.

16.3.2 MAINTENANCE PERSONNEL SKILLS

16.3.2.1 Inspect bus engines, transmissions, fuel systems, and other

mechanical, electric, and electronic parts and components.

16.3.2.2 Diagnose bus engine, transmission, fuel systems, and other

mechanical, electrical, and electronic parts and component system

problems.

16.3.2.3 Repair bus engines, transmissions, fuel systems and other mechanical,

electrical, and electronic parts and components when necessary.

16.3.2.4 Diagnose and repair electronic components, such as the bus electronic

control system, fareboxes, electronic destination signs, wheelchair

lift/ramp mechanisms and air conditioning systems. 16.3.3 PREVENTIVE MAINTENANCE

Provider shall adopt and maintain a formalized preventative maintenance

program for all vehicles in conformance with manufacturers’ preventative

maintenance schedules, state law, industry standard practices, and other detailed

maintenance required by ICTC. Preventative Maintenance Inspection (PMI)

Checklists will be based on PMI intervals, as well as the minimum requirements

for each interval (based on manufacturers recommended schedules). Any PMI

procedures that go above and beyond these minimum requirements are entirely

up to Provider, but the minimum requirements must be met within +/- 500 miles

of the specified interval.

PMI intervals shall be at the following inspection mileages: • A 3,000 miles or 45 days • B 6,000 miles • C 24,000 miles • D 48,000 miles

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The mileage intervals are based on a progressive PMI cycle. If a vehicle has

been out of service for more than 30 continuous days, the vehicle must be given

an “A” inspection in order to inspect tanks, brakes, and other related items in an

“A” inspection prior to re-entering revenue service. Any vehicle that has had

the repair of major body damage or collision repairs, shall have an inspection

documented and forwarded to ICTC staff to insure vehicle has been returned to

full compliance.

Provider must also meet, or exceed, the PMI requirements set forth by vehicle

builders and all major component manufacturers.

Major components include, but are not limited to, engines, transmissions, A/C

and heating, doors, radios, wheelchair lifts, fareboxes, destination signs, and fuel

tanks. Failure to follow manufacturers’ guidelines may result in liquidated

damages and/or termination of the Agreement. ICTC shall determine Provider’s

compliance with the above requirements by reviewing detailed monthly PMI

reports, and or by utilizing an independent maintenance consultant. ICTC may

select buses randomly for independent third party inspections.

If Provider wishes to revise some of these requirements during the course of the

service agreement (because of new information, or techniques that have been

approved by the manufacturer), it may present a revised plan, with supporting

documentation, to ICTC for review. ICTC decisions regarding revised PMI

procedures shall be final.

In addition to these minimum PMI requirements, Provider must also create and

implement PMI functions for the following equipment:

Wheelchair Lifts and Ramps – PMI programs for all lift and ramp systems shall

be developed to meet the manufacturers’ requirements to address warranty,

safety, reliability, and longevity issues. 16.3.4 MECHANICAL MAINTENANCE PROGRAM

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Provider, at its sole cost and expense, shall provide all lubricants, repairs,

cleaning, cleaning agents, parts, supplies, labor, maintenance, major

components, and component rebuilding and replacement required for the

operation of all equipment pursuant to the Agreement, unless otherwise

indicated. Provider shall be fully responsible for the safe and efficient

maintenance of all vehicles and equipment, radios, fareboxes, and all other

ICTC-provided equipment to be used to perform this Agreement in strict

conformity to all CHP regulations and Title 13 requirements.

ICTC may inspect any vehicle at any time. Provider shall allow ICTC, or its

designated agent, access to Provider’s facilities and records for the purpose of

monitoring the Provider’s maintenance performance, as ICTC deems necessary.

ICTC shall be permitted to view and copy any vehicle maintenance records,

inspect vehicles, and request Provider’s personnel to drive vehicles and/or

position vehicles to inspect the undercarriage, as is necessary to evaluate the

condition of vehicles used in the performance of this Agreement. ICTC, or its

designated agent(s), shall conduct such inspections on a regular basis.

All parts, materials, tires, lubricants, fluids, oils and procedures used by Provider

on all ICTC-owned vehicles, vehicles and equipment shall meet, or exceed

Original Equipment Manufacturer (OEM) specifications and requirements. All

parts installed by Provider on ICTC-owned buses shall become property of

ICTC.

At a minimum, the Maintenance Program must provide that:

16.3.4.1 All wheelchair lifts, ramps, and other accessibility-related equipment

shall be inspected, serviced and lubricated at intervals necessary to

insure that all accessibility features are fully operational whenever the

vehicle is used in revenue service.

16.3.4.2 Fareboxes, radios, destination signs, public address systems, request-

to-stop systems, and passenger doors shall be inspected, serviced and

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lubricated at intervals necessary to ensure that this equipment is fully

operational as designed whenever the vehicle is used in revenue

service.

16.3.4.3 At scheduled oil change intervals, a laboratory engine and

transmission oil analysis shall be performed on every ICTC-provided

bus engine or transmission. The analysis program used by Provider

shall be subject to approval by ICTC.

16.3.4.4 Brake inspections and adjustments shall be performed at intervals that

insure the safe and efficient operation of the braking system. Brakes

must be fully inspected, at a minimum, of 3,000 miles at the “A”

inspection.

16.3.4.5 All components of the bus bodies, appurtenances, and frames shall be

maintained in a safe, sound and undamaged condition at all times.

Damage (including body damage and all bus appurtenances) shall be

repaired in a professional manner within three weeks (21 calendar

days) of occurrences. In the event that the repairs cannot be made

within three weeks due to the severity of damage, and/or backorder of

parts not typically in Provider’s inventory, Provider shall work with

ICTC to establish a reasonable schedule for completion.

16.4 All mechanical, electrical, fluid, air, and/or hydraulic systems shall be maintained in a

safe and fully functional (as designed) condition at all times.

16.5 The interior passenger compartment shall be free of exhaust fumes from the engine,

engine compartment, and exhaust system of the bus at all times.

16.6 Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used

to insure that the passenger compartment temperature is comfortably maintained under

all climatic conditions at all times during revenue service. Provider shall maintain the

A/C systems in an operable condition throughout the entire year.

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16.7 Bicycle racks (front two position SportWorks) may be provided on all buses provided

for this service. Provider shall then maintain bicycle racks in good working order.

Racks shall be inspected every 3,000 miles with the “A” PMI. Racks may need to be

sanded, repainted or polished, or replaced (if not easily repaired).

16.8 Provider, as manager of the fleet, shall establish and maintain a spare parts inventory

based on the age and variety of vehicles, sufficient to ensure that peak hour vehicle

requirements are met. Vehicles may not be used to supply spare parts for other buses.

16.9 ICTC may remove a vehicle from revenue service if ICTC determines that maintenance

on any vehicle is not in conformity with the Agreement.

16.10 Provider, as an agent for ICTC in the case of warranted equipment, will be responsible

for ensuring that the vehicle manufacturers and all component manufacturers perform or

reimburse Provider for all parts and labor, which are covered under warranty. Provider

shall diligently follow the preventative maintenance program so any warranty coverage

on ICTC-owned or provided equipment is not lessened or invalidated.

16.11 Upon completion or termination of the Agreement for any reason, Provider shall return

vehicles, and all other ICTC-provided equipment to ICTC less reasonable wear-and-

tear, as determined by accepted bus industry standards and approved by ICTC.

16.12 Driver and passenger seats shall be maintained in proper operating condition at all

times. It shall include, at a minimum, inspection, repair, and replacement for seat

cushions, frames, armrests, and all electrical, mechanical, and pneumatic components.

All rips, tears, cuts, gum, graffiti and other damage shall be cleaned and/or repaired in a

professional manner immediately upon their discovery. Provider shall replace seat

covers that are worn or cannot be professionally repaired, using materials that are

identical in design and color as those materials being replaced.

16.13 Provider is responsible for all towing services related to this AGREEMENT.

16.14 Tire maintenance and replacement are the responsibility of the Provider. Any new

buses delivered during the Agreement will be delivered with tires purchased by ICTC as

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part of the bus procurement. Any replacements for these original tires will be the

responsibility of the Provider when the original tires require replacement.

16.15 Steam cleaning of engine compartments of buses shall be carried out with Provider

equipment on a regular basis. It is expected that the engine compartment be steam

cleaned or pressure washed (at high temperature) prior to every “A” inspection at 3,000

miles.

16.16 MAINTENANCE SHOP PRACTICES

The Provider provided Maintenance Manager shall verify the quality of the work

performed, and add his/her signature to the PMI Inspection form.

16.16.1Tires shall always be matched (by manufacturer, size, and tread pattern) on each

axle. Provider shall follow manufacturer’s recommended guidelines for wheel

maintenance and cleaning. Provider shall clean all wheels weekly and re-paint

steel wheels as necessary.

16.16.2Broken or cracked glass or window liners shall be replaced immediately upon

discovery. No buses shall enter into revenue service with broken or cracked

glass at any time. Scratched or etched glass or window liners shall be replaced

weekly, unless significant damage or offensive in nature, which shall require

immediate replacement.

16.16.3Bus Brake Replacement

16.16.3.1 Both brakes on an axle will be replaced at the same time.

16.16.3.2 Wheel seals will be replaced with every brake job, and bearings will

be checked.

16.16.4Other:

16.16.4.1 Cradle motor mounts shall be replaced in pairs.

16.16.4.2 Radiators shall be re-cored or replaced at the time of engine

replacement.

16.16.4.3 Bus maintenance and storage facilities shall be free of freestanding

water. All oil, grease, fluids, dirt, trash, rags, boxes, etc. shall be

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removed from bus maintenance and storage facilities daily. ICTC

may inspect shop condition on a regular basis.

16.17 BUS MAINTENANCE RECORD KEEPING

Provider will maintain an up-to-date vehicle file for each vehicle containing, at a

minimum, the following information:

Year and Make

Model

Serial number/ICTC fleet number

License number

Vehicle Identification Number (VIN)

Date received

Date placed in service

Annual miles

Contract miles

Life miles

Major Component Rebuild and Replacement including date and life-miles

Vehicle repairs

Preventive Maintenance Inspection Reports

Daily “Bus Condition” reports

Work Orders

The "Preventive Maintenance Inspection" Report will be kept for at least four (4) years

for all vehicles. The Daily Bus Report will be kept for the period required by the

California Highway Patrol (CHP).

Copies of the "Preventive Maintenance Inspection" report will be submitted to ICTC on

a quarterly basis, if so requested by ICTC. ICTC shall coordinate with Provider for

submittal of selected summary type reports from the computerized maintenance system.

Any Daily Bus Report shall be submitted to ICTC upon request. Provider shall submit

the entire vehicle file, or selected reports, from the maintenance software system to

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ICTC upon request. The computerized maintenance software system must be backed

up regularly.

At the minimum, Provider shall submit monthly maintenance report summaries each

month including maintenance PMIs done in the past month, and vehicle cleaning

summaries.

16.18 SAFETY

16.18.1 ICTC will require that the Motor Carrier Unit of the CHP annually prepare

and submit to ICTC a Safety Compliance Report (CHP 343) and Vehicle

Inspection Reports (CHP 343A). Provider shall fully cooperate with, and

allow access as requested to, any CHP officer, or agent, for the purposes of

preparing the CHP 343. Provider must attain satisfactory ratings in each

category of the Safety Compliance Report. Provider must expeditiously

correct any deficiencies noted on any CHP vehicle or terminal inspection

report.

16.18.2 ICTC requires that Provider regularly inspect and maintain all safety

equipment used or required in the fulfillment of this Agreement. Provider is

responsible for purchasing, at its own cost, replacement fire extinguishers,

first aid kits, first aid kit refill supplies, and triangle reflector kits sufficient to

ensure that spares are always available and that the operation maintains

compliance with local, state, and federal safety regulations. Drivers’ daily

vehicle inspection shall include a check of the fire extinguisher and triangle

reflector kit. Used, missing, or broken items must be replaced as soon as

practicable. All vehicle and facility fire extinguishers shall be inspected and

tagged no less frequently than annually. First aid kits shall be inspected and

professionally serviced at least once per year.

16.19 ICTC REIMBURSEMENT OF ENGINE AND TRANSMISSION REBUILD COSTS

ICTC recognizes that during the term of this Agreement, engines and/or transmissions

of ICTC-owned buses not under warranty may have to be rebuilt or replaced. If

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Provider determines that an engine or transmission needs to be rebuilt or replaced, the

Provider shall notify ICTC, in writing, detailing the reasons for such a determination

including pertinent information from the vehicle file and a detailed cost estimate. An

outside vendor may be used if deemed cost effective after consultation and approval by

ICTC.

16.19.1 After review, ICTC may direct Provider in writing, to proceed with the

recommended work.

16.19.2Provider will only be permitted to pass through to ICTC the costs related to any

engine or transmission work accomplished following the above-mentioned

procedure. ICTC will not be liable for any costs if Provider does not follow the

above-mentioned procedure. Provider must submit a detailed invoice to ICTC

for all such work.

16.19.3If ICTC determines that such work is necessary due to poor maintenance

performance by Provider, ICTC will not be liable for any costs.

16.19.4Provider shall remain responsible for all costs related to repair or replacement of

any engine-driven part including, but not limited to, generators, hydraulic

pumps, water pumps, fuel pumps, valve covers, oil pans, alternators, voltage

regulators, air compressors, air-conditioning compressors, vacuum pumps,

starter motors, and turbocharger. Provider shall also remain responsible for all

costs related to repair or replacement of transmission-related parts including, but

not limited to, oil coolers, external oil lines, external filters, external linkage

modulators, external speedometers/odometers, "driven" gears or sensors, neutral

start switches, and temperature sensors.

17. FACILITIES AND LOCAL OFFICE

17.1 All facilities and arrangements including office space, furniture, dispatch, maintenance

bays, paved, secured and lighted parking areas, storage, on/off site fueling, radio,

telephone and computer connections are the responsibility of Provider and shall be

sufficient to support the operation of the services described herein.

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17.2 Provider shall ensure that facilities provided are maintained as needed to ensure a safe,

hygienic, professional and attractive working environment that is in compliance with

local, State and Federal regulations.

17.3 Services shall be operated on an inter-city and inter-county basis. Vehicles dispatched

out of the facilities shall travel to various destinations. ICTC does not specify a

preference for location; however, the location shall be evaluated for practicality and

functionality for the administration, operations and maintenance of the system.

17.4 Provider shall locate facilities so as to be able to bring a back-up vehicle into service

within sixty (60) minutes from the location.

17.5 The facilities are expected to serve the walk-in passenger, collect fare payment, and

provide a centralized site for operations and a distribution point for the sale of passes

and brochures.

18. VEHICLES

18.1 ICTC shall supply all revenue vehicles for the services. Provider shall supply all non-

revenue service hour vehicles. See Vehicles for Exhibit “_”: “IVT MedTrans – Scope of

Work and Service Implementation”. Provider must examine the service history and

schedule to determine minimum size of vehicles and spares required for efficient

service operation.

18.2 Provider shall maintain adequate air conditioning and passenger comfort on board at all

times.

18.3 ICTC may inspect a vehicle on- or off-route and pull a vehicle out of service at any time

due to perceived or reported safety violations, lack of air conditioning, lack of

functional wheel chair lifts or other condition that impacts the health and welfare of

passengers.

19. PERSONNEL

19.1. Provider shall provide all management, office staff, drivers, dispatchers, mechanics,

maintenance clerks, cleaners, service workers, telephone information operators, road

supervisors and such other personnel necessary to responsibly operate ICTC’s

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paratransit system, including any onboard security or supervision. It is understood that

Provider may subcontract components of its operations; however, no such subcontract

shall relieve Provider from responsibility to ensure compliance with the terms of this

Agreement.

19.2. Provider shall recruit, screen, hire, discipline and train personnel as necessary, conduct

monthly safety and other related employee meetings as necessary and perform liaison

activities with ICTC and other agencies related to execution of this Agreement. A copy

of employee benefits, work rules and union contracts shall be provided to ICTC.

Provider shall meet and coordinate with ICTC on a frequent basis.

19.3. Provider shall supervise all drivers to the end that they are courteous to all patrons at all

times and respond to patrons’ questions regarding use of the transit system or

connecting systems accurately.

19.4. Provider shall provide ICTC with an organizational chart prior to start-up. After

startup, Provider shall provide a list of drivers’ names and update said list monthly.

Provider shall not place a driver into service without the driver first completing

Provider’s training program as outlined in Paragraph 20. Failure to comply with this

section may result in termination of this Agreement.

20. TRAINING

20.1 Provider shall provide full training for Provider’s drivers. This training shall be a

minimum of eighty (80) hours per employee, of which at least thirty (30) hours shall be

behind the wheel. This training must be completed before a driver can enter

unsupervised passenger service. Provider shall maintain and certify driver records,

subject to review by ICTC and CHP.

20.2 All Provider employees, including dispatchers and supervisor(s), shall be trained and

certified as drivers. Such training shall meet all requirements of the State of California.

A detailed description of Provider’s proposed training program shall be submitted to

ICTC within thirty (30) days of the execution of this Agreement. Provider’s training

plan shall provide a minimum of eight (8) hours of annual refresher training per driver.

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20.3 Provider shall conduct classroom training in at least the following areas: multi-media

first aid training, cardiopulmonary resuscitation (“CPR”), National Safety Council (or

approved equivalent) defensive driving course, customer service, sensitivity/empathy

training, emergency and accident procedures and wheelchair loading and securement

procedures.

20.4 Provider shall have all drivers obtain a class of drivers license as required by law, and

certification in CPR and first aid. All Provider employees must pass a pre-employment

physical examination, paid for by Provider, prior to start of training. All of Provider’s

drivers shall be subject to a pre-employment background check, a review of their

California Department of Motor Vehicle records.

20.5 Drivers shall be trained by a trainer or trainers who are certified by the National Safety

Council (or other approved agency) to instruct the defensive driving course and are

certified by either the American Heart Association or Red Cross (or another approved

agency) to instruct the drivers in first aid and CPR. Provider shall certify their trainer in

customer service, sensitivity training, emergency and accident procedures and

wheelchair loading and securement procedures, or as may otherwise be required by

local, State or Federal law or regulations.

20.6 Provider shall require all drivers to attend a monthly safety meeting that shall be a

minimum of one (1) hour in duration. Provider shall implement a planned program of

safety retraining to be conducted at the safety meetings. ICTC and its representatives

shall be allowed to attend said safety meetings.

21. LICENSES

21.1 Provider shall provide and maintain licenses for its radio system.

21.2 Provider shall be responsible for any locally required business or other licenses,

including FCC and Public Utilities Commission certificates as required and necessary.

Provider shall also be solely responsible for any parking and traffic violations of

vehicles operated in connection with ICTC’s paratransit services.

22. UNIFORMS

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Provider shall provide and maintain clean, color-coordinated and identical uniforms to be

approved by ICTC for all Provider employees. Provider shall enforce a dress and appearance

code. At a minimum, dress requirements shall include: shirts, slacks or shorts. Headgear is

optional but if worn shall be a design of a baseball-type hats. Jackets shall be uniform for use

in cold or rainy weather. All shirts and jackets shall have sewn name badges and identification

patches with a logo that has been approved by ICTC. Sandals or open-toed shoes are not

allowed.

23. SAFETY AND SECURITY

23.1 Provider shall be responsible for the safety and security of passengers during operations

and for all related equipment and facilities. Provider shall develop specific procedures

that define the safety and security program for ICTC’s paratransit services. Safety and

organizational meetings shall be held with all Provider employees at least once per

month.

23.2 Provider shall report all hazardous conditions (e.g., trees, signs, slides, etc.) in the

service area to ICTC and any other appropriate authority and take necessary precautions

to safeguard passengers and personnel.

23.3 Provider shall comply with all CHP and State and Federal Occupational Health and

Safety Administration requirements. Provider shall not permit drivers to bear weapons

of any type while operating a vehicle under this Agreement.

24. INSURANCE REQUIREMENTS:

24.1 Throughout the life of this Agreement, Provider shall pay for and maintain in full force

and effect all policies of insurance required hereunder with an insurance company(ies)

either (i) admitted by the California Insurance Commissioner to do business in the State

of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii)

authorized by ICTC’s Executive Director or his/her designee and in his/her sole

discretion. The following policies of insurance are required:

(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as

the most current version of Insurance Services Office (ISO) Commercial General

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Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property

damage” and “personal and advertising injury” with coverage for premises and

operations (including the use of owned and non-owned equipment), products and

completed operations, and contractual liability (including, without limitation, indemnity

obligations under the Contract) with limits of liability of not less than the following:

$20,000,000 per occurrence for bodily injury and property damage

$20,000,000 per occurrence for personal and advertising injury

$20,000,000 aggregate for products and completed operations

$20,000,000 general aggregate

(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as

broad as the most current version of Insurance Service Office (ISO) Business Auto

Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned

automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of

not less than $20,000,000 per accident for bodily injury and property damage.

(iii) GARAGEKEEPERS LIABILITY insurance which shall include coverage for all ICTC

vehicles in the care, custody, and control of the Provider with limits of liability of not

less than $1,000,000 per occurrence and $2,000,000 general aggregate.

(iv) FIDELITY BOND/CRIME insurance which shall be at least as broad as the most

current version of Insurance Services Office (ISO) Commercial Crime Coverage Form

CR 00 20 and include coverage for employee theft, forgery or alteration, inside the

premises – theft of money and securities, inside the premises –robbery or safe burglary,

outside the premises, computer fraud, funds transfer fraud and money orders and

counterfeit paper currency, with limits of liability of not less than $100,000 per

claim/occurrence.

(v) WORKERS' COMPENSATION insurance as required under the California Labor

Code.

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(vi) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than

$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each

employee.

24.2 Should Provider maintain higher limits than the minimum limits shown above, ICTC

requires and shall be entitled to coverage for the higher limits maintained by Provider.

Any available insurance proceeds in excess of the specified minimum limits of

insurance and coverage shall be available to ICTC.

24.3 In the event Provider purchases an Umbrella or Excess insurance policy(ies) to meet the

minimum limits of insurance set forth above, this insurance policy(ies) shall “follow

form” and afford no less coverage than the primary insurance policy(ies).

24.4 Provider shall be responsible for payment of any deductibles contained in any insurance

policies required hereunder and Provider shall also be responsible for payment of any

self-insured retentions. Any deductibles or self-insured retentions must be declared to,

and approved by, the ICTC’s Executive Director or his/her designee. At the option of

the ICTC’s Executive Director or his/her designee, either: (i) the insurer shall reduce or

eliminate such deductibles or self-insured retentions as respects to ICTC, its board

members, officers, employees, agents and volunteers, and Cities and their elected

officials, officers, employees, agents and volunteers: or (ii) Provider shall provide a

financial guarantee, satisfactory to ICTC’s Executive Director or his/her designee,

guaranteeing payment of losses and related investigations, claim administration and

defense expenses. At no time shall ICTC or Cities be responsible for the payment of

any deductibles or self-insured retentions.

24.5 All policies of insurance required hereunder shall be endorsed to provide that the

coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except

after 30 calendar day written notice has been given to ICTC. Upon issuance by the

insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in

coverage or in limits, Provider shall furnish ICTC with a new certificate and applicable

endorsements for such policy(ies). In the event any policy is due to expire during the

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work to be performed for ICTC, Provider shall provide a new certificate, and applicable

endorsements, evidencing renewal of such policy not less than 15 calendar days prior to

the expiration date of the expiring policy.

24.6 The General Liability and Automobile Liability insurance policies shall be written on an

occurrence form and shall name ICTC, its board members, officers, employees and

agents as an additional insured. Such policy(ies) of insurance shall be endorsed so

Provider’s insurance shall be primary and no contribution shall be required of ICTC.

The coverage shall contain no special limitations on the scope of protection afforded to

ICTC, its board members, officers, employees and agents. Garagekeepers Liability

insurance shall be written on a direct primary coverage form and include comprehensive

and collision coverage. The Workers’ Compensation insurance policy shall contain a

waiver of subrogation as to ICTC, its board members, officers, employees and agents.

24.7 Provider shall furnish ICTC all certificate(s) and applicable endorsements effecting

coverage required hereunder. All certificates and applicable endorsements are to be

received by ICTC and approved by ICTC’s Executive Director or his/her designee prior

to ICTC’s execution of the Agreement and before work commences. Upon request of

ICTC, Provider shall immediately furnish ICTC with a complete copy of any insurance

policy required under this Agreement, including all endorsements, with said copy

certified by the underwriter to be a true and correct copy of the original policy. This

requirement shall survive expiration or termination of this Agreement.

24.8 If at any time during the life of this Agreement or any extension, Provider or any of its

subcontractors fail to maintain any required insurance in full force and effect, all work

under this Agreement shall be discontinued immediately, and all payments due or that

become due to Provider shall be withheld until notice is received by ICTC that the

required insurance has been restored to full force and effect and that the premiums

therefore have been paid for a period satisfactory to ICTC. Any failure to maintain the

required insurance shall be sufficient cause for ICTC to terminate this Agreement. No

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action taken by ICTC hereunder shall in any way relieve Provider of its responsibilities

under this Agreement.

24.9 The fact that insurance is obtained by Provider shall not be deemed to release or

diminish the liability of Provider, including, without limitation, liability under the

indemnity provisions of this Agreement. The duty to indemnify ICTC shall apply to all

claims and liability regardless of whether any insurance policies are applicable. The

policy limits do not act as a limitation upon the amount of indemnification to be

provided by Provider. Approval or purchase of any insurance contracts or policies shall

in no way relieve from liability nor limit the liability of Provider, its principals, officers,

employees, agents, persons under the supervision of Provider, vendors, suppliers,

invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or

indirectly by any of them.

24.10 If Provider should subcontract all or any portion of the services to be performed under

this Agreement, Provider shall require each subcontractor to provide insurance

protection in favor of ICTC, its board members, officers, employees and agents in

accordance with the terms of each of the preceding paragraphs, except that the

subcontractors' certificates and endorsements shall be on file with Provider and ICTC

prior to the commencement of any work by the subcontractor.

24. TERMINATION

25.1 TERMINATION FOR CONVENIENCE

ICTC, by written notice, may terminate this Agreement, in whole or in part, when it is

in ICTC’s interest. If this Agreement is terminated, ICTC shall be liable only for

payment under the payment provisions of this Agreement for services rendered before

the effective date of termination.

25.2 TERMINATION FOR DEFAULT

If PROVIDER fails to perform the services within the time specified in this Agreement

or any extension or if PROVIDER fails to comply with any other provisions of this

Agreement, ICTC may terminate this Agreement for default. ICTC shall terminate by

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delivering to PROVIDER a Notice of Termination specifying the nature of default.

PROVIDER will only be paid the contract price for services performed in accordance

with the manner of performance set forth in the Agreement.

If this Agreement is terminated while PROVIDER has possession of ICTC’s property,

PROVIDER shall, upon direction of ICTC, protect and preserve the property until

surrendered to ICTC or its agent. ICTC and PROVIDER shall agree on payment for the

preservation and protection of property. Failure to agree on the amount will be resolved

under Paragraph 34 of this Agreement.

If, after termination for failure to fulfill the obligations of this Agreement, it is

determined that PROVIDER was not in default, the rights and obligations of the parties

shall be the same as if the termination had been issued for the convenience of ICTC.

PROVIDER shall have the right to declare at default if ICTC is 90 day in arrears on

payment of outstanding invoices, after the date of submittal.

25.3 OPPORTUNITY TO CURE

ICTC shall in the case of a termination for breach or default, allow PROVIDER thirty

(30) days in which to cure the defect. In such case, the notice of termination will state

the time period in which cure is permitted and other appropriate conditions.

If PROVIDER fails to remedy to ICTC’s satisfaction the breach or default of any of the

terms, covenants, or conditions of this Agreement within thirty (30) days after receipt

by PROVIDER of written notice from ICTC setting forth the nature of said breach or

default, ICTC shall have the right to terminate the Agreement without any further

obligation to PROVIDER. Any such termination for default shall not in any way

operate to preclude ICTC from also pursuing all available remedies against PROVIDER

and its sureties for said breach or default.

In the event that ICTC elects to waive its remedies for any breach by PROVIDER of

any covenant, term or condition of this Agreement, such waiver by ICTC shall not limit

ICTC’s remedies for any succeeding breach of that or of any other term, covenant, or

condition of this Agreement

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26. FUTURE CONTRACTUAL SERVICE ADJUSTMENTS.

The service provided is dictated by the ridership demand and economics of the annual budget

process. After a contract has been executed, service demand may increase or decrease.

Adjustments within the original scope of work may take place to the contracted revenue service

days or hours that will affect the service pricing. The ICTC or the Provider may initiate a

discussion to adjust the level(s) of service. Pricing for a service hour increase or decrease

modification will be based on the cost per hour in affect for that fiscal year, as agreed and

submitted in the proposal submitted entitled “IVT MedTrans” Paratransit Services Technical

proposal dated __________. Contact service modifications, subsequent extensions, agreement

terms and subsidy are subject to criteria. Criteria for determining and evaluating the

appropriateness of the modification or extension will be reviewed and approved by the ICTC

Commission and Caltrans. Changes will not be made outside of the scope of work of this project.

Changes will not be made to the contract during the first thirty (30) days of operation. Changes

may not be made unilaterally or solely at the request of a passenger.

27. EMPLOYEE WORK RULES

Provider shall enforce the following employee rules:

27.1. Uniforms must be worn at all times when on duty and shall be clean and presentable at

all times. Uniform designs, colors and ID tags are subject to ICTC approval.

27.2. Gratuities shall not be accepted.

27.3. Drivers shall have a thorough knowledge of all ICTC transit services and service areas.

Drivers shall also have a basic knowledge of potential transfer locations for all ICTC

transit services.

27.4. General Rules

27.4.1. No one shall be permitted to smoke, eat or drink aboard vehicles at any time.

This includes passengers and staff.

27.4.2. Boisterous language, profanity or incivility to anyone shall not be allowed

while Provider’s personnel is in uniform and representing Provider and

ICTC, whether on- or off-duty.

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27.4.3. While in uniform, no Provider employee shall purchase, consume or be under

the influence of any narcotic, intoxicant, or harmful drug.

27.4.4. Drivers shall be responsible for keeping all vehicles clean and sanitary during

their shift.

27.4.5. All Provider employees are responsible for reporting any defects noted in any

vehicle to the supervisor and maintenance department immediately. Drivers

shall conduct a “walk-around” and an in-vehicle inspection of their vehicle

and fill out a form approved by ICTC for denoting the results of such

inspection(s) daily. Drivers shall have maintenance or management

personnel resolve any doubt about the safety of a vehicle prior to placing a

vehicle in passenger service.

27.4.6. Employees may use vehicles only in accordance with their assigned duties.

27.4.7. Employees must conduct themselves and operate vehicles in a safe and

courteous manner at all times.

27.4.8. No one shall be permitted to solicit on the vehicle.

27.4.9. No item longer than five (5) feet shall be permitted on the vehicle.

27.4.10. All information regarding accidents shall be treated as confidential.

Employees shall refrain from speaking to anyone concerning any accident

unless it is to police, supervisory personnel, or other person(s) involved in the

accident as required by law.

27.4.11. Persons under the influence of any intoxicant, narcotic, or harmful drug shall

not be permitted on the vehicle.

27.4.12. Drivers providing service shall be required to travel over prescribed routes. If

it becomes necessary to leave the route, the dispatcher or immediate

supervisor shall be notified immediately.

27.4.13. Drivers shall provide the assistance required to help elderly and disabled

persons boarding and de-boarding vehicles, moving to their seat and/or

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maneuvering and securing wheelchairs. Under no circumstances shall drivers

enter a passenger’s residence or physically lift a passenger.

27.4.14. No vehicle shall be operated when its condition is unsafe or uncertain.

27.4.15. No driver shall operate the wheelchair lift until he/she has received the required

training and if there is any doubt whosoever about the mechanical condition

of the lift or safety of the passenger as a result from using the lift.

Wheelchair lift operation shall be in compliance with the methodology

recommended by the organizational equipment manual.

28. ICTC POLICIES AND STANDARDS

Provider shall meet ICTC transit service policies and standards in the operation of ICTC’s IVT

MedTrans paratransit services. Penalty payments shall be assessed in accordance with the

Table of Incentives and Penalties.

29. CONFLICT OF INTEREST

Provider covenants that it presently has no interest and shall not acquire any interest, direct or

indirect, which would conflict in any manner or degree with the performance of service

required to be performed.

30. COMPLIANCE WITH INDUSTRY REGULATIONS, POLICIES AND LAWS

Provider, by the submission of its Proposal, certifies that it shall operate the paratransit system

in compliance with ICTC operating policies, and with local, State and Federal ordinances, laws,

and regulations applicable to this service. This Agreement is financed in part with funding

received under §§5307 and 5311 of the Federal Transit Act. All services performed by

Provider shall be performed in accordance and full compliance with all applicable federal laws

and requirements.

30.1. Drug And Alcohol Testing (49 U.S.C. § 5331, 49 CFR Part 655). Provider agrees to

establish and implement a drug and alcohol testing program that complies with 49

United States Code (“U.S.C.”) §5331 and 49 Code of Federal Regulations (“CFR”) Part

655. Provider agrees to produce any documentation necessary to establish its

compliance with Part 655 and permit any authorized representative of the United States

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Department of Transportation (“US DOT”) or its operating administrations, the State

Oversight Agency of State of California or ICTC to inspect the facilities and records

associated with the implementation of the drug and alcohol testing program as required

under 49 CFR Part 655 and review the testing process. Provider further agrees to

annually certify its compliance with Part 655 to ICTC on or before January 15 of each

year this Agreement is in effect.

30.2. Buy American Requirements (49 U.S.C. §5323 (j), 49 CFR Part 661). Provider agrees

to comply with 49 U.S.C §5323 (j) and 49 CFR Part 661, which provide that Federal

funds may not be obligated unless steel, iron and manufactured products used in FTA-

funded projects are produced in the United States, unless a waiver has been granted by

FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR

Part 661.7 and include but are not limited to, final assembly in the United States for 15-

passenger vans and 15-passenger wagons produced by Chrysler Corporation,

microcomputer equipment, software and small purchases (currently less than one

hundred thousand dollars ($100,000)) made with capital, operating or planning funds.

Separate requirements for rolling stock are provided in §5323 (j)(2)(C) and 49 CFR Part

661.11. Rolling stock not subject to a general waiver must be manufactured in the

United States and have a 60 percent (60%) domestic content.

30.3. Charter Bus Requirements/Charter Service Operations (49 U.S.C. §5323(d), 49 CFR

Part 604). PROVIDER agrees to comply with 49 U.S.C. §5323(d) and 49 CFR Part

604, which provides that recipients and subrecipients of FTA assistance are prohibited

from providing charter service using federally-funded equipment or facilities if there is

at least one (1) private charter operator willing and able to provide the service, except

under one of the exceptions at 49 CFR Part 604.9. Any charter service provided under

one of the exceptions must be “incidental” (i.e., it must not interfere with or detract

from the provisions of mass transportation).

30.4. School Bus Requirements/School Bus Operations (49 U.S.C. §5323 (f), 49 CFR Part

605). Pursuant to 49 U.S.C. §5323(f) and 49 CFR Part 605, recipients and subrecipients

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of FTA assistance may not engage in school bus operations exclusively for the

transportation of students and school personnel in competition with private school bus

operators unless qualified under specified exemptions. When operating exclusive

school bus service under an allowable exemption, recipients and subrecipients may not

use federally funded equipment, vehicles, or facilities.

30.5. Energy Conservation Requirements (42 U.S.C. §6321 et seq., 49 CFR Part 18).

PROVIDER agrees to comply with mandatory standards and policies relating to energy

efficiency that are contained in the state energy conservation plan issued in compliance

with the Energy Policy and Conservation Act.

30.6. Clean Water Requirements (33 U.S.C. §1251).

30.6.1. Provider agrees to comply with all applicable standards, orders or regulations

issued pursuant to the Federal Water Pollution Control Act, as amended, 33

U.S.C. §1251 et seq. Provider agrees to report each violation to ICTC and

understands and agrees that ICTC will, in turn, report each violation as required

to assure notification to FTA and the appropriate EPA regional office.

30.6.2. Provider also agrees to include Paragraph 26.6.1 in each subcontract exceeding

one hundred thousand dollars ($100,000) financed in whole or in part with

Federal assistance provided by FTA.

30.7. Lobbying (31 U.S.C. §1352, 49 CFR Part 20)/Byrd Anti-Lobbying Amendment, 31

U.S.C. §1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be

codified at 2 U.S.C. §1601, et seq.]. Contractors who apply or bid for and award of one

hundred thousand dollars ($100,000) or more shall file the certification required by 49

CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that

it will not and has not used Federal appropriated funds to pay any person or

organization for influencing or attempting to influence an officer or employee of any

agency, a member of Congress, officer or employee of Congress, or an employee of a

member of Congress in connection with obtaining any Federal contract, grant or any

other award covered by 31 U.S.C. §1352. Each tier shall also disclose the name of any

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registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts

on its behalf with non-Federal funds with respect to that Federal contract, grant or

award covered by 31 U.S.C. §1352. Such disclosures are forwarded from tier to tier up

to the recipient.

30.8. Federal Changes (49 CFR Part 18). Provider shall at all times comply with all

applicable FTA regulations, policies, procedures and directives, including without

limitation those listed directly or by reference in any agreement between ICTC and

FTA, as they may be amended or promulgated from time to time. Provider’s failure to

so comply shall constitute a material breach of this Agreement.

30.9. Clean Air (42 U.S.C. §7401 et seq, 40 CFR Part 15.61, 49 CFR Part 18).

30.9.1. Provider agrees to comply with all applicable standards, orders or regulations

issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.

Provider agrees to report each violation to ICTC and understands and agrees that

ICTC will, in turn, report each violation as required to assure notification to

FTA and the appropriate EPA Regional Office.

30.9.2. PROVIDER also agrees to include Paragraph 29.9.1 in each subcontract

exceeding one hundred thousand dollars ($100,000) financed in whole or part

with Federal assistance provided by FTA.

30.10. Recycled Products/Recovered Materials (42 U.S.C. §6962, 40 CFR Part 247, Executive

Order 12873). Provider agrees to comply with all the requirements of Section 6002 of

the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. §6962),

including but not limited to the regulatory provisions of 40 CFR Part 247, and

Executive Order 12873, as they apply to the procurement of the items designated in

Subpart B of 40 CFR Part 247.

30.11. No Government Obligation to Third Parties. The Federal Government is not obligated

to any third party pursuant to this Agreement.

30.11.1. ICTC and Provider acknowledge and agree that, notwithstanding any

concurrence by the Federal Government in or approval of the solicitation or

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award of this Agreement, absent the express written consent by the Federal

Government, the Federal Government is not a party to this Agreement and

shall not be subject to any obligations or liabilities to ICTC, Provider or any

other party (whether or not a party to this Agreement) pertaining to any

matter resulting from this Agreement.

30.11.2. Provider agrees to include Paragraph 29.11.1 in each subcontract financed in

whole or in part with Federal assistance provided by FTA. It is further

agreed that the clause shall not be modified, except to identify the

subcontractor who will be subject to the provisions of that paragraph.

30.12. Program Fraud and False or Fraudulent Statements and Related Acts (31 U.S.C. §3801

et seq., 49 CFR Part 31, 18 U.S.C. §1001, 49 U.S.C. §5307).

30.12.1. Provider acknowledges that the provisions of the Program Fraud Civil

Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and US DOT

regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its

actions pertaining to this Agreement. Upon execution of this Agreement,

Provider certifies or affirms the truthfulness and accuracy of any statement it

has made, it makes, it may make, or causes to be made, pertaining to this

agreement or the FTA-assisted project for which this work is being

performed. In addition to other penalties that may be applicable, Provider

further acknowledges that if it makes, or causes to be made, a false, fictitious,

or fraudulent claim, statement, submission, or certification, the Federal

Government reserves the right to impose the penalties of the Program Fraud

Civil Remedies Act of 1986 on Provider to the extent the Federal

Government deems appropriate.

30.12.2. Provider also acknowledges that if it makes, or causes to be made, a false,

fictitious or fraudulent claim, statement, submission or certification to the

Federal Government under a contract connected with this Agreement that is

financed in whole or in part with Federal assistance originally awarded by

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FTA under the authority of 49 U.S.C. §5307, the Federal Government

reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C.

§5307(n)(1) on Provider to the extent the Federal Government deems

appropriate.

30.12.3. Provider agrees to include Paragraphs 29.12.1 and 29.12.2 in each subcontract

financed in whole or in part with Federal assistance provided by FTA. It is

further agreed that the clauses shall not be modified, except to identify the

subcontractor who will be subject to the provisions.

30.13. Privacy Act/Contracts Involving Federal Privacy Act Requirements (5 U.S.C. §552).

The following requirements apply to Provider and its employees that administer any

system of records on behalf of the Federal Government under this Agreement or any

related contract.

30.13.1. Provider agrees to comply with, and assures the compliance of its employees

with, the information restrictions and other applicable requirements of the

Privacy Act of 1974, 5 U.S.C. §552a. Among other things, Provider agrees

to obtain the express consent of the Federal Government before Provider or

its employees operate a system of records on behalf of the Federal

Government. Provider understands that the requirements of the Privacy Act,

including the civil and criminal penalties for violation of that Act, apply to

those individuals involved, and that failure to comply with the terms of the

Privacy Act may result in termination of an agreement.

30.13.2. Provider also agrees to include Paragraph 29.13.1 in each subcontract to

administer any system of records on behalf of the Federal Government

financed in whole or in part with Federal assistance provided by FTA.

30.14. Civil Rights Requirements (29 U.S.C. §623, 42 U.S.C. §2000, 42 U.S.C. §6102, 42

U.S.C. §12112 and 12132, 49 U.S.C. §5332, 29 CFR Part 1630, 41 CFR Parts 60 et

seq.) The following requirements apply to Provider and its employees.

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30.14.1. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as

amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of

1975, as amended, 42 U.S.C. §6102, section 202 of the ADA, 42 U.S.C.

§12132, and Federal transit law at 49 U.S.C. §5332, PROVIDER agrees that

it will not discriminate against any employee or applicant for employment

because of race, color, creed, national origin, sex, age or disability. In

addition, PROVIDER agrees to comply with applicable Federal

implementing regulations and other implementing regulations FTA may

issue.

30.14.2. Equal Employment Opportunity. The following equal employment

opportunity requirements apply to this Agreement:

A. Race, Color, Creed, National Origin, Sex. In accordance with Title

VII of the Civil Rights Act, as amended, 42 U.S.C. §2000e, and

Federal transit laws at 49 U.S.C. §5332, Provider agrees to comply

with all applicable equal employment opportunity requirements of

U.S. Department of Labor (“US DOL”) regulations, “Office of

Federal Contact Compliance Programs, Equal Employment

Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq.,

(which implement Executive Order No. 11246, “Equal Employment

Opportunity,” as amended by Executive Order No. 11375,

“Amending Executive Order 11246 Relating to Equal Employment

Opportunity,” 42, U.S.C. §2000e note), and with any applicable local,

State or Federal statutes, executive orders, regulations, and local,

State or Federal policies that may in the future affect construction

activities undertaken in the performance of this Agreement. Provider

agrees to take affirmative action to ensure that applicants are

employed, and that employees are treated during employment,

without regard to their race, color, creed, national origin, sex, or age.

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Such action shall include, but not be limited to the following:

employment, upgrading, demotion or transfer, recruitment or

recruitment advertising, layoff or termination; rates of pay or other

forms of compensation; and selection for training, including

apprenticeship. In addition, Provider agrees to comply with any

implementing requirements FTA may issue.

B. Age. In accordance with section 4 of the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. §5332, Provider

agrees to refrain from discrimination against present and prospective

employees for reason of age. In addition, Provider agrees to comply

with any implementing requirements FTA may issue.

C. Disabilities. In accordance with section 102 of the ADA, as amended,

42 U.S.C. §12112, Provider agrees that it will comply with the

requirements of U.S. Equal Employment Opportunity Commission,

“Regulations to Implement the Equal Employment Provisions of the

Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to

employment of persons with disabilities. In addition, Provider agrees

to comply with any implementing requirements FTA may issue.

30.14.3. Provider also agrees to include Paragraphs 29.14.1 and 29.14.2 in each

subcontract financed in whole or in part with Federal assistance provided by

FTA, modified only if necessary to identify the affected parties.

30.15 Transit Employee Protective Agreements (49 U.S.C. §§5310, 5311, and 5333, 29 CFR

Part 215). Provider agrees to comply with applicable transit employee protective

requirements. Provider also agrees to include any applicable requirements in each

subcontract involving transit operations financed in whole or in part with Federal

assistance provided by FTA.

30.15.1. General Transit Employee Protective Requirements. To the extent that FTA

determines that transit operations are involved, Provider agrees to carry out the

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paratransit service operations work on this Agreement in compliance with

terms and conditions determined by the U.S. Secretary of Labor to be fair and

equitable to protect the interests of employees employed under an agreement

and to meet the employee protective requirements of 49 U.S.C. §5333(b), and

US DOL guidelines at 29 CFR Part 215, and any amendments thereto. Theses

terms and conditions are identified in the letter of certification from the U.S.

DOL to FTA applicable to the FTA Recipient’s project from which Federal

assistance is provided to support work on an agreement. Provider agrees to

carry out that work in compliance with the conditions stated in that U.S. DOL

letter. However, the requirements of this Paragraph 29.15.1 do not apply to

any contract financed with Federal assistance provided by FTA either for

projects for elderly individuals and individual with disabilities authorized by

49 U.S.C. §5310(a)(2), or for projects for non-urbanized areas authorized by

49 U.S.C. §5311. Alternate provisions for those projects are set forth in

Paragraphs 29.15.2 and 29.15.3.

30.15.2. Transit Employee Protective Requirements for Projects Authorized by 49

U.S.C. §5310(a)(2) for Elderly Individuals and Individuals with Disabilities.

Since this Agreement may involve transit operations financed in whole or in

part with Federal assistance authorized by 49 U.S.C. §5310(a)(2), and if the

U.S. Secretary of Transportation has determined or determines in the future

that the employee protective requirements of 49 U.S.C. §5333(b) are necessary

or appropriate for the state and the public body subrecipient for which work is

performed on this Agreement, Provider agrees to carry out the performance of

this Agreement in compliance with the terms and conditions determined by the

U.S. Secretary of Labor to meet the requirements of 49 U.S.C. §5333(b), US

DOL guideline at 29 CFR Part 215, and any amendments thereto. These terms

and conditions are identified in the US DOL’s letter of certification to FTA,

the date of which is set forth Grant Agreement of Cooperative Agreement with

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the state. PROVIDER agrees to perform transit operations in connection with

the underlying contract in compliance with the conditions stated in that US

DOL letter.

30.15.3. Transit Employee Protective Requirements for Projects Authorized by 49

U.S.C. §5311 in Non-Urbanized Areas. Since this Agreement involves transit

operations financed in whole or in part with Federal assistance authorized by

49 U.S.C. §5311, Provider agrees to comply with the terms and conditions of

the Special Warranty for the Non-urbanized Area Program agreed to by the

U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the

procedures implemented by US DOL or any revision thereto.

30.16. Incorporation of FTA Terms (FTA Circular 4220.1F). The preceding provisions

include, in part, certain Standard Terms and Conditions required by DOT, whether or

not expressly set forth in the provisions of this Agreement. All contractual provisions

required by DOT, as set forth in FTA Circular 4220.1F, dated March 13, 2013, are

hereby incorporated by reference. Anything to the contrary herein notwithstanding, all

FTA-mandated terms shall be deemed to control in the event of a conflict with other

provisions contained in this Agreement. Provider shall not perform any act, fail to

perform any act, or refuse to comply with any ICTC requests that would cause ICTC to

be in violation of the FTA terms and conditions.

30.17. Access to Records and Reports (49 U.S.C. 5325, 49 CFR 18.36 (i), 49 CFR 633.17).

30.17.1. Provider agrees to provide ICTC, the FTA Administrator and the Comptroller

General of the United States or any of their authorized representatives access

to any books, documents, papers and records of Provider which are directly

pertinent to this Agreement for the purposes of making audits, examinations,

excerpts and transcriptions. Provider also agrees, pursuant to 49 CFR 633.17

to provide the FTA Administrator or his/her authorized representatives

including any PMO Provider access to Provider’s records and construction

sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a) 1,

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which is receiving federal financial assistance through the programs described

at 49 U.S.C. 5307, 5309 or 5311.

30.17.2. Provider agrees to permit any of the foregoing parties to reproduce by any

means whatsoever or to copy excerpts and transcriptions as reasonably needed.

30.17.3. Provider agrees to maintain all books, records, accounts and reports required

under this Agreement for a period of not less than three (3) years after the date

of termination or expiration of this Agreement, except in the event of litigation

or settlement of claims arising from the performance of this Agreement, in

which case Provider agrees to maintain same until ICTC, the FTA

Administrator, the Comptroller General, or any of their duly authorized

representatives, have disposed of all such litigation, appeals, claims or

exceptions related thereto. Reference 49 CFR 18.39(i)(11).

31. INDEMNIFICATION

To the furthest extent allowed by law, Provider shall indemnify, hold harmless and defend

ICTC and each of its board members, officers, employees and agents from any and all loss,

liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict

liability, including but not limited to personal injury, death at any time and property damage)

incurred by ICTC, Provider or any other person, and from any and all claims, demands and

actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to

have arisen directly or indirectly out of performance of this Agreement. Provider’s obligations

under the preceding sentence shall apply regardless of whether ICTC and each of its board

members, officers, employees and agents are actively or passively negligent, but shall not apply

to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the active

negligence, or caused by the willful misconduct, of ICTC or its board members, officers,

employees and agents.

If Provider should subcontract all or any portion of the work to be performed under this

Agreement, Provider shall require each subcontractor to indemnify, hold harmless and defend

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ICTC and each of its board members, officers, employees and agents in accordance with the

terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

32. INDEPENDENT CONTRACTOR

In all situations and circumstances arising out of the terms and conditions of this Agreement,

Provider is an independent contractor, and as an independent contractor, the following shall

apply:

32.1. Provider is not an employee or agent of ICTC and is only responsible for the

requirements and results specified by this Agreement or any other Agreement.

32.2. Provider shall be responsible to ICTC only for the requirements and results specified by

this Agreement and except as specifically provided in this Agreement, shall not be

subject to ICTC’s control with respect to the physical actions or activities of Provider in

fulfillment of the requirements of this Agreement.

32.3. Provider is not, and shall not be, entitled to receive from, or through, ICTC, and ICTC

shall not provide, or be obligated to provide, Provider with Worker’s Compensation

coverage or any other type of employment or worker insurance or benefit coverage

required or provided by any Federal, State or local law or regulation for, or normally

afforded to, an employee of ICTC.

32.4. Provider shall not be entitled to have ICTC withhold or pay, and ICTC shall not

withhold or pay, on behalf of Provider, any tax or money relating to the Social Security

Old Age Pension Program, Social Security Disability Program, or any other type of

pension, annuity, or disability program required or provided by any Federal, State or

local law or regulation.

32.5. Provider shall not be entitled to participate in, or receive any benefit from, or make any

claim against any ICTC fringe program, including, but not limited to, ICTC’s pension

plan, medical and health care plan, dental plan, life insurance plan, or any other type of

benefit program, plan, or coverage designated for, provided to, or offered to ICTC’s

employee.

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32.6. ICTC shall not withhold or pay, on behalf of Provider, any Federal, State, or local tax,

including, but not limited to, any personal income tax, owed by Provider.

32.7. Provider is, and at all times during the term of this Agreement, shall represent and

conduct itself as an independent contractor, not as an employee of ICTC.

32.8. Provider shall not have the authority, express or implied, to act on behalf of, bind or

obligate the ICTC in any way without the written consent of ICTC.

33. ASSIGNMENT

Neither this Agreement nor any duties or obligations hereunder shall be assignable by Provider

without the prior written consent of ICTC.

34. BREACHES AND CONTRACTUAL DISPUTE RESOLUTION

34.1. Disputes arising in the performance of this Agreement which are not resolved by

agreement of the parties shall be decided in writing by the ICTC Board. Each party

shall have the right to submit any unresolved dispute to mediation. If the parties cannot

agree on a mediator, then each party shall select its own mediator and those mediators

will jointly select a third mediator to mediate the dispute. If mediation is not successful,

the parties may pursue their remedies as they choose.

34.2. Unless otherwise directed by ICTC, Provider shall continue performance under this

Agreement while matters in dispute are being resolved.

34.3. The duties and obligations imposed by this Agreement and the rights and remedies

available hereunder shall be in addition to and not a limitation of any duties,

obligations, rights and remedies otherwise imposed or available by law. No action or

failure to act by either party shall constitute a waiver of any right or duty afforded any

of them under this Agreement, nor shall any such action or failure to act constitute an

approval of or acquiescence in any breach hereunder, except as may be specifically

agreed in writing.

35. NOTICES AND REPORTS

All notices and reports under this Agreement shall be in writing and may be given by personal

delivery or by mailing by certified mail, addressed as follows:

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ICTC PROVIDER Imperial County Transportation Commission Attention: Mark Baza, Executive Director 1405 N. Imperial Ave. El Centro, CA 92243

Notices and reports under this Agreement may be given by personal delivery or by mailing by

certified mail at such other address as either party may designate in a notice to the other party given in

such manner. Any notice given by mail shall be considered given when deposited in the United States

Mail, postage prepaid, addressed as provided herein.

36. ENTIRE AGREEMENT

This Agreement contains the entire Agreement between ICTC and Provider relating to the

transactions contemplated hereby and supersedes all prior or contemporaneous agreements,

understandings, provisions, negotiations, representations, or statements, either written or oral.

37. MODIFICATION

No modification, waiver, amendment, discharge, or change of this Agreement shall be valid

unless the same is in writing and signed by the party against whom the enforcement of such

modification, waiver, amendment, discharge, or change is or may be sought.

38. CAPTIONS

Captions in this Agreement are inserted for convenience of reference only and do not define,

describe or limit the scope or the intent of this Agreement or any of the terms thereof.

39. PARTIAL INVALIDITY

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,

void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being

impaired or invalidated in any way.

40. GENDER AND INTERPRETATION OF TERMS AND PROVISIONS

As used in this Agreement and whenever required by the context thereof, each number, both

singular and plural, shall include all numbers, and each gender shall include a gender. Provider as used

in this Agreement or in any other document referred to in or made a part of this Agreement shall

likewise include both singular and the plural, a corporation, a partnership, individual, firm or person

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acting in any fiduciary capacity as executor, administrator, trustee or in any other representative

capacity or any other entity. All covenants herein contained on the part of Provider shall be joint and

several if more than one person, firm or entity executes the Agreement.

41. WAIVER

No waiver of any breach or of any of the covenants or conditions of this Agreement shall be

construed to be a waiver of any other breach or to be a consent to any further or succeeding breach of

the same or any other covenant or condition.

42. CHOICE OF LAW

The laws of the State of California shall govern this Agreement. This Agreement is made and

entered into in Imperial County, California. Any action brought by either party with respect to this

agreement shall be brought in a court of competent jurisdiction within said ICTC.

43. ATTORNEYS’ FEES AND COSTS

If either party herein brings an action to enforce the terms thereof or declare rights hereunder,

the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorneys’

fees as fixed by the court and his actual costs to be paid by the losing party.

44. FORCE MAJEURE

If any party fails to perform its obligation because of strikes, lockouts, labor disputes,

embargoes, acts of God, inability to obtain labor or materials, fuel shortages, government restrictions,

governmental regulations, governmental controls, judicial orders, enemy or hostile governmental

action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the

party obligated to perform, then that party’s performance shall be excused. However, PROVIDER

shall not receive payment for vehicle service hours that are not provided.

45. AUTHORITY

Each individual executing this Agreement on behalf of Provider represents and warrants that:

45.1. He/She is duly authorized to execute and deliver this Agreement on behalf of Provider;

45.2. Such execution and delivery is in accordance with the terms of the Articles of

Incorporation or Partnership, any by-laws or Resolutions of Provider and;

45.3. This Agreement is binding upon Provider in accordance with its terms.

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Provider shall deliver to ICTC evidence acceptable to ICTC of the foregoing within thirty days

of execution of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first

above written.

IMPERIAL COUNTY PROVIDER: TRANSORTATION COMMISSION: ________________ By:__________________________________ By:__________________________________ Chairman ATTEST: CRISTI LERMA, Secretary to ICTC APPROVED AS TO FORM: MICHAEL L. ROOD County Counsel By: GEOFFREY P. HOLBROOK Senior Deputy County Counsel

Documents

IVT MedTransIVT MedTrans Paratransit Services Request For Proposal FY 2015-16 Requested by: Mark Baza, Executive Director Imperial County Transportation Commission 1405 N. Imperial