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IVT MedTrans Paratransit Services Request For Proposal FY 2019 Requested by: Mark Baza, Executive Director Imperial County Transportation Commission 1503 N. Imperial Ave. Suite 104 El Centro, Ca. 92243 PHONE: 760-592-4494 FAX: 760-592-4410 [email protected]

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Page 1: IVT MedTrans - imperialctc.org · IVT MedTrans Paratransit Services Request for Proposal T:\projects\IVT MedTrans\2019 RFP \ MedTrans rfp2019 2 In addition, because there is a fixed-route

IVT MedTrans

Paratransit Services Request For Proposal

FY 2019

Requested by: Mark Baza, Executive Director Imperial County Transportation Commission 1503 N. Imperial Ave. Suite 104 El Centro, Ca. 92243 PHONE: 760-592-4494 FAX: 760-592-4410 [email protected]

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IMPERIAL COUNTY TRANSPORTATION COMMISSION (ICTC) March 2019 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 IVT MedTrans contract will terminate this year. The service is for a specific passenger ridership including disabled and transit dependent persons and is currently operated by a local for profit transit provider under contract with ICTC. 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 will provide four (4) cutaway style buses and an MV1 administrative vehicle for this service. 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 including seniors age 60 and over, and individuals with disabilities.

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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 March 20th 2019 Non Mandatory Pre-Submittal Conference April 17th 2019 Proposal Due May 10th 2019 Provider Ranking and Staff Recommendation Week of May 13th 2019 (non-public opening) Oral Interviews (if necessary) May 24th 2019 Best and Final Offer (if necessary) June 2019 ICTC Commission Action/Award of Contract July 24th 2019 Vehicle Turnover Inspection Week of August 5th 2019 Service Target Start Date September 1, 2019 VI. PROJECT DESCRIPTION AND SUMMARY ICTC is 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 IVT MedTrans service has been in operation in its current configuration since 2016. Additional information can be found at www.ivtmedtrans.com.

A. The service model will consists of alternating four (4) service days a week, based on

demand and optimum utilization of resources:

1. Two cutaway (2) buses alternating four days a week: Monday through Thursday and then Tuesday through Friday.

2. The two (2) cutaway buses will leave at staggered hours; departing the Imperial Valley at approximately 7:00 AM and returning at approximately 5:00PM, and,

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departing the Imperial Valley at approximately 10:00 AM and returning at approximately 8:00PM. Should there be no passenger reservation for service on a given day, the buses may return to the Imperial Valley earlier in the day than this listed schedule.

3. The cutaway buses will originate in the south in Calexico (as necessary) and meet a cutaway bus (at the Imperial Valley Mall parking lot in El Centro), whereby the buses will depart to and return from San Diego. A bus will also 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 at designated public transit facilities.

4. By prior arrangement there may be limited cases where the IVT MedTrans bus may offer transportation to a passenger’s place of residence for an additional charge.

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.

Quarterly management team meetings with ICTC staff will be conducted 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 for administrative and maintenance purposes 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, 2019, with two (2) one-year extension options. An itemized price sheet is required from the Provider for the full five year period. It is ICTC’s practice to have it’s transit contractor to retain the farebox collection, as well as, the ticket, pass or coupon sales. The cash management process requires that the provider have a secure, double custody counting system with daily banking deposits. A detailed accounting is provided with the provider’s monthly invoice in arrears for the remaining requested subsidy or payment amount. ICTC staff will monitor this process periodically and an independent accountant will verify the cash management process as a part of annual fiscal audit

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Effective in January 2019, a fare price increase was approved by the Commission in October 2018. The fare will be: Category A: $18.50 (25% increase) Category B: $37.50 (25% increase) PCA: $8.50 (25% increase) Effective January 2020, a fare price increase was approved by the Commission in October 2018. The fare price will be: Category A: $22.50 (25% increase) Category B: $45.00 (25% increase) PCA: $10.50 (25% increase) Due to the unique nature of this service there is no community service hour requirement or “bank” maintained per month for this contract. In the event of a major local emergency, the 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. 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. Insurances types and limits required for this contract are located in the standard contractual agreement attached in Appendix J. Each transit service contract with ICTC requires its own insurance certificate with the name of the transit service by name. During the term of this contract, ICTC has plans to develop/construct a transit operations and maintenance facility. In the meantime, the Provider will be required to provide a facility for all aspects of bus operations and administration, including in house maintenance during the term of this contract. The incumbent operator is located at a leased facility at 792 E. Ross Rd, El Centro Ca. 92243. The private land owner has indicated that they will continue to lease the facility for the use of public transit services. ICTC is not the current lease holder and will not enter into a property lease for this purpose. Providers are not required to use this facility. Providers are encouraged to contract the property owner directly should there be interest in the use of this facility. The property owner POC of contact is:

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Ed or Mary Mealey 702 Industry Way # A, El Centro, CA 92243 (760) 352-2002 Reservation, dispatch and communications software/hardware is currently in use for the service. The service is Trapeze/Novus and is not owned by ICTC. In addition, radios are used. ICTC does not own radios or provide this dispatch and communications software/hardware at this time. 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. ICTC has several RFPs out at this time for public transit services including: IVT, fixed route bus service IVT ACCESS, ADA paratransit service IVT MedTrans, non emergency transportation to San Diego area medical facilities IVT RIDE, intracity dial-A-ride in Brawley, Calexico, El Centro, Imperial and the West Shores communities. ICTC is interested in retaining the existing consolidated nature and operational efficiency currently in place for these four services, under one Provider. There are economies of scale and cost savings attributed to the consolidation of operational, dispatch, maintenance and administrative facilities. Therefore, Providers interested in all four of the service contracts are required to submit separated subtotal price sheets for each of the four transit services, and, a grand total pricing sheet. All responses will be considered, however, ICTC cannot guarantee to accept any Provider’s proposals, recommendations and cost estimates. In the event that the successful Provider is not the current operator of the service, an audit turnover inspection will be conducted to insure the vehicles are brought to vehicle industry standards, match contractual requirements, as well as, meet industry standard State of Good Repair. In addition, the successful Provider will be required to offer employment to the qualified 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.

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In addition, the successful Provider is highly encouraged to offer employment to management or supervisory level employees that would maintain the level of service, institutional knowledge of the customer service base and the locations served. All 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 operator 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 Grants, Transportation Development Act (TDA) and Local Transportation Authority (LTA) funds. 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,

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ICTC is not required to accept any suggestions or recommendations for any changes to service.

B. DATE/TIME PROPOSAL DUE

Proposals are due on May 10th, 2019 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 1503 N. Imperial Ave. Suite 104 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

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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 price 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 explanations and references to the location or page number in the RFP. I. FUTURE CONTRACTUAL SERVICE ADJUSTMENTS 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

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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 pages can be doublesided. The 100 page maximum requirement does not include section dividers, required forms, Letter of Transmittal, written policies and procedures 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;

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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.

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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).

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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.

i. 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

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utilization in accordance with requirements outlined in the Scope of Work.

iii. Vehicles

ICTC will provide cutaway style paratransit vehicles 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 • EEO Plan • Vehicle Maintenance Procedures • Security and Safety Plan • Emergency Response

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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 1.0% for the project. Biannual reporting is required with Good Faith Effort (GFE) documentation. 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

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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 required 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

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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 10% 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 90% of the costs for service annually. Each invoice must be accompanied by the required reports.

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5. Marketing Plan After the award of the contract, the Provider shall work with ICTC and marketing consultant staff to develop a basic marketing plan annually, that is the equivalent to a 5% percentage of the total price proposal. This 5% is in addition to the subsidy for the transit services and is subject to annual budget approval. The marketing plan may include: the design and publishing of a printed schedule/in IVT 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

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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

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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.

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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 11:30AM on April 17, 2019 at the ICTC conference room at 1503 N. Imperial Ave. Suite 104, El Centro CA, 92243. Attendance is encouraged but not mandatory. An option to attend via teleconference is also available. Participants of the teleconference do so at their own risk. ICTC will not be responsible for loss of connections or inability to hear and participate in the conversation due to other technical issues.

Call in Number : 1-800-920-7487 Participant Code: 5514367#

Questions must be received in writing via mail, facsimile, E-mail or hand delivery no later than 3 P.M. on April 15th, 2019 addressed to:

Kathi Williams, Procurement Coordinator

Imperial County Transportation Commission 1503 N. Imperial Ave. Suite 104 El Centro, CA 92243

760-592-4494 e-mail: [email protected]

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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 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 IVT 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).

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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. 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

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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. The Evaluation Committee will review all proposals 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. 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 business development or other corporate staff exclusively for the oral interview process. 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

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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, Procurement Coordinator Imperial County Transportation Commission 1503 N. Imperial Ave. Suite 104 El Centro, CA 92243

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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

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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 A-1 IVT MedTrans Performance Standards A-2 IVT MedTrans Vehicle Fleet A-3 Table of Liquidated Damages

B. Sample Proposal Evaluation Form C. Proposal Pricing Sheet D. Three Years of Operational Statistics E. Monthly/Annual Report Format F. Required Forms G. Incumbent Staff Salary and Benefits H. IVT MedTrans Service Brochure I. Vehicle Turnover Inspection J. Draft Contractual Agreement

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Appendix A IVT MedTrans Scope of Work

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IVT MedTrans Paratransit Services Scope of Work FY 2019-20 through FY 2023-24 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 of 10% 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, communication, dispatch and

operation of paratransit service, as well as, drivers, admin vehicles, in house maintenance, maintenance parts, tools, supplies and 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 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, the Federal Transit Administration

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(FTA) the State Department of Transportation (Caltrans) and the County of Imperial’s Auditor-Controller. Provider will be subject to annual audits.

2.3 Prior to adjustments to a contract, ICTC shall take the necessary steps to ensure justification

for changes are valid. Negotiations between ICTC and Provider shall commence when said changes are justified

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 Annex A-3 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.

2.7 Should ICTC determine to implement a different concept or design for operating the

transit system, ICTC shall confer with Provider as to the most appropriate level and description of services and may adopt an appropriately altered Scope of Work document, replacing the one in use at the time. In the event that there is a redesign of the transit system such that there is a cumulative increase or decrease in service hours of 10% or greater, any resulting savings and or increase in costs may be renegotiated.

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.

3.3 Provider will not provide the 10 hour community service hour requirement per month due

to the unique nature of this service.

3.4 Provider will administer training and the related drug and alcohol testing and safety programs.

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3.5 Provider will provide all equipment, parts and supplies for the safe and continuous operation of the transit system.

3.6 Provider shall develop operator work schedules to assure that reliable service is

provided using the type of vehicle provided by ICTC for a specific route. The Provider is responsible for having sufficient operators, maintenance, supervisory, and other personnel available to assure the service is provided as scheduled, including back-up vehicle operators.

3.7 A supervisory level employee is required to be on duty at all times when buses are

in service. The supervisor will be required to monitor and respond radio communications and communicate with operators, supervisors, and maintenance personnel concerning operations, service, safety and customer service issues.

3.8 Provider shall conduct on street supervision through the use of road

superv isors and management s ta f f to assure routine monitoring of the fixed-route service.

3.9 Unless expressly authorized in writing by ICTC, the Provider shall not use any bus or

other equipment, which is part of the ICTC's transit system other than in connection with the services to be provided under the Contract. The Provider shall not use any such bus or other equipment for any private charters or any purpose other than as may be specifically permitted by ICTC.

4.0 SERVICE IMPLEMENTATION

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

Passengers may walk, use private transportation, other transit and paratransit services to reach the pickup locations. Communication between the Provider and passengers, and, 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. The service model will consists of alternating four (4) service days a week, based on demand and optimum utilization of resources:

4.1.1 Two cutaway (2) buses alternating four days a week: Monday through

Thursday and then Tuesday through Friday. 4.1.2 The two (2) cutaway buses will leave at staggered hours; departing the

Imperial Valley at approximately 7:00 AM and returning at approximately 5:00PM, and, departing the Imperial Valley at approximately 10:00 AM and returning at approximately 8:00PM. Should there be no passenger

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reservation for service on a given day, the buses may return to the Imperial Valley earlier in the day than this listed schedule.

4.1.3 A cutaway bus will originate in the south in Calexico and meet other passengers at the Imperial Valley Mall parking lot in El Centro, whereby the bus will depart to and return from San Diego. Another bus will also 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 at designated public transit facilities.

4.1.4 By prior arrangement and approved on a case by case basis by ICTC, there may be limited cases where the IVT MedTrans bus may offer transportation to a passenger’s place of residence for an additional charge equivalent to the fare for IVT Ride or IVT Access.

4.2 ESTIMATED SERVICE ALLOCATION TABLE

FY 2019-20

ESTIMATED SERVICE HOUR ALLOCATION TABLE Monday through Friday span 6:00 AM to 9:00PM = approximate 17 service hours/day/two buses Total Annual Weekdays 208 weekdays Estimated Annual Hours 3,550

(Service hours are anticipated to increase by 1% per year)

SERVICE MILES Estimated Annual Mileage = 115,000 miles

FY 2020-21

ESTIMATED SERVICE HOUR ALLOCATION TABLE Monday through Friday span 6:00 AM to 9:00PM = approximate 17 service hours/day/two buses Total Annual Weekdays 208 weekdays Estimated Annual Hours 3,585

(Service hours are anticipated to increase by 1% per year)

SERVICE MILES Estimated Annual Mileage = 115,000 miles

FY 2021-22

ESTIMATED SERVICE HOUR ALLOCATION TABLE Monday through Friday span 6:00 AM to 9:00PM = approximate 17 service hours/day/two buses Total Annual Weekdays 208 weekdays Estimated Annual Hours 3,625

(Service hours are anticipated to increase by 1% per year)

SERVICE MILES Estimated Annual Mileage = 115,000 miles

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FY 2022-23

ESTIMATED SERVICE HOUR ALLOCATION TABLE Monday through Friday span 6:00 AM to 9:00PM = approximate 17 service hours/day/two buses Total Annual Weekdays 208 weekdays Estimated Annual Hours 3,657

(Service hours are anticipated to increase by 1% per year)

SERVICE MILES Estimated Annual Mileage = 115,000 miles

FY 2023-24

ESTIMATED SERVICE HOUR ALLOCATION TABLE Monday through Friday span 6:00 AM to 9:00PM = approximate 17 service hours/day/two buses Total Annual Weekdays 208 weekdays Estimated Annual Hours 3,694

(Service hours are anticipated to increase by 1% per year)

SERVICE MILES Estimated Annual Mileage = 115,000 miles 4.3 PASSENGER CONTACT DUE TO INCLEMENT WEATHER AND/OR ROAD

CLOSURES

4.3.1 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 is 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.

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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.

5.1.1 A variable monthly rate shall compensate Provider for all cost elements

assigned to Provider that can fluctuate. 5.1.2 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 10%. 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 90% of the costs for service annually.

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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:

Passengers Per Day, Passengers Per Hour, Cost Per Passenger, Subsidy Per Passenger, Passenger Per Mile, Cost Per Hour, Cost per Mile, Fulltime Equivalent Employee per Vehicle Service Hour and Farebox

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

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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.

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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 or his designee.

9.4 Rollover of Phone

Upon termination of the agreement, such phone numbers remain within the jurisdiction of ICTC. (The incumbent service Provider has established telephone lines and numbers; any new Provider would be responsible for transferring those lines and number to their service.)

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.

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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 General Manager/ Operations Manager

ICTC shall participate in the selection or approval of the person serving as the General Manager/Operations Manager. In the event that the General Manager/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

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(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, ADOBE ACROBAT, OUTLOOK 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 Windows and Microsoft products.

12.2 Monthly Reports

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

12.3 Annual Reports

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

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).

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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.

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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 ensure 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. Provider must complete a third party fluid analysis at PMI intervals for all ICTC owned vehicles and the report shall be provided to ICTC.

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

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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.

13.18 Upon termination of this Contract, the Provider shall return all ICTC owned vehicles

and equipment to ICTC ready for use, with no deferred maintenance or damage. The following procedure shall be used to determine the condition of ICTC’s vehicles and equipment prior to any change in Providers or, at ICTC's option, prior to the beginning of any new contract with an existing Provider:

13.18.1 Authorized representatives of the current Provider, the successful

bidder, and ICTC shall meet at least thirty (30) days prior to the expiration of the contract. At this time, the parties shall examine every bus and all equipment to determine its current condition. The Provider shall make available such personnel as necessary to move buses and operate hoists. The Provider shall also make available to ICTC all

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preventative maintenance inspection records, daily driver inspections, oil analysis test results, and other records as appropriate. Provider shall fully cooperate with this audit;

13.18.2 After the audit, the Provider and ICTC shall meet to determine a plan and timeline for resolution of defects found during the audit. The Provider shall furnish ICTC with a timeline and a specific plan for resolution of deferred maintenance prior to the expiration of the Contract.

13.18.3 A second audit shall be conducted within five (5) days of Contract

expiration to reexamine every bus and to review work performed since the initial inspection. Records shall be kept and made available to ICTC documenting items that have been repaired since the initial inspection.

13.18.4 In the event that the Provider returns ICTC vehicles and equipment to

ICTC with deferred maintenance or damage, ICTC shall determine the cost to correct such deficiencies and shall withhold said amount from the Provider's final payment. ICTC may, at is discretion, use withheld funds to correct and resolve deferred maintenance and damage as necessary to bring the vehicles or equipment into compliance with acceptable standards for transfer to the new Provider.

13.19 Provider will not allow any reported wear item to go un-repaired. The emphasis must be

on preventing breakdowns. In addition, Provider agrees that they will not: Install mismatched tires, install retread tires on a front axle, allow tires to wear more than 3/32 tread depth, perform partial brake relines without determining the cause of abnormal or premature wear, replace a dead battery without testing charging system to ensure the battery will not go dead due to system malfunction, fail to ensure on a daily basis that each vehicle is in proper condition to pass all scheduled and unscheduled inspections.

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.

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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 must be ADA accessible and should be able to accommodate the walk-in passenger, receive fare payments, and 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 4 (four) cutaway style vehicles and one MV1 for revenue service.

Provider must examine the service schedule to provide maximum utilization of vehicles and related equipment.

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

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shall not place a driver into service without completing training program. Failure to comply with this section may result in termination of the agreement.

16.5 Management and Supervision - The overall management and daily supervision of transportation services provided by Provider shall be the responsibility of Provider. Provider shall meet the following minimum requirements:

16.5.1 Designate and provide the services of a General Manager who shall provide overall management and supervision of the services to be provided under the terms of this Agreement. The General Manager shall have the appropriate education, five (5) or more years-experience in public transportation operations or equivalent managerial experience deemed acceptable by ICTC, and supervisory skills and experience necessary to effectively manage all of the transportation services to be provided under this Agreement.

16.5.2 ICTC shall participate in the selection and approval of the person serving as General Manager/Operations Manager and in determining whether or not the General Manager possesses the necessary education, qualifications and experience. In the event that this position must be replaced, ICTC will participate in the selection of the replacement. The General Manager shall work cooperatively with ICTC in matters relating to service quality, providing operational and other data, responding to comments from passengers and the general public, and responding to specific requests for other assistance as the need arises.

16.5.3 The office of the General Manager shall be physically located at

the facility where the Provider will operate transportation services and maintain vehicles.

16.5.4 At all times, the General Manager or an Operations Supervisor designated to act for the General Manager shall be available by telephone, email or in person to make decisions regarding day-to-day operations and shall be authorized to act on behalf of Provider regarding all matters pertaining to the transportation services provided under this Contract.

16.6 Management Assistance - Designate and provide the services of an Operations Supervisor who shall provide management a s s i s t ance and supervision of the services to be provided under the terms of this Agreement. The Operations Supervisor shall have the appropriate education, three (3) or more years-experience in public transportation operations or equivalent managerial experience deemed acceptable by ICTC, and supervisory skills and experience necessary to effectively manage all of the transportation services to be provided under this Agreement

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16.7 Maintenance Management - Designate and provide the services of a qualified Maintenance Manager who shall be physically assigned responsibility for the maintenance of ICTC vehicles and equipment, including preventative maintenance scheduling, repair supervision, technical training, and other activities as may be necessary to ensure the performance of the Provider's maintenance duties and responsibilities. The Maintenance Manager shall have the appropriate education, experience in maintaining public transportation vehicles similar to vehicles provided by the ICTC, experience in managing the maintenance function of a diesel bus shop similar in size and complexity to the services herein described and supervising the work of other maintenance personnel.

16.7.1 The office of the Maintenance Manager shall be physically located at the facility where the Provider will operate transportation services and maintain vehicles.

16.7.2 At all times, the Maintenance Manager or a Senior Level Mechanic

designated to act for the Maintenance Manager shall be available by telephone, email or in person to make decisions regarding day-to-day maintenance activities and shall be authorized to act on behalf of Provider regarding all matters pertaining to the maintenance services provided under this Contract.

16.8 Designate and Provide Support Staff - Provider must provide road supervisors, dispatchers, and other support staff who have two to three (2-3) years of operating and/or transit experience. All support staff are required to be fully trained and familiar with all contractual and operational requirements relating the provision of services under this Agreement. Provider must provide support staff responsible for tasks including but not limited to:

16.8.1 Timely and efficient provision of real-time service, vehicle operator

conduct and proper documentation of all service related activity, providing special attention to timely departures from base and minimizing deadhead, basic troubleshooting and detour creation

16.8.2 Providing continuous monitoring of radio communication, answer and

respond to telephone calls, responding to customer comments and questions daily.

16.8.3 Scheduling and assigning drivers and vehicles in accordance with

the service hour schedules and scheduled trips for each day.

16.9 Designate and Provide Maintenance and Maintenance Support Staff - Provider must provide mechanics, bus washers/vehicle cleaners, and other maintenance personnel necessary to maintain vehicles and respond to road calls. Provide must maintain the ICTC required mechanic to vehicle ratio of 1:8 unless prior approval is received from ICTC.

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16.9.1 Training Requirements for Maintenance Personnel - The Provider agrees that only properly trained mechanics will be used by the Provider to maintain and service the vehicles. The Provider shall provide technical training for all maintenance personnel necessary to ensure a consistent level of current knowledge in the maintenance and repair of ICTC vehicles, including air conditioning systems, wheelchair lifts and other ancillary Equipment.

16.9.2 Minimum Requirements for Maintenance Personnel - All

maintenance personnel assigned to work on ICTC owned vehicles shall have:

16.9.2.1 A thorough knowledge of Diesel and gaso l ine engines,

automatic transmissions, electronic engine and transmission diagnostic equipment and systems, air brake systems, air conditioning systems, electrical systems, vehicle chassis and bodies, and related bus mechanical systems and equipment;

16.9.2.2 Knowledge of the general methods and procedures used

in servicing and repairing mechanical equipment, including the use of tools, precision instruments, and equipment used in the general repair and maintenance of vehicles and equipment provided by the ICTC;

16.9.2.3 Knowledge of specialized bus systems and equipment

including wheelchair lifts and wheelchair tie-down systems, bus camera systems;

16.9.2.4 The skills and experience necessary to conduct preventative

maintenance inspections and complete associated pape1work; and,

16.9.2.5 The ability, skill, and experience to inspect, diagnose

problems, and repair ICTC vehicles and equipment, including the general and specialized bus components and systems.

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,

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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.

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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 f

or 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

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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. 21.4.10 All 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.

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

21.4.12 Drivers 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.

21.4.13 Drivers 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.

21.4.14 No vehicle shall be operated when its condition is unsafe or uncertain. 21.4.15 No 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.

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Appendix A - 1 IVT MedTrans Performance Standards

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IVT MedTrans ContractPerformance Standards DRAFT

FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 performance Option Option

El Centro for baseline Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL

total variable costs -$ -$ -$ -$ -$ -$ total fixed costs -$ -$ -$ -$ -$ -$ total cost -$ -$ -$ -$ -$ -$ -$ less 10% fares -$ -$ -$ -$ -$ -$ -$ total subsidy -$ -$ -$ -$ -$ -$ -$

revenue hours estimate 3,555 3,555 3,591 3,626 3,663 3,699 18,134 passenger estimate 5,460 5,460 5,515 5,570 5,625 5,682 27,851 service days 208 208 208 208 208 208 1,040 mileage estimate 112,640 112,640 113,766 114,904 116,053 117,214 574,577

pass/hour 1.5 1.5 1.5 1.5 1.5 1.5pass/day 26.3 26.3 26.5 26.8 27.0 27.3pass/mile 0.0 0.0 0.0 0.0 0.0 0.0cost/pass -$ -$ -$ -$ -$ -$ sub/pass -$ -$ -$ -$ -$ -$ cost/mile -$ -$ -$ -$ -$ -$ cost/hour -$ -$ -$ -$ -$ -$ farebox ratio #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!

fte

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

Note 1: The current service is operated by a for profit provider with 3 revenue service hour vehicles owned by ICTC

Note 3: The fare box ratio was changed to 10% in FY 2019-20

Note 4: Cost data to be added upon award of contact

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Appendix A - 2 IVT MedTrans Vehicle Fleet List

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IVT MedTrans Fleet (2019)

Veh # Description

Eng Year V.I.N.

License Plate Info

Seats + Driver

Seating Material

WC #

WC Entry Fuel

Standee Capacity

Seatbelts

Bus Width Ft

Bus Length Ft

Bike Rack

Security Cameras

1400 2016 Ford E-450 STARCRAFT 2016 1FDFE4FS3GDC45448 1396364 15 Leather 2 Lift Gas 0 Yes 8 23 None Yes1401 2016 Ford E-450 STARCRAFT 2016 1FDFE4FS5GDC45449 1396295 15 Leather 2 Lift Gas 0 Yes 8 23 None Yes1402 2016 Ford E-450 STARCRAFT 2016 1FDFE4FS0GDC45455 1396298 15 Leather 2 Lift Gas 0 Yes 8 23 None Yes1403 2016 Ford E-450 STARCRAFT 2016 1FDEE3FL4GDC26065 1474443 11 Leather 1 Lift Gas 0 Yes 8 23 None Yes

S4 MedTrans MV1 201657WMD2A62EM101962 1474523 5 Leather 2 Ramp Gas 0 Yes 6.6 17.1 0 No

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Appendix A - 3 IVT MedTrans Table of Liquidated Damages

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Appendix A-3Table of Liquidated Damages - IVT MedTrans - Demand Response

Performance Measure Standard Liquidated Damages Monitor

1 Operating Ahead of Schedule

No unauthorized departure by a bus from its scheduled departure time. $100 per incident

ICTC observations/ verified passenger complaints

2 Operating Late per Schedule

No unauthorized departure by a bus more than twenty (20) minutes from its scheduled departure time. $100 per incident

ICTC observations/ verified passenger complaints

It is the goal of ICTC to foster and maintain a cooperative relationship with the Provider. Through the award of the contract, ICTC and Provider agree to this system of liquidated damages as necessary, to insure that the performance required in the contract is delivered.

In the event liquidated damages are imposed by ICTC, then the Provider may have the opportunity to appeal, at the discretion of ICTC, any sums assessed against it as liquidated damages by demonstrating either:

1. Incorrect Assessment - The Provider had met the applicable service standard and/or that the Service had been delivered in accordance with the Agreement.

2. Beyond the Provider’s Control - The event which resulted in a liquidated damage assessment was caused by or attributable to mitigating circumstances beyond the Provider’s control. The Provider shall not be held responsible for failure to provide on-time service due to accidents not involving ICTC vehicles, unusual weather or traffic conditions, road detours, or naturally occurring disasters, if sufficient documentation is provided to ICTC.

Neither the agreement of ICTC to accept liquidated damages as compensation for its damages for the Provider's failure to perform, nor the imposition or assessment of any liquidated damages, shall affect any other rights and remedies of ICTC under the Agreement, including the right of ICTC to terminate the Agreement in accordance with the termination provisions.

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3

Failure to follow inclement weather or road closure notifications and policies, failure to perform Passenger Returns

Reasonable accommodations required to ensure that all passengers return to their return destination unless prior approval is received from ICTC. Scenarios may require an overnight stay, require IVT MedTrans management staff to travel to locations in San Diego.

$1,000 per incident and possible termination of the contract

ICTC observations/ verified passenger complaints

4 Missed trip

Failure to operate any scheduled trip without prior approval from ICTC

$500 per incident

ICTC observations/ verified passenger complaints

5 Prompt Farebox Removal

Remove all fareboxes and receipts from revenue vehicles daily at the end of service $50 per incident

ICTC observations / fiscal audits

6 Secure Farebox Count/Deposit

Secure storage, count receipts in double custody and deposit of revenues daily $50 per incident

ICTC observations / fiscal audits

7 ADA Compliance

Compliance with the ADA regulations including but not limited to; insuring working PA systems, calling out major intersections, failure of wheelchair lifts $250 per incident

ICTC observations / verified passenger complaints

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8Failure to Enforce Fare or Price Policies

Compliance with the ICTC approved fare policy $50 per incident

ICTC observations / verified passenger complaints

9Failure to Maintain the Staffing and Personnel Plan

All positions filled unless ICTC approves a change to the plan $100 per day per position

ICTC observations / verified passenger complaints

10Failure to Maintain Security Requirements

Vehicles, facilities and other assets are to be secured and monitored. Reports to ICTC within 24 hours of an incident $50 per incident

ICTC observations / fiscal audits

11 General Vehicle Maintenance

Vehicles, facilities and other assets are to be maintained in a state of good repair

$100 per vehicle per day that has equipment i.e. bike rack, stop cord inoperable or unavailable for service without prior authorization from ICTC

ICTC observations / fiscal audits / passenger complaints

12 Vehicle Maintenance On Board/Offboard

Vehicles, facilities and other assets are to be maintained in a state of good repair

$250 per vehicle per day that is inoperable or unavailable for service to meet rollout beyond a 90 day limit without prior authorization from ICTC

ICTC observations / fiscal audits

13Vehicle Maintenance - Passenger Comfort

Vehicles, facilities and other assets are to be maintained in a state of good repair

$500 per vehicle per day that has an inoperable cooling or HVAC system

ICTC observations / passenger complaints

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14Vehicle Maintenance - Failure to Respond in a Timely Manner

Vehicles, facilities and other assets are to be maintained in a state of good repair

$100 per vehicle per day where Provider fails to provide an replacement revenue service vehicle within thrity (30) minutes of a mechanical failure or breakdown

ICTC observations / passenger complaints

15

Vehicle Maintenance - Failure to Respond in Annual Maintenance Audits in a Timely Manner

Vehicles, facilities and other assets are to be maintained in a state of good repair

$250 per vehicle per day that is inoperable or unavailable for service to meet rollout beyond a 90 day limit without prior authorization from ICTC

ICTC observations / maintenance audits

16 Vehicle Maintenance - PMI

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

ICTC observations / maintenance audits

17 Vehicle Appearance

Vehicles are to be cleaned daily and deep cleaned quarterly. All dents and paint chips are to be maintained in a state of good repair. Any damage to said vehicle or logo will be corrected within 7 business days or penalty shall apply. $50 per vehicle per day

ICTC observations / verified passenger complaints

18Bus Operations Facility Appearance - Interior/Exterior

Vehicles, facilities and other assets are to be maintained in a state of good repair $50 per facility per day

ICTC observations / verified passenger complaints

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19Driver Uniform Violation/Appearance

Drivers must maintain the uniform policy

$50 per occurence per day that has not maintained the uniform policy

ICTC observations / verified passenger complaints

20Driver/Dispatch/Customer Service Behavior Violation Personnel

$50 per occurence per day that has not maintained the customer service policy

ICTC observations / verified passenger complaints

21

Total Miles Between Road Calls - calculated by dividing the number of breakdowns or roadcalls in the reporting period by the number of vehicle service miles in that reporting period. - Reporting Period is Monthly

Average miles between road calls for entire service

Performance below 10,000 miles - Average miles per road call - $1,000 for 0 - 2,000 miles; $750 for 2,001 - 3,000 miles; $500 for 3,001 - 4,000 miles; $250 4,001 - 5,000 miles; no damages incurred if value exceeds 10,000 avg miles per road call ICTC observations /

verified passenger complaints

22

Total Miles Between Accidents - 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. Reporting Period is Monthly.

Average miles between accidents

Performance below 10,000 miles - Average miles per accident - $2,000 for 0 - 2,000 miles; $1,500 for 2,001 - 3,000 miles; $1,000 for 3,001 - 4,000 miles; $500 for 4,001 - 5,000 miles; no damages incurred if value exceeds 10,000 avg miles per accident ICTC observations /

verified passenger complaints

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23 Safety Inspection Report - CHP

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

$500.00 per infraction and possible termination of contract

ICTC observations / CHP reports

24

Compliance with DOT/FTA Drug and Alcohol Policy and Program Review

Failure to achieve a compliance in a review of the annual D & A Audit/Compliance Report

$500.00 per infraction and possible termination of contract

ICTC observations / reports

25Compliance with but not limited to ICTC/NTD/DOT/FTA Reporting

Failure to achieve compliance with reporting requirements

$500.00 per infraction and possible termination of contract

ICTC observations / reports

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Appendix B PROPOSAL EVALUATION FORM

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PROPOSAL EVALUATION FORM 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:

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Appendix C IVT MedTrans Proposal Pricing Sheet

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Provider Name IVT MedTrans 2019Pricing Proposal Sheet

FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24VARIABLE 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 -$ -$ -$ -$ -$ -$ Lubricants/Tires and tubes -$ -$ -$ -$ -$ -$ Interest -$ -$ -$ -$ -$ -$ Profit -$ -$ -$ -$ -$ -$ Subtotal Variable Costs -$ -$ -$ -$ -$ -$ Variable Rate per Service Hour #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!

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 Total Annual Rate Per Service Hour #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!

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Appendix D IVT MedTrans Three Year Statistical Data

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IVT MedTrans Standards 3.2 53.9 0.1 0.00 $42.75 $36.34 $138.32 $4.95 15.0%

FY 2016-17Pass/ 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 %

1st Half 59,765 105 1,801 53 2,870 $19,439.50 $240,766.34 $221,326.84 1.6 27.3 0.0 34.19 $83.89 $77.12 $133.68 $4.03 8.1%2nd Half 55,915 104 1,680 45 2,729 $19,150.50 $230,232.22 $211,081.72 1.6 26.2 0.0 37.14 $84.37 $77.35 $137.08 $4.12 8.3%Total 115,680 209 3,481 98 5,599 $38,590.00 $470,998.56 $432,408.56 1.6 26.8 0.0 35.55 $84.12 $77.23 $135.32 $4.07 8.2%

IVT MedTrans Standards 3.2 53.9 0.1 0.00 $42.75 $36.34 $138.32 $4.95 15.0%

FY 2017-2018Pass/ 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 %

1st Half 56,076 104 1,745 49 2,756 $19,036.52 $234,579.41 $215,542.89 1.6 26.5 0.0 35.83 $85.12 $78.21 $134.46 $4.18 8.1%2nd Half 56,557 104 1,809 47 2,704 $19,948.27 $231,654.16 $211,705.89 1.5 26.0 0.0 38.76 $85.67 $78.29 $128.06 $4.10 8.6%Total 112,633 208 3,554 95 5,460 $38,984.79 $466,233.57 $427,248.78 1.5 26.3 0.0 37.27 $85.39 $78.25 $131.20 $4.14 8.4%

IVT MedTrans Standards 3.2 53.9 0.1 0.00 $42.75 $36.34 $138.32 $4.95 10.0%

FY 2018-2019Pass/ 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 %

1st Half 48,171 88 1,466 39 2,326 $18,723.00 $201,814.87 $183,091.87 1.6 26.4 0.0 37.99 $86.76 $78.72 $137.66 $4.19 9.3%2nd HalfTotal 48,171 88 1,466 39 2,326 $18,723.00 $201,814.87 $183,091.87 1.6 26.4 0.0 37.99 $86.76 $78.72 $137.66 $4.19 9.3%

IVT MedTrans Historical Data for 2019 RFPFY 2017-2019

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Appendix E IVT MedTrans Monthly and Annual Reports

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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.

5. No Show and Late Cancelations (No Show) monthly report to include but not limited

to trips denials, late cancellations, no shows.

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Appendix E 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, MSS and No Show 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.

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Appendix F IVT MedTrans RFP Required Forms

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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)

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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.

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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.

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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

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ICTC REGIONAL COUNCIL AND AFFILIATED AGENCIES

Commissioners

1. George Nava, Councilperson City of Brawley 420 W. Main Street Brawley, CA 92227 2. Lewis Pacheco, 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. Cheryl Viegas-Walker, Councilperson City of El Centro 1275 Main Street El Centro, CA 92243 6. Robert Amparano, Councilperson City of Imperial 420 S. Imperial Avenue Imperial, CA 92251 7. James Predmore, Councilperson City of Holtville 121 W. 5th Street Holtville, CA 92250 8. Supervisor Ryan Kelley County of Imperial 940 Main Street El Centro, CA 92243 9. Supervisor Luis Plancarte County of Imperial 940 Main Street El Centro, CA 92243

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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.

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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.

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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

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ICTC AND AFFILIATED AGENCIES

Commissioners

1. George Nava, Councilperson City of Brawley 420 W. Main Street Brawley, CA 92227 2. Lewis Pacheco, 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. Cheryl Viegas Walker, Councilperson City of El Centro 1275 Main Street El Centro, CA 92243 6. Robert Amparano, Councilperson City of Imperial 420 S. Imperial Avenue Imperial, CA 92251 7. James Predmore, Councilperson City of Holtville 121 5th Street Holtville, CA 92250 8. Supervisor Ryan Kelley County of Imperial 940 Main Street El Centro, CA 92243 9. Supervisor Luis Plancarte County of Imperial 940 Main Street El Centro, CA 92243

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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

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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

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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

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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)

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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

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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.

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DISADVANTAGED BUSINESS ENTERPRISE (DBE) Transit and 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 1.0% for all Providers contracting and sub-contracting opportunities for the term of this Agreement. If the Proposal meets the DBE contract goal, the prospective Provider must include in the proposal the completed ADM-0722F. If the Proposal does not meet the DBE contract goal, the prospective Provider must include in the proposal the completed ADM-0312F that documents the Good Faith Efforts (GFE), and the ADM-0722F. In addition, Prospective Providers must complete the information required on the Bidders List.

1. FORM 1: ADM-0722F Disadvantaged Business Enterprise (DBE) / Underutilized (UDBE) Participation 2. FORM 2: ADM-0312F Bidder / Proposer Disadvantaged Business Enterprise (DBE) Good Faith Efforts Documentation 3. Bidders List

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.

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

DBE Y or N

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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Appendix G IVT MedTrans Incumbent Staff Salaries

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First Transit - IVT MedTransAs of November 2018

# of Employees Classification Pay Rates Benefits

25% of 1 General Manager Unavailable Unavailable

25% of 1Safety and Training

MgrUnavailable Unavailable

1IVT Med Trans

Operations Manager

Unavailable Unavailable

25% of 1Maintenance

ManagerUnavailable Unavailable

25% of 1 Dispatch Manager Unavailable Unavailable

2 FT Dispatchers $12.39-$12.64

Per CBA; 1-4 weeks vacation depending on

years of service; 9 holidays; Pro-Med

insurance provided by Company;

1 PT Dispatchers $12.15 9 holidays at 4 hrs. each

25% of 1 Maint Clerk $15/hr.

Per CBA; 1-4 weeks vacation depending on

years of service; 9 holidays; Pro Med health

insurance

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First Transit - IVT MedTransAs of November 2018

1 Drivers FT $14.44

Per CBA; 1-3 weeks of vacation depending on

years of service; 1 PTO; 9 holidays; Pro Med health

insurance

1 Drivers FT 13.96

Per CBA; 1-3 weeks of vacation depending on

years of service; 1 PTO; 9 holidays; Pro Med health

insurance

0.5 Drivers FT $12.16

Per CBA; 1-3 weeks of vacation depending on

years of service; 1 PTO; 9 holidays; Pro Med health

insurance

2.5 Total Drivers

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Appendix H IVT MedTrans Service Brochure

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Appendix I IVT MedTrans Vehicle Fleet Turnover Inspection

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Appendix I IVT MedTrans Vehicle Turnover Inspection As necessary, an IVT MedTrans Vehicle Turnover Inspection will be conducted at the IVT Bus Operations and Maintenance Facility beginning TBD at 9:00 AM local and must be complete not later than TBD. An inspection briefing will begin at 8:30 AM the first day of inspection.

Notice of Award, if any, is anticipated to be made to the successful Provider not later than TBD

The fleet of vehicles to be inspected includes: 4 Cutaways buses, 1 MV1 and 0 Support Vehicles. A detailed fleet list is provided with this RFP.

A comprehensive inspection based on industry and manufacturer standards, appropriate for each make and model of vehicles that is in the IVT MedTrans fleet shall be used.

The inspection will cover all systems of the vehicles including but not limited to as the minimum, the following;

Accessibility and ADA systems Air systems Brake systems HVAC systems Destination Signs and controls Differential Driver Controls Electrical systems Engine and engine compartment Exhaust and After-treatment systems Interior condition Lighting systems Passenger controls Safety Equipment Structure and Chassis Fuel Tank Tires and wheels Transmission and drivetrain components Digital and Analog Recording Systems Windows Undercarriage An oil analysis will be completed on all vehicles

A road test will a lso be performed during the inspection to note any defects and/or abnormalities. ICTC will provide the route and Driver for the road test, the inspector will ride along. The route covers +/- 4 miles and requires +/- 8 Minutes to complete.

During the road test the inspector will also evaluate HVAC performance and record temperature readings

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Defects from any prior third party maintenance inpections will be provided at the Inspection Briefing and the inspectors will have these documents available to assess repeat/unrepaired prior defects.

One four (4) pole mobile lifts suitable for medium and heavy duty vehicles will be available.

Important Note: Temperatures can fluctuate between 80 to 95 degrees occasionally approaching 100 + during the day. The facility where the inspections will take place has limited cooling and may still be warm during inspection hours.

All defects will be documented in writing with High Quality printed picture back up as practical. Defects that cannot be captured with pictures will be demonstrated for the ICTC observer.

The final comprehensive report must include repair costs of all defects and/or damage based on industry standards for parts cost and labor hours per defect to correct. A labor rate will be available at the inspection briefing.

Additionally, the comprehensive final report assembled on every vehicle and presented to ICTC must include at a minimum;

1. Legible copies of each vehicle inspection with associated pictures

2. List of buses with “safety” defects and defects that must be repaired prior to the vehicle

released back to service.

3. Vehicle diagram accompanying each vehicle inspection noting location of body or graphics damage if applicable. Inspector will note if there is no body damage.

4. Pictures of any damage.

5. Summary of Defects:

a. by system b. by location c. by manufacturer d. the ADA equipment e. Results from the road test

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Appendix J IVT MedTrans Draft Contract

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AGREEMENT FOR IVT MEDTRANS PARATRANSIT SERVICES

THIS AGREEMENT FOR IVT MEDTRANS PARATRANSIT SERVICES (“this Agreement”),

made and entered into effective the _____ day of __________, 20___, is by and between the IMPERIAL

COUNTY TRANSPORTATION COMMISSION (“ICTC”), and _______________________, a

_____________ authorized to conduct business in California (“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 the IVT MedTrans

paratransit services among prospective PROVIDERs for the delivery of the IVT MedTrans paratransit

system.

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 June 1, 2019 and shall continue until June 30, 2022,

and if all two (2) one (1) year extension option periods are exercised pursuant to

paragraph 1.2 herein, the Agreement shall continue until June 30, 2024.

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, 2022 through June 30, 2023; and

1.2.2. From July 1, 2023 through June 30, 2024; and

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

Federal Transit Administration (FTA) Section 5307, 5310, and 5311 Grants, Local

Transportation Funds (LTF), 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 Paratransit Services Request for

Proposal 2019” dated ___________ 2019 and is incorporated herein by this reference.

2.2 “Proposal” shall mean PROVIDER’s completed proposal entitled “IVT MedTrans

Paratransit Services Proposal” dated _____ 2019, PROVIDER submitted to ICTC on the

proposal due date and is incorporated herein by this reference.

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

2.4 “Eligible passenger” shall include those individuals deemed eligible for the paratransit

service through a determination process.

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

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

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

by the Act at 49 CFR 37.3.

2.7 “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.

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

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

on a regular basis.

3. DESCRIPTION OF WORK

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

document entitled “IVT MedTrans Paratransit Services Scope of Work FY 2019-2020

through FY 2023-24”, attached hereto as Exhibit “A” and incorporated by this reference.

3.2 This Agreement is for specific paratransit services and implies a non emergency

transportation service to medical facilities for transit dependent persons and others, for

medical services that are generally not available within Imperial County. There are set,

designated pattern and routes of travel, within a designated operating area and with

specific hours of operation. This Agreement is not for a medical transportation service.

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3.3 In the event of a conflict among this Agreement, the Request for Proposal and the Proposal,

the Request for Proposal shall take precedence over the Proposal and this Agreement shall

take precedence over both.

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 additional, PROVIDER shall participate fully in the

meetings and events of the Social Services Transportation Advisory Council (SSTAC).

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

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 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. 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 an overnight

stay for the persons on board the bus. Invoices substantiating these expenses must be

attached to the regular monthly invoice for reimbursement

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4.5 PROVIDER shall comply with all terms, conditions and requirements of the Request

for Proposal and this Agreement.

4.6 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 will provide management oversight, establish priorities for service delivery,

perform on-going planning, 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, 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 Authority (FTA), the State

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 will first be handled by PROVIDER’s

management personnel. ICTC will inform PROVIDER 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 this

Agreement that are violated. (See Exhibit “B” for Table of Liquidated Damages).

Adjustments would 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

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

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6. SERVICE IMPLEMENTATION

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

Exhibit “A” – “IVT MedTrans Paratransit Services Scope of Work FY 2019-2020 through FY

2023-24”.

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.

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.

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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.

8.3. Compensation for services provided for under Exhibit “A” – “IVT MedTrans Paratransit

Services Scope of Work FY 2019-2020 through FY 2023-24” shall be as follows:

8.3.1. For the period June 1, 2019 through June 30, 2020, the price is identified as

$_______. The fare box is established at ______ percent (__%); therefore the

annual not-to-exceed subsidy shall be $_______.

8.3.2. For the period July 1, 2020 through June 30, 2021, the price is identified as

$_______. The fare box is established at _____ percent (__%); therefore the

annual not-to-exceed subsidy shall be $_______.

8.3.3. For the period July 1, 2021 through June 30, 2022, the price is identified as

$_______. The fare box is established at _____ percent (__%); therefore the

annual not-to-exceed subsidy shall be $_______.

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8.3.4. For the period July 1, 2022 through June 30, 2023, the base price is identified as

$_______. The fare box is established at _____ percent (__%); therefore the

annual not-to-exceed subsidy shall be $_______.

8.3.5. For the period July 1, 2023 through June 30, 2024, the base price is identified as

$_______. The fare box is established at _____ percent (__%); therefore the

annual not-to-exceed subsidy shall be $_______.

8.3.6. The fare box recovery ratio of 10% (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.

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

rate, ICTC will 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 $__________ ($X.XX) per gallon for

the term of this Agreement.

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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 will deposit farebox revenue

daily. Fare box revenue is the property of ICTC, and PROVIDER will submit written

reports to ICTC of revenue collection.

9.4. Transfers. PROVIDER shall also develop a transfer procedure and collect transfers to

and from IVT branded or other public agency transit services. PROVIDER shall account

for it in its report of revenue collected.

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 “A” – “IVT MedTrans Paratransit Services Scope of Work FY 2019-2020 through FY 2023-

24”.

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

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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 of 5% of the total cost of the service for

the fiscal year. PROVIDER shall be responsible for working with ICTC staff and

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

marketing materials for the IVT MedTrans 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.

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

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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 the 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

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

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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 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 may not make any permanent changes that affect the quantity, quality

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

14. MANAGEMENT

14.1 General Manager/Operations Manager. ICTC shall participate in the selection and

approval of the person serving as General Manager/Operations Manager. In the event

that the General Manager must be replaced, ICTC will participate in the selection and

approval of the replacement.

14.2 Day-to-Day Operations. PROVIDER will 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 will be vested in at least one (1) local

management 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,

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 General Manager/Operations Manager 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,

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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 General Manager/Operations Manager.

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 will be

reported to ICTC via the monthly management summary (“MSS”) report, 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 service 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 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 will report the information on a monthly basis in the

format as described in the Appendix to “IVT MedTrans 2019” Request for Proposal dated

________ 2019 - Reporting.

15.4 Annual Reports. PROVIDER will report the information on an annual basis in the format

as described in the Appendix to “IVT MedTrans 2019” Request for Proposal dated _______

2019 - 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

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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 paratransit service 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

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

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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.

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

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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 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

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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.

• 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.

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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

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

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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

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

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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 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.

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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.

16.7 Bicycle racks (front two position SportWorks) are provided on all buses provided for this

service. PROVIDER shall 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

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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

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

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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 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

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Date placed in service

Annual miles

Contract miles

Life miles

Major Component Rebuild and Replacement including date and lifemiles

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 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

16.18.1ICTC 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

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Compliance Report. PROVIDER must expeditiously correct any deficiencies

noted on any CHP vehicle or terminal inspection report.

16.18.2ICTC 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

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.

16.19.1After 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.

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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

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 paratransit services described herein.

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 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.

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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 “A” – “IVT MedTrans Paratransit

Services Scope of Work FY 2019-2020 through FY 2023-24”. 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 vehicles 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 lift 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

paratransit services 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 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 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.

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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.

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 will 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 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

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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 program.

22. UNIFORMS

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 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 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.

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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 at any time

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

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

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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) AUTOMOBILE PHYSICAL DAMAGE insurance to include collision, comprehensive

and theft coverage for all ICTC vehicles operated, maintained, used and/or stored by

Provider under this Agreement. This insurance shall include replacement cost coverage

for all ICTC vehicles operated, maintained, used and/or stored by Provider under this

Agreement.

(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.

(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 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).

24.3 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, or (ii) PROVIDER shall

provide a financial guarantee, satisfactory to ICTC’s Executive Director or his/her

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designee, guaranteeing payment of losses and related investigations, claim administration

and defense expenses. At no time shall ICTC be responsible for the payment of any

deductibles or self-insured retentions.

24.4 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

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.

24.5The General Liability (ongoing operations and completed operations) and Automobile

Liability insurance policies shall be written on an occurrence form and shall name ICTC, its

members, board members, officers, officials, employees, agents and volunteers 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, agents and volunteers. The Automobile Physical Damage

and Fidelity Bond/Crime insurance policies shall name ICTC as a loss payee. The Workers’

Compensation insurance policy shall contain a waiver of subrogation as to ICTC, its

members, board members, officers, officials, employees, agents and volunteers. Should

Provider maintain insurance with broader coverage and/or limits of liability greater than

those shown above, ICTC requires and shall be entitled to the broader coverage and/or the

higher limits of liability maintained by Provider. Any available insurance proceeds in excess

of the specified coverage and minimum limits of insurance coverage shall be available to

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ICTC.

24.6 PROVIDER shall furnish ICTC all certificate(s) and applicable endorsements effecting

coverage required hereunder. Upon request of ICTC and before work commences,

PROVIDER shall immediately furnish ICTC with a complete copy of any insurance

policy and all certificates and applicable endorsements required under this Agreement,

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.

24.7 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

action taken by ICTC hereunder shall in any way relieve PROVIDER of its

responsibilities under this Agreement.

24.8 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.

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

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protection in favor of ICTC, its board members, officers, employees, agents and

volunteers, in accordance with the terms of each of the preceding paragraphs, except that

the subcontractors' certificates and endorsements shall be on file with PROVIDER, ICTC

prior to the commencement of any work by the subcontractor.

25. TERMINATION

PROVIDER agrees to comply with all Federal Transit Administration and California Department

of Transportation Required Provisions and Third Party Contract Clauses as set forth in the

document attached hereto as Attachment A (REV01-2019 and thereafter most currently

revised), the terms of which are incorporated herein by this reference as if fully set forth.

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. Adjustments to pricing for a service hour increase or decrease modification

will be based on the cost per hour in effect for that fiscal year, as agreed and submitted in the

proposal submitted entitled “IVT MedTrans Paratransit Services Proposal 2019” dated _____ 2019.

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.

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27.3 Drivers shall have a thorough knowledge of 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 will 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.

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 will 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.

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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 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.

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

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PROVIDER shall be performed in accordance and full compliance with all applicable federal

laws and requirements. PROVIDER agrees to comply with all Federal Transit Administration

and California Department of Transportation Required Provisions and Third Party Contract

Clauses as set forth in the document attached hereto as Attachment A (REV01-2019 and

thereafter most currently revised), the terms of which are incorporated herein by this reference

as if fully set forth.

31. INDEMNIFICATION

To the furthest extent allowed by law, PROVIDER shall indemnify, hold harmless and defend

ICTC and each of its members, board members, officers, officials, employees, agents and

volunteers 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 Indemnitees are negligent, but shall not apply to any loss, liability, fines, penalties,

forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful

misconduct, of ICTC or its board members, officers, employees, agents and volunteers.

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

ICTC and each of its board members, officers, employees, agents and volunteers 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:

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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.

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.

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33. ASSIGNMENT

Neither this Agreement nor any duties or obligations hereunder shall be assignable by

PROVIDER without the prior written consent of ICTC.

34. CONTRACTUAL DISPUTE RESOLUTION

PROVIDER agrees to comply with all Federal Transit Administration and California Department

of Transportation Required Provisions and Third Party Contract Clauses as set forth in the document

attached hereto as Attachment A (REV01-2019 and thereafter most currently revised), the terms of

which are incorporated herein by this reference as if fully set forth.

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:

ICTC PROVIDER Imperial County

Transportation Commission Attention: Mark Baza, Executive Director 1503 N Imperial Ave., Suite 104 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.

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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 will 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

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 ICTC, 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.

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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.

PROVIDER shall deliver to ICTC evidence acceptable to ICTC of the foregoing within thirty

days of execution of this Agreement.

46. SUSPENSION AND DEBARMENT

PROVIDER agrees to comply with all Federal Transit Administration and California Department

of Transportation Required Provisions and Third Party Contract Clauses as set forth in the document

attached hereto as Attachment A (REV01-2019 and thereafter most currently revised), the terms of

which are incorporated herein by this reference as if fully set forth.

47. DISADVANTAGED BUSINESS ENTERPRISE

PROVIDER agrees to comply with all Federal Transit Administration and California Department

of Transportation Required Provisions and Third Party Contract Clauses as set forth in the document

attached hereto as Attachment A (REV01-2019 and thereafter most currently revised), the terms of

which are incorporated herein by this reference as if fully set forth.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first

above written.

IMPERIAL COUNTY PROVIDER: TRANSPORTATION COMMISSION: By: __________________________________ By:__________________________________ Chairperson ATTEST: CRISTI LERMA Secretary to ICTC APPROVED AS TO FORM: KATHERINE TURNER County Counsel By: Deputy County Counsel

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 1 of 12 REV01-2019

1. Source of Funding: This contract entered on between (DATE) (AWARDING AGENCY)

and for (CONTRACTOR)

(PROJECT)

is being funded with the following fund source(s) and amounts:

FUND SOURCE AMOUNT

Parties referenced in the following clauses are defined as:

“Awarding Agency” is the subrecipient of the State of California Department of Transportation. “PROJECT” is the Awarding Agency’s federally supported project. “CONTRACTOR” is the third-party vendor who has entered into this third-party contract with the Awarding Agency to provide goods or services directly to the Awarding Agency for the accomplishment of the PROJECT. “Subagreements” are agreements made between the CONTRACTOR and any subcontractors to facilitate the accomplishment of this third-party contract.

For All Third-Party Contract Awards Excluding Micro-Purchases, Except Construction Contracts Exceeding $2,000.00 No Obligation to Third-Parties by use of a Disclaimer

A. No Federal Government Obligation to Third Parties. The CONTRACTOR agrees that, absent of the Federal Government’s express written consent, the Federal Government shall not be subject to any obligations or liabilities to any contractor, any third-party contractor, or any other person not a party to the Grant Agreement in connection with the performance of the PROJECT. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, or third-party agreement, the Federal Government continues to have no obligation or liabilities to any party, including the CONTRACTOR or third-party contractor.

B. Third-Party Contracts and Subagreements Affected. To the extent applicable, federal requirements extend to third-party contractors and their contracts at every tier, and to the subagreements of third-party contractors and the subagreements at every tier. Accordingly, the CONTRACTOR agrees to include, and to require its third-party contractors to include appropriate clauses in each third-party contract and each subagreement financed in whole or in part with financial assistance provided by the FTA.

C. No Relationship between the California Department of Transportation and Third-Party Contractors. Nothing contained in this Contract or otherwise, shall create any contractual relationship, obligation or liability between the California Department of Transportation and any third-party contractors, and no third-party contract shall relieve the CONTRACTOR of his responsibilities and obligations hereunder.

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 2 of 12 REV01-2019

The CONTRACTOR agrees to be fully responsible to the Awarding Agency for the acts and omissions of its third-party contractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONTRACTOR. The CONTRACTOR’S obligation to pay its third-party contractors is an independent obligation from the Awarding Agency’s obligation to make payments to the CONTRACTOR. As a result, the California Department of Transportation shall have no obligation to pay or to enforce the payment of any moneys to any third-party contractor.

D. Obligations on Behalf of the California Department of Transportation. The CONTRACTOR shall have no authority to contract for or on behalf of, or incur obligations on behalf of the California Department of Transportation.

E. Awarding Agency Approval of Subagreements. The Awarding Agency shall approve in writing all proposed Subagreements, Memorandums of Understanding (MOU), or similar documents relating to the performance of the Contract prior to implementation. The CONTRACTOR agrees that it will not enter into any Subagreements unless the same are approved in writing by the Awarding Agency. Any proposed amendments or modifications to such Subagreements must be approved by the Awarding Agency prior to implementation.

Program Fraud and False or Fraudulent Statements or Related Acts

A. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. Section 3801 et seq. and US Department of Transportation regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this PROJECT. Upon execution of an underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, and pertaining to the underlying contract or the federally assisted PROJECT for which this contracted work is being performed. In addition to other penalties that may be applicable, the CONTRACTOR 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 in the CONTRACTOR to the extent the Federal Government deems appropriate.

B. The CONTRACTOR 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 a PROJECT that is financed in whole or in part with federal assistance originally awarded by the FTA under the authority of 49 U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the CONTRACTOR, to the extent the Federal Government deems appropriate.

C. The CONTRACTOR agrees to include the above two clauses in each subagreement financed in whole or in part with Federal Assistance provided by the California Department of Transportation. It is further agreed that these clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Access to Records The Awarding Agency, the California Department of Transportation, the State Auditor General, and any duly authorized representative of the Federal government shall have access to any books, records, and documents of the CONTRACTOR and its subcontractors that are pertinent to this Contract of audits, examinations, excerpts,

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 3 of 12 REV01-2019

and transactions, and copies thereof shall be furnished if requested. The CONTRACTOR shall include a clause to this effect in every subagreement entered into relative to the PROJECT. Record Keeping The CONTRACTOR and all subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Contract. All parties shall make such materials available at their respective offices at all reasonable times during the performance and for three (3) years from the date of final payment under this Contract and all subagreements. Accounting Records The CONTRACTOR shall establish and maintain separate accounting records and reporting procedures specified for the fiscal activities of the PROJECT. The CONTRACTOR’S accounting system shall conform to generally accepted accounting principles (GAAP) and uniform standards that may be established by California Department of Transportation. All records shall provide a breakdown of total costs charged to the PROJECT including properly executed payrolls, time records, invoices, and vouchers. Federal Changes, Amendments to State, and Local Laws, Regulations, and Directives The terms of the most recent amendments to any federal, State, or local laws, regulations, FTA directives, and amendments to the grant or cooperative contract that may be subsequently adopted, are applicable to the PROJECT to the maximum extent feasible, unless the California Department of Transportation provides otherwise in writing. Civil Rights (Title VI, EEO, & ADA) During the performance of this Contract, the CONTRACTOR its assignees and successors in interest, agree to comply with all federal statutes and regulations applicable to grantee subrecipients under the Federal Transit Act, including, but not limited to the following:

A. Race, Color, Creed, National Origin, Sex. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. Section 2000e, and federal transit law at 49 U.S.C. Section 5332, the CONTRACTOR Agrees to comply with all applicable equal employment opportunity (EEO) requirements of the U.S. Department of Labor (U.S. DOL) regulations, “Office of Labor,” 41 CFR 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. Section 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the PROJECT. The CONTRACTOR 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. 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 from training, including apprenticeship. In addition, the CONTRACTOR agrees to comply with any implementing requirements the California Department of Transportation any issue.

B. Nondiscrimination. The CONTRACTOR, with regard to the work performed by it during the contract term shall act in accordance with Title VI. Specifically, the CONTRACTOR shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. Department of Transportation’s Regulations, including employment practices when the Contract covers

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 4 of 12 REV01-2019

a program whose goal is employment. Further, in accordance with Section 102 of the Americans with Disabilities Act (ADA), as amended, 42 U.S.C. Section 12112, the CONTRACTOR 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, the CONTRACTOR agrees to comply with any implementing requirements the California Department of Transportation may issue.

C. Solicitations for Subcontractors Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation by the CONTRACTOR for work performed under a subagreement, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the subcontractor’s obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

D. Information and Reports. The CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Awarding Agency or the California Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish the information, the CONTRACTOR shall certify to the Awarding Agency of the California Department of Transportation as appropriate, and shall set fourth what efforts it has made to obtain the information.

E. Sanctions for Noncompliance. In the event of the CONTRACTOR’S noncompliance with the nondiscrimination provisions of the Contract, the Awarding Agency shall:

1. Withholding of payment to the CONTRACTOR under the Contract until the CONTRACTOR complies, and/or

2. Cancellation, termination, or suspension of the Contract, in whole or in part.

F. Incorporation of Provisions. The CONTRACTOR shall include the provisions of these paragraphs A through F in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONTRACTOR will take such action with respect to any subcontractor or procurement as the Awarding Agency or the California Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such directions, the CONTRACTOR may request the Awarding Agency to enter into such litigation to protect the interest of the Awarding Agency, and, in addition, the CONTRACTOR may request the California Department of Transportation to enter into such litigation to protect the interests of the California Department of Transportation.

Incorporation of FTA Terms Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F 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. The

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Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 5 of 12 REV01-2019

CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any California Department of Transportation requests which would cause the California Department of Transportation to be in violation of the FTA terms and conditions. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any Awarding Agency requests which would cause the Awarding Agency to be in violation of the FTA terms and conditions.

Energy Conservation The CONTRACTOR agrees to comply with the mandatory energy efficiency standards and policies within the applicable California Department of Transportation energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42, U.S.C. Section 6321 et seq. Awards Exceeding $10,000.00 Additional Termination Provisions

A. Termination for Convenience (General Provision). When it is in the Awarding Agency’s best interest, the Awarding Agency reserves the right to terminate this Contract, in whole or in part, at any time by providing a TEN (10) DAY WRITTEN NOTICE to the CONTRACTOR. The CONTRACTOR shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to the Awarding Agency. If the CONTRACTOR has any property in its possession belonging to the Awarding Agency, the CONTRACTOR will account for the same, and dispose of it in the manner the Awarding Agency directs.

B. Termination for Default (General Provision). If the CONTRACTOR does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the CONTRACTOR fails to perform in the manner called for in the contract, or if the CONTRACTOR fails to comply with any other provisions of the contract, the Awarding Agency may terminate this contract for default. Termination shall be effected by serving a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default. The CONTRACTOR will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Awarding Agency that the CONTRACTOR had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the CONTRACTOR, the Awarding Agency, after setting up a new delivery of performance schedule, may allow the CONTRACTOR to continue work, or treat the termination as a termination for convenience.

C. Mutual Termination. The PROJECT may also be terminated if the Awarding Agency and the CONTRACTOR agree that its continuation would not produce beneficial results commensurate with the further expenditure of funds or if there are inadequate funds to operate the PROJECT equipment or otherwise complete the PROJECT.

Awards Exceeding $25,000.00 Debarment and Suspension

A. The CONTRACTOR agrees to comply with the requirements of Executive Order Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. Section 6101 note; and U.S. DEPARTMENT OF TRANSPORTATION regulations on Debarment and Suspension and 49 CFR Part 29.

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Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 6 of 12 REV01-2019

B. Unless otherwise permitted by the California Department of Transportation, the CONTRACTOR

agrees to refrain from awarding any third-party contract of any amount to or entering into any sub-contract of any amount with a party included in the “U.S. General Services Administration’s (U.S. GSA) List of Parties Excluded from Federal procurement and Non-procurement Program,” implementing Executive Order Nos. 12549 and 12689, “Debarment and Suspension” and 49 CFR Part 29. The list also include the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible for contract award under statutory or regulatory authority other than Executive Order Nos. 12546 and 12689.

C. Before entering into any subagreements with any subcontractor, the CONTRACTOR agrees to obtain a debarment and suspension certification from each prospective recipient containing information about the debarment and suspension status and other specific information of that awarding agency and its “principals,” as defined at 49 CFR Part 29.

D. Before entering into any third-party contract exceeding $25,000.00, the CONTRACTOR agrees to obtain a debarment and suspension certification from each third-party contractor containing information about the debarment and suspension status of that third-party contractor and its “principals,” as defined at 49 CFR 29.105(p). The CONTRACTOR also agrees to require each third-party contractor to refrain from awarding any subagreements of any amount, at any tier, to a debarred or suspended subcontractor, and to obtain a similar certification for any third-party subcontractor, at any tier, seeking a contract exceeding $25,000.00.

Awards Exceeding $100,000.00 Buy America The CONTRACTOR shall comply with the Buy-America requirements of 49 U.S.C. 5323(j) and 49 CFR Part 661 for all procurements of steel, iron, and manufactured products used in PROJECT. Buy-America requirements apply to all purchases, including materials and supplies funded as operating costs, if the purchase equals or exceeds $100,000.00. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(c) and 49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

Provisions for Resolution of Disputes, Breaches, or Other Litigation The Awarding Agency and the CONTRACTOR shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the CONTRACTOR shall submit to the Awarding Agency Representative for this Contract or designee a written demand for a decision regarding the disposition of any dispute arising under this Contract. The Awarding Agency Representative shall make a written decision regarding the dispute and will provide it to the CONTRACTOR. The CONTRACTOR shall have the opportunity to challenge in writing within ten (XX) working days to the Awarding Agency’s Executive Director or his/her designee. If the CONTRACTOR’S challenge is not made within the ten (XX) day period, the Awarding Agency Representative’s decision shall become the final decision of the Awarding Agency. The Awarding Agency and the CONTRACTOR shall submit written, factual information and supporting data in support of their respective positions. The decision of the Awarding Agency shall be final, conclusive, and binding regarding the dispute, unless the CONTRACTOR commences an action in court of competent jurisdiction to contest the decision in accordance with Division 3.6 of the California Government Code.

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Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 7 of 12 REV01-2019

Lobbying A. The CONTRACTOR agrees that it will not use federal assistance funds to support lobbying. In

accordance with 31 U.S.C. and U.S. Department of Transportation Regulations, “New Restrictions on Lobbying.” 49 CFR Part 20, if the bid is for an award for $100,000.00 or more the Awarding Agency will not make any federal assistance available to the CONTRACTOR until the Awarding Agency has received the CONTRACTOR’S certification that the CONTRACTOR has not and will not use federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of any federal 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 grant, cooperative agreement, or any other federal award from which funding for the PROJECT is originally derived, consistent with 31 U.S.C. Section 1352, and;

B. If applicable, 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 office or employee of any federal 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 Form to Report Lobbying,” in accordance with the form instructions.

C. The CONTRACTOR shall require that the language of the above two clauses be included in the award documents for all sub-awards at all tiers (including subagreements, sub-grants, and contracts under grants, loans, and cooperative agreements) which exceed $100,000.00 and that all awarding agencies shall certify and disclose accordingly. This Contract is a material representation of facts upon which reliance was placed when the Contract was made or entered into. These provisions are a prerequisite for making or entering into a Contract imposed by Section 1352, Title 31, U.S. Code. Any person who fails to comply with these provisions shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each failure.

Clean Air A. The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued

pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq. The CONTRACTOR agrees to report each violation to the Awarding Agency and understands and agrees that the Awarding Agency will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

B. The CONTRACTOR also agrees to include these requirements in each subagreement exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Clean Water

A. The CONTRACTOR 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. The CONTRACTOR agrees to report each violation to the Awarding Agency and understands and agrees that the Awarding Agency will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

B. The CONTRACTOR also agrees to include these requirements in each subagreement exceeding

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Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 8 of 12 REV01-2019

$100,000 financed in whole or in part with Federal assistance provided by FTA.

Awards with Transport of Property or Persons U.S. Flag Requirements (Cargo Preferences)(Fly America)

A. Shipments by Ocean Vessel. For third-party contacts that may involve equipment, materials, or commodities which may be transported by ocean vessels, the CONTRACTOR and subagreements must comply with 46 U.S.C. Section 55303 and 46 CFR Part 381, “Cargo Preferences-U.S. Flag Vessels.”

B. Shipments by Air Carrier. For third-party contracts that may involve shipments of federally assisted property by air carrier, the CONTRACTOR and subagreements must comply with the “Fly America” Act and 49 U.S.C. Section 40118, “Use of United States of America Flag Carriers,” and 41 CFR Section 301-10.131 through 301-10.143.

C. Project Travel. In accordance with Section 5 of the International Air Transportation Fair Competitive Practices Act of 1973, as amended, (“Fly America” Act), 49 U.S.C. 40118 and 41 CFR Part 301-10, the CONTRACTOR and all subcontractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation, to the extent such service is available or applicable.

Awards with Transit Operations Transit Employee Protective Arrangements (Transit Operation Only) The CONTRACTOR agrees to comply with applicable transit employee protective requirements, as follows:

A. The CONTRACTOR agrees to carry out the transit operations work on the underlying contract 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 this Contact and to meet the employee protective requirements of 49 U.S.C. 5333(b), and U.S.DOL guidelines at 29 CFR Part 215, and any amendments there to.

B. The CONTRACTOR also agrees to include the applicable requirements in each subagreement involving transit operations financed in whole or in part with federal assistance provided by the FTA.

Charter Service Operations (Transit Operation and Rolling Stock Only) The CONTRACTOR agrees to comply with 49 U.S.C. Section 5323(d) and 49 CFR Part 604, which provides that recipients and awarding agencies of the FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions listed at 49 CFR-Subpart B. Any charter service provided under one of the exceptions must be “incidental,” i.e., it must not interfere with or detract from the provision of mass transportation. The CONTRACTOR assures and certifies that the revenues generated by its incidental charter bus operations (if any) are, and shall remain, equal to or greater than the cost (including depreciation on federally assisted equipment) of providing the service. The CONTRACTOR understands that the requirements of 49 CFR Part 604 will apply to any charter service provided, the definitions in 49 CFR part 604 apply to this contract, and any violation of this contract may require corrective measures and the imposition of penalties, including debarment from the receipt of further federal assistance for transportation.

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 9 of 12 REV01-2019

School Bus Operations (Transit Operation and Rolling Stock Only) Pursuant to 49 U.S.C. 5323(F) and 49 CFR Part 605, the CONTRACTOR agrees that it and all its subcontractors will: (1) engage in school transportation operations in competition with private school transportation operators only to the extent permitted by an exception provided by 49 U.S.C. 5323(F) and implementing regulations, and (2) comply with requirements of 49 CFR Part 605 before providing any school transportation using equipment of facilities acquired with federal assistance awarded by the FTA and authorized by 49 U.S.C. Chapter 53 or Title 23 U.S.C. for transportation projects. The CONTRACTOR understands that the requirements of 49 CFR Part 605 will apply to any school transportation it provides, that the definitions of 49 CFR Part 605 apply to any school transportation agreement, and a violation of the contract may require corrective measures and the imposition of penalties, including debarment from the receipt of further federal assistance for transportation. Vehicle Operator Licensing The CONTRACTOR is required to comply with all applicable requirements of the Federal Motor Carrier Safety Administration regulations and the California Vehicle Code including, but not limited to, the requirement that all vehicle operators have a valid State of California driver’s license, including any special operator license that may be necessary for the type of vehicle operated. Drug-Free Workplace (FTA Section 5311 Awards) The CONTRACTOR certifies by signing a Contract with the Awarding Agency that it will provide a drug-free workplace, and shall establish policy prohibiting activities involving controlled substances in compliance with Government Code Section 8355, et seq. The CONTRACTOR is required to include the language of this paragraph in award documents for all sub-awards at all tiers (including subagreements, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all awarding agencies shall disclose accordingly. To the extent the CONTRACTOR, any third-party contractor at any tier, any awarding agency at any tier, or their employees, perform a safety sensitive function under the PROJECT, the CONTRACTOR agrees to comply with, and assure the compliance of each affected third-party contractor at any tier, each affected awarding agency at any tier, and their employees with 49 U.S.C. Section 5331, and the FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug use in Transit Operations,” 49 CFR Part 655. The CONTRACTOR agrees to participate in the Awarding Agency’s drug and alcohol program established in compliance with 49 CFR Part 655. Awards with Rolling Stock Bus Testing The CONTRACTOR agrees to comply with the requirements of 49 U.S.C. Section 5318(e), 5323(c), and the FTA regulations, “Bus Testing,” 49 CFR Part 665, and any revision thereto, including the certification that before expending any federal assistance to acquire the first bus of any new bus model or any bus model with a new major change in configuration or components or before authorizing final acceptance of that bus, that model of bus will have been tested at the ALTOONA Bus Research and Testing Center. The CONTRACTOR must obtain the final testing report and provide a copy of the report to the Awarding Agency.

Pre-Award and Post Delivery Audit The CONTRACTOR agrees to comply with the requirements of 49 U.S.C. Section 5323(l), 5323(m), and the FTA regulations, “Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,” 49 CFR Part 663, and any revision thereto.

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 10 of 12 REV01-2019

Awards with Planning, Research, Development, and Documentation Projects Patent Rights & Rights in Data and Copyrights (Research or Data Development Only) In accordance with 37 CFR Part 401, 49 CFR Parts 18 and 19, the CONTRACTOR must comply with patent and rights in data requirements for federally assisted contracts involving experimental, developmental, or research work. The Awarding Agency reserves a royalty-free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and reserves the right to grant authority to others.

Miscellaneous Special Requirements Intelligent Transportation Systems (ITS) National Architecture To the extent applicable, the CONTRACTOR agrees to conform to the National Intelligent Transportation System (ITS) Architecture and Standards as required by 23 U.S.C. Section 517(d), 23 U.S.C. Section 512 note, and 23 CFR Part 655 and 940, and follow the provisions of the FTA Notice, “FTA National ITS Architecture Policy on Transit projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives the FTA may issue at a later date, except to the extent the FTA determines otherwise in writing. Section 504 and Americans with Disabilities Act Program Requirements The CONTRACTOR will comply with 49 CFR Parts 27, 37, and 38, implementing and Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended. DBE Contract Assurance The CONTRACTOR, or SUBCONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR or SUBCONTRACTOR shall carry out applicable requirement of 49 CFR Part 26 in the award and administration of [Federal] DOT-assisted contracts. Failure by the CONTRACTOR or SUBCONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of the Standard Agreement between the STATE and the Awarding Agency, the termination of this contract by the Awarding Agency, or such other remedy the STATE or Awarding Agency deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the CONTRACTOR from future bidding as non-responsive.

Awarding Agency shall notify the CALTRANS DBELO in the event the Awarding Agency finds the CONTRACTOR or SUBCONTRACTOR is in violation of 49 CFR Part 26 within five (5) business days the finding is made. DBE Participation Goal This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The contract goal for participation of Disadvantaged Business Enterprises (DBE) for this contract is 1%. Offerors are required to document sufficient DBE participation to meet the contract goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53 (3)(i)(A). Award of this contract is conditioned on submission of the following:

1. If the offer meets the DBE contract goal the offeror must include with the offer a completed ADM-0227F form.

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THIRD PARTY CONTRACT CLAUSES

Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 11 of 12 REV01-2019

2. If the offer cannot meet the DBE contract goal the offeror must include with the offer a completed ADM-0312F form that documents the offeror’s good faith efforts (GFE) and ADM-0227F form. The Awarding Agency must document concurrence with the offeror’s GFE and provide a copy of the GFE to Caltrans DRMT Compliance Liaison for additional concurrence prior to contract award.

The CONTRACTOR shall not terminate the DBE subcontractors listed on ADM-0227F without the Awarding Agency’s prior written consent and concurrence from the CALTRANS DBELO. The Awarding Agency may provide such written consent only if the CONTRACTOR has good cause to terminate the DBE firm. Before transmitting a request to terminate, the CONTRACTOR shall give notice in writing to the DBE SUBCONTRACTOR of its intent to terminate and the reason for the request. The CONTRACTOR shall give the DBE five (5) days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the contract for any reason, the CONTRACTOR shall make good faith efforts (GFE) to find another DBE subcontractor to substitute for the original DBE and immediately notify the Awarding Agency in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Continued Compliance The Awarding Agency shall monitor the CONTRACTOR’S DBE compliance during the life of this contract and submit to the STATE a completed ADM-0369 form in each their request for reimbursement (RFR) packet. Prompt Payment and Return of Retainage

A. The Awarding Agency shall comply with 49 CFR Part 26.29 and ensure the CONTRACTOR pay its subcontractors performing work satisfactorily completed related to this contract no later than thirty (30) days after the CONTRACTOR’s receipt of payment for that work from the Awarding Agency.

B. Unless the approved project is for Construction, the CONTRACTOR shall not hold retainage (withhold retention) from any subcontractor. The STATE shall not hold retainage (i.e. withhold retention) from any CONTRACTOR.

C. If a dispute arises regarding Construction projects only, the CONTRACTOR may exercise its rights under California Public Contract Code (PCC) Sections 10262 and 10262.5 or California Business and Professions Code (BPC) Section 7108.5, as applicable.

D. The CONTRACTOR is required to pay its subcontractors for satisfactory performance of work related to this Agreement no later than 30 days after the CONTRACTOR’s receipt of payment for that work from the Awarding Agency. In addition, the CONTRACTOR is required to return any retainage (retention) payment to any subcontractor within 30 days after the subcontractor’s work related to this Agreement is satisfactorily completed.

Recycled Products The CONTRACTOR 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. Contract Work Hours and Safety Standards Act (Applicable to: Construction contracts and, in very limited circumstances, non-construction projects that employ laborers or mechanics on a public work.)

A. The CONTRACTOR agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Section 33 and also ensure compliance of its subcontractors; if applicable,

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Federal Transit Administration and California Department of Transportation Required Provisions

Attachment A: Page 12 of 12 REV01-2019

CONTRACTOR shall comply with DOL regulations “Safety and Health Regulation for Construction” 29 CFR Part 1926.

B. No CONTRACTOR or subcontractor contracting for any part of the work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at the rate of not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek

Awards with Construction Activities Third Party Construction or Facility Improvement Contracts

A. Davis Bacon Act (>$2,000.00). In accordance with requirements of 49 U.S.C. Section 5333(a) and the implementing regulations of 29 CFR Part 5, the CONTRACTOR shall comply with the employee protection requirements of the Davis-Bacon Act for construction activities exceeding $2,000.00 performed in connection with the PROJECT. The Davis-Bacon Act applies to contracts in excess of $2,000.00 for construction, alteration, or repair of public buildings or public works and requires the inclusion of a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor.

B. Bonding. For contracts or subagreements exceeding $100,000.00, the following bonding requirements must be included: Bid guarantee from each CONTRACTOR equivalent to five (5%) percent of the bid price; performance bond on the part of the CONTRACTOR for 100 (100%) percent of the contract price; and payment bond in the amount of either (1) 50% of the contract price if the contract price is not more than $1 million dollars or, (2) 40% of the contract price if the contract price is more than $1 million

C. Copeland Anti-Kickback Act. For contracts or subagreements exceeding $100,000.00 and in accordance with 18 U.S.C. Section 874, Copeland “Anti-Kickback” Act, 29 CFR Part 3, the “CONTRACTOR and subcontractors on Public Building or Public Work Financed in part by Loans or Grants from the United States,” the CONTRACTOR and subcontractor are prohibited from including, by any means, any employee, to give up any part of his or her compensation to which he or she is otherwise entitled.

Seismic Safety The CONTRACTOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The CONTRACTOR also agrees to ensure that all work performed under this contract including work performed by a subagreements is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the PROJECT.