Agenda 06/22/2010 Item #10G
EXECUTIVE SUMMARY
Agenda 11em No. 10G
June 22. 2010
Page 1 of 138
Recommendation to approve the award of RFP 10-5455, Management Services
Contract, for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs to
Limousines of South Florida, Inc. /Tectrans, Inc. for an estimated annual amount of
$6,092,167.00.
OBJECTIVE: To award to Tectrans a contract to provide complete consolidated operations
and management of both Collier County's fixed route and Paratransit systems in order to
achieve better coordination of all public transportation services.
CONSIDERATION: Requests for proposals # 10-5455 "Consolidated Management
Contract for the Collier County Fixed Route and Paratransit Systems" were solicited on
March 15, 2010. Notifications were sent to 286 finns and 49 packages were downloaded.
Five proposals were received by the closing date of April 14, 2010 and one firm withdrew
before the presentations were held. Four proposals were evaluated and ranked by a selection
committee are as follows:
1. T ectrans, Inc.
2. McDonald Transit Associates, Inc.
3. MV Contract Transportation, Inc.
4. Nationwide Transportation Systems, Inc.
By consensus of the selection committee, the recommended management firm for award is
Tectrans, Inc. The resulting contract is intended to be for three (3) years with two (2) one (1) year
renewal options. It is anticipated that further modifications will take place throughout the
contract term to provide for added or adjusted transit routes.
Subsequent to the public announcement of the staff award recommendation, the Purchasing
Department received a fonnal written protest filed by legal counsel on behalf of McDonald
Transit Associates, Inc. A copy of that protest and the Purchasing Director's decision
regarding the protest are enclosed with this executive summary.
FISCAL IMPACT: The estimated contract amount for FYI 011 I for the Fixed Route and
Paratransit Programs is $6,092,167. Funding for this contract is budgeted in Transit Funds
426 and 427 and Transit Grant Funds 424, 425, 428 and 429. The contract is supported by
several sources of federal and state funding which includes, Federal Transit Administration
(FTA) 5307 Grants recurring operating fi.mds ($253,655), Florida Department of
Transportation State Block Grant funds ($703,160), Trip & Equipment Grant funds
($587,433), FT A Section 5311 Rural Area Grant funds ($286,025) and Medicaid Funds
($507,266). The balance, after all grant funding is exhausted is supported with combined
local funding from Gas Tax (313) and General Fund (001).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action--SRT.
GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation
Element of the Growth Management Plan.
RECOMMENDATION: That the Board approves awarding the contract to Tectrans, Inc. to
provide complete consolidated operations and management of both Collier County's fixed
Agenda Item NO.1 OG
June 22, 2010
d . . d h' b .. Page 2 of 138
route an Paratranslt systems III or ef to ac leve etter coordIllation of all pu1Jlic
transportation services; and authorize the Chairman to execute the negotiated contract after
review by the County Attorney's Office.
Prepared by: Yousi Cardeso, Administrative Assistant, Alternative Transportation Modes
Agenda Item No. 108
June 22, 2010
Page 3 of 138
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10G
Meeting Date:
Recommendation to approve the award of RFP 10-5455, Management Services Contract, for
the Collier Area Transit (CAT) Fixed Route and Paratransit Programs to Limousines of South
Florida, Inc. !Tectrans, Inc. for an estimated annual amount of $6,092,167. (Norman Feder,
Growth Management Division Administrator)
6/22/20109:00:00 AM
Prepared By
Yousi Cardeso
Administrative Assistant
Date
Transportation Division
Alternative Transportation Modes
6/9/20104:04:29 PM
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Division
Purchasing & General Services
6/9/20104:34 PM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
6/10/2010 3:49 PM
Approved By
Rhonda Cummings
Administrative Services
Division
Contracts Specialist
Date
Purchasing & General Services
6110/20103:54 PM
Approved By
Norm E. Feder, Ale?
Administrator - Transportation
Date
Transportation Division
Transportation Administration
6110/20104:25 PM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
6/10/20104:37 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
6110120104:44 PM
Approved By
Michelle Edwards Arnold
Director - Alt Transportation Modes
Date
Transportation Division
Alternative Transportation Modes
5110120104:46 PM
Approved By
Natali Betancur
Administrative Assistant
Date
Agenda Item No. 10G
June 22. 2010
Page 4 of 138
Transportation Division
Transportation Road Maintenance
6/10/20104:48 PM
Approved By
Steve Carnell
Director ~ Purchasing/General Services
Date
Administrative Services
Division
Purchasing & General Services
6/11/20107:31 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/11/20109:36 AM
Approved By
Jeff Klatzkow
County Attorney
Date
6/11/20103:05 PM
Approved By
Leo E. Oehs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/11/20106:54 PM
Patrick G. White
Of Counsel
pwhite@porterwright.com
Board Certified in City, County, and local
Govemment law
Porter Wright
Morris & Arthur llP
9132 Strada Place. Third Floor
Naples, Florida 34108.2683
Direct 239~593~2963
Fax: 239..s93~2990
Toll free: 800-876-7962
WNW.porterwright.com
porter wright
CINCINNA.TI
CLEVELAND
COLUMBUS
DAYTON
NAPLES
WASHINGTON, DC
NAPLES/583646 v.01
Agenda Item No. 10G
June 22, 2010
Page 5 of 138
May 27, 2010
VIA HAND DELIVERY
Mr. Steve Carnell
Purchasing Director
Collier County Administrative
Services Divisions, Purchasing
and General Services
3301 Tamiami Trail East, Bldg. G
Naples, FL 34112
Re:
Formal Written Protest of McDonald Transit Associates, Inc., of a
Recommended Contract Award
Dear Mr. Carnell:
This law firm represents McDonald Transit Associates, Inc. (MTA)
concerning its Formal Written Protest relating to the recommended award
of Collier County RFP 10-5455 to Tectrans, Inc. (TECTRANS).
Enclosed you will please find for filing an original and one (1) copy of
MT A's timely filed "Formal Written Protest of Recommended Contract Award
for Management Services Contract for the Collier area Transit (CAT) Fixed
Route and Paratransit Program, Collier County RFP 10-5455.
We would respectfully request that this law firm and MTA be provided, in
writing, advance notice of the date and time of any meeting, or hearing set,
convened, scheduled or established to consider this timely filed Formal
Written Protest, with such written notice being provided to both parties
not less than two (2) business days In advance of said meeting or hearing.
In addition, as outlined within the Formal Written Protest, because
not all of the public records, documents, and materials requested from
Collier County have been provided pursuant to a public records
request. MTA reserves the right to amend and supplement the
Formal Written Protest once additional materials are provided.
Please provide written acknowledgement that this Formal Written Protest has
been timely filed and received by the Purchasing Director of Collier
County, and should you have any further questions please do not hesitate to
contact me.
~.~
Patrick G. White
PGW:ag
Agenda Item No. 10G
June 22, 2010
Page 6 of 138
FORMAL WRITTEN PROTEST OF
MCDONALD TRANSIT ASSOCIATES, INC.,
OF A RECOMMENDED RFP-CONTRACT AWARD
DATE: May 27, 2010
1. NAME AND ADDRESS OF COUNTY AGENCY AFFECTED AND THE PROPOSAL
NUMBER AND TITLE:
Administrative Services Division, Purchasing and General Services
3301 E. Tamiami Trail, Building G, Naples, Florida 34112
and
Transportation Division, Alternative Transportation Modes (ATM)
2885 S. Horseshoe Drive
Naples, Florida 34104
Collier County RFP 10-5455 also described as" Management Services Contract
for the Collier Area Transit (CAT) Fixed Route and Paratransit Program."
2. NAME AND ADDRESS OF PROTESTING PARTY
McDonald Transit Associates, Inc.
3800 Sandshell
Suite 175
Fort Worth, Texas 76137
3. STATEMENT OF DISPUTED ISSUES OF MATERIAL FACTS.
McDonald Transit Associates, Inc. (hereinafter "MTA"):
a. Disputes and contests that TECTRANS, Inc. (hereinafter ''TECTRANS'')
properly qualifies as the highest ranked recommended entity as set forth in
RFP 10-5455 "Management Services Contract for the Collier Area Transit
(CAT) Fixed Route and Paratransit Program, and the Collier County
Purchasing Policy," hereafter the RFP.
b. Disputes and contests that TECTRANS has demonstrated prior public transit
experience sufficient to warrant the overall first place ranking made by the
County's appointed selection committee (Committee).
c. Disputes and contests that TECTRANS has adequately demonstrated the
Page10f11
Agenda Item No, 10G
June 22, 2010
Page 7 of 138
RFP requested evidence of Disadvantaged Business Enterprises (DB E) to
warrant the first place ranking made by the Committee.
d. Disputes and contests that the Committee and Collier County have complied
with the Federal Transit Administration's guidelines and requirements for
procurement,1 specifically including, but not limited to, adhering to stated
evaluation factors and their relative importance, as set forth in the subject
RFP.
e. Disputes and contests that the Committee and Collier County have complied
with the Federal Transit Administration's guidelines and requirements for
procurement, specifically including, but not limited to, adhering to the
County's stated evaluation method specified in the subject RFP.
f. Disputes and contests that the responsive party for the RFP was TECTRANS,
when in fact, the contract, if awarded, would be signed and/or operated by the
entity "Limousines of South Florida, Inc."
g. Disputes and contests that TECTRANS complied with the RFP and other
procedural requisites as to material disclosures in that TECTRANS failed to
disclose a personal bankruptcy of one of its principal team members, and
thus, improperly certified the same as part of its proposal.
h. Disputes and contests that TECTRANS complied with the spirit and intent of
prohibitions against lobbying and related guidelines for the RFP's as one of
their team members approached a key MTA officer about prospective
employment opportunities with its competing organization.
4. CONCISE STATEMENT OF THE ULTIMATE FACTS ALLEGED AND OF ANY
RELEVANT RULES, REGULATIONS, STATUTES, AND CONSTITUTIONAL
PROVISIONS ENTITLING THE PROTESTING PARTY TO RELIEF.
On or about March 15, 2010, Collier County RFP # 10-5455 was advertised, (see
Exhibit A, RFP #10-5455 Legal Notice, attached hereto). 2 The RFP was prepared
1 The Federal Transit Administration requirements are adopted as part of the RFP in Section 30.,
thereof, entitled, "INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERM."
2 Given that the RFP and Its six addenda are a matter of public record, and are quite voluminous, MTA
has elected not to include a complete copy of those documents, as they are otherwise readily available.
Page 2 of 11
Agenda Item NO.1 08
June 22. 2010
Page 8 of 138
based upon a precise checklist of items, which stated on page one that the RFP was to
be prepared in a manner so as to "[d]etermine evaluation criteria and point value," and
thereafter, at the bottom of the same page was noted "FT A," indicating that because
federal transportation dollars were to be used in the awarded contract that the Federal
Transit Administrations (FTA) requirements were to be complied with by the RFP
process. See Exhibit B, attached hereto, RFP PREPARATION CHECK LIST (RFP
Checklist).
Thereafter, on or about March 26, 2010, a non-mandatory, pre-proposal meeting
was held, attended by MTA representatives, among other potential proposers. A series
of six addenda to the RFP were thereafter promulgated. On or about April?, 2010, the
proposal window closed, the RFP proposals were thereafter due and MTA timely
submitted its proposal for the RFP; the proposal of MTA is attached hereto as Exhibit
C3 Afterward, on or about April 28, 2010, pursuant to an April2?th REVISED
Presentation notice to Proposers for the RFP, attached hereto as Exhibit D, notice was
given of changes to the scope of the "presentations," including a change in the time
allotted, number of team members allowed, and of a "Question & Answer (Q&A) period"
to address how the proposer's fee proposal was developed. Proposers were cautioned
in the notice that the presentations were to be "oral," and any display items were to be
limited. In addition, the Project Manager was to be the primary presenter and the other
team members were there to assist in just the Q&A half of the presentations. These
requirements were followed by MT A, but were not adhered to by TECTRANS.
Of particular note at this portion of the RFP award process is the fact that nothing
in the RFP or this REVISED notice ever gave any indication to proposers that any
weight at all would be given to the presentations as one of the factors leading to scoring
and ranking of a short list of firms, nor were any "evaluation criteria and point value"
specified for presentations at all, as the RFP Checklist indicated would be the case.
MT A was familiar with many other FT A-based4 RFP's that they had successfully
3 Due to the detailed nature of the MTA proposal, only a portion thereof is provided comprising the
substance of MT A's responses to the scoring criteria and factors set forth in the RFP and its six addenda.
4 See, FTA Circular C 4220.1E. pertaining to Competitive Proposals, which specifies that an agency's
procurement procedures must specify all evaluation factors and their relative importance, and establish a
specific method to be used (emphasis added by italics).
Page 3 of 11
Agenda Item NO.1 OG
June 22, 2010
Page 9 of 138
competed for across the nation where such factors were expressly included as part of
the evaluation scoring process and such presentations were given a specified weight
and proposers were evaluated accordingly. Thus, MTA had no basis to conclude that a
proposer's presentation would effect the outcome of the scoring and ranking. Lastly,
none of the participants were sworn or under oath, and thus, unlike the attestations and
assurances required to be made by the proposers of the responsive proposals to the
RFP, such statements before the Committee could not be given the equal weight as
competent or substantial evidence as the written proposals themselves.
On or about May 10, 2010, the five member selection Committee met along with
representatives from three (3) proposal respondents to the RFP. During the substantive
portion of the meeting each of the Committee members alluded to how the prior
presentations had effected their ranking, and even though MTA scored very high across
the board, there were many comments about how their presentation had not been as
compelling or good as others, particularly TECTRANS.5 In fact, to one committee
member it suggested that MT A did not want the contract as badly as the other
proposers. Thereafter, during what was stated as a period of "public comment," the'
respective proposers were then given an opportunity to "comment," as there were no
members of the general public in attendance. These "comments" in reality turned into a
further final opportunity to address Committee member concerns expressed during the
immediately preceding score sheet review process. Thus, even those "comments" were
given weight and became part of the final ranking of proposers, even though never
made an express part of the evaluation and scoring criteria. Although MT A was ranked
second overall, to many Committee members it was the TECTRANS presentation that
gave them the narrow edge.
On or about May 20, 2010, MTA timely filed its Notice of intent to Protest, a copy
of which is attached hereto as Exhibit E.
Although TECTRANS's proposal6 appears to evidence personnel with "50 years
5 The Committee member comments were derived from an audio recording provided to MTA as part of
its public records request.
· See page 56 of the TECTRANS proposal attached hereto as Exhibit F, for its Vice President of
Government and Industry Relations.
Page 4 of 11
Agenda Item NO.1 OG
June 22, 2010
Page 10 of 138
of experience" in fixed route transit, TECTRANS's experience, being provided through
its "operating entity," Limousines of South Florida, Inc. (Limousines), is actually primarily
in the business of managing cab and charter busses, not applicable to public transit
industry management that requires many other skills possessed by MT A. Limousines,
upon MTA's information and belief, is owned by TECTRANS, who in turn is owned by
"Huron," an entity that to MTA's best information and belief, has never been involved in
public transit. Certainly, TECTRANS can not claim that Limousine, its "operating entity,"
has ever won a contract award similar to the services sought under this RFP, while MTA
has won and successfully provided fixed route and paratransit service to no less than
thirty-two such locales. In fact, of those, MT A has won the "Best Transit System in
North America" award seven times - while neither Limousines nor TECTRANS have
ever won such an award.
In further contrast, MT A is owned 100% by transit professionals and transit
providers, who, if its parent transit organization is considered, serve over 12 million
users per day, while at best based upon MTA's information and belief TECTRANS
serves less than 100,000 per day. Although TECTRANS claims to be a public transit
firm, they are essentially as to its proposed "operating entity" more of a cab firm with
electronic ticketing. Thus, upon information and belief, MT A asserts that TECTRANS
did not warrant its first place ranking by the Committee as TECTRANS's claims of
relevant public fixed route and paratransit experience are misleading and over-inflated.
TECTRANS has not adequately demonstrated in its proposal the type of
evidence upon which the Committee could reasonably rely to reach its first place
ranking. The RFP requested evidence of Disadvantaged Business Enterprises (DBE)
efforts, TECTRANS's response was solelv limited to the following information in its
proposal provided herein verbatim as it was presented in its proposal:
DBE participation Collier County Goal - 6%
Tectrans is always looking for and interfacing with subcontract providers of
services for public transit management locations. Whether the service is
cleaning supplies, printing needs, supplemental uniforms, accessories for
uniforms such as name badges, tags, name plates, office supplies, or towing
vendors, we will strive to achieve the county goal and will review the state
registration website and even assist local businesses to in the registration
process with the State of Florida designated representative.
Page 5 of 11
Agenda Item No. 108
June 22, 2010
Page 11 of 138
By contrast, MTA provided fourteen (14) pages of documentation of its proven
efforts in this regard, including a "Disadvantaged Business Plan."? And unlike
TECTRANS, which upon MTA's information and belief does not appear to have any
minority personnel in its team, MTA has minority personnel on its primary direct team of
service providers.
These obvious and significant differences make evident that TECTRANS did not
warrant the first place ranking made by the Committee as to DBE efforts demonstrated
in their RFP response.
Florida law is clear in that local governments must adhere to their defined
procurement processes in making contract awards, even when based on RFP's. The
failure of an agency to follow its own bid specifications and procedures is an arbitrary
and capricious act. See, Coin Laundry Equip. Co. v. Univ. of West Fl., 1996
WL 1060244 (1996)(an administrative agency case). Here, the Committee failed to
follow and apply the RFP criteria specified for points and ranking, added unstated
criteria based on matters raised in the presentations and public comment period, and
thus, arbitrarily re-weighed the scores in various categories on their final ranking
scorecards.
While a public authority generally has wide discretion in the award of public
contracts, that discretion cannot be arbitrary or capricious. City of Pensacola v. Kirby,
47 So. 2d 553 (Fla. 1950) held that: " . . . the law does require that where discretion is
vested in a public agency with respect to letting public contracts on a competitive basis,
the discretion may not be exercised arbitrarily or capriciously but must be based upon
1 See attached Exhibit G, comparing and contrasting the quality and substance of the respective
responses to this critical RFP item.
Page 6 of 11
Agenda Item No. 10G
June 22, 2010
Page 12 of 138
facts reasonably tending to support the conclusions reached by such agency." See
also, City of Miami Beach v. Klinger, 179 So.2d 864. The award of a contract in a
procurement is invalid if it is arbitrary or capricious. See, Liberty County v. Baxter's
Asphalt & Concrete, Inc. 421 So.2d. 505 (Fla. 1982); and City of Sweetwater v. Solo
Construction Corporation, 823 So.2d 798 (Fla.3rd DCA 2002)(under competitive bid
processes, a public authority may not arbitrarily or capriciously discriminate between
bidders, or make the bid based upon personal preference).
Where discretion is vested in a public agency with respect to letting public
contracts on a competitive basis, the discretion must be exercised based upon clearly
defined criteria and may not be exercised arbitrarily or capriciously. See, City of
Sweetwater, supra. The discretion must be based upon facts reasonably tending
to support the conclusions of the agency. See, Culpepper v. Moore, Fla. 40 SO.2d. 366;
and Willis v. Hathaway, 95 Fla. 608, 117 So. 89. Thus, although a governmental
agency has discretion, it cannot act arbitrarily and capriciously. See, Willis v.
Hathaway, 117 So. at 95; Cepelefti Brothers, Inc. v. State Dept. of General Services,
432 So. 2d 1359, 1363 (Fla. 1st DCA 1983); and Wood-Hopkinds Contracting Co. v.
Rojer J. Au & Son, Inc., 354 So. 2d 446 (Fla. 1 st DCA 1978). The discretion exercised
by the Committee was not based on the materials and proposals submitted, but rather
on the presentations and on additional new information stated to be part of the "public
comment" portion of the final Committee ranking meeting held on May 10th. MT A, well
beforehand, was lead to believe only an "oral" presentation on April 27th for a "Q&A" on
just points of clarification alone were to be made, not on any other information that was
not requested nor required. Certainly, MTA had no basis to believe these unstated
Page 7 of 11
Agenda Item No. 10G
June 22. 2010
Page 13 of 138
"factors" could thereafter alter the final rankings made by Committee members.
The unquantifiable and not previously disclosed weighting given to the
"presentations" and "public comment" effectively gutted the many hours of work and
multiple documents provided by MTA to afford the Committee great detail in all of MTA's
responses to each area of inquiry for the expressly stated criteria for consideration.
MT A was not advised that effectively a "second bite of the apple" would be given to the
RFP respondents by the Committee that could, and here impermissibly did, influence
the scored, written rankings to be made based on independent Committee member
evaluations as set forth in the RFP. In addition, although MTA had available a summary
handout at the presentation meeting on or about April 28th, they only brought two
"presenters," the corporate President. Robert Babbitt, and the local CAT operations
General Manager, Carlos Rivera. By contrast, the Committee was clearly swayed by
the four representatives of TECTRANS that were present. Thus, the Committee,
through no fault of its own, thereafter at its May 10th meeting, concluded this evidenced
that TECTRANS "wanted the contract" more than MT A and impermissibly weighed its
scoring accordingly. As a result, arbitrary and unstated criteria lead to a higher ranking
of TECTRANS by the Committee than the expressly stated and properly considered
factors of the RFP (required by the FT A) otherwise warranted.
The county's Committee relied on the presentations and answers to questions in
areas of inquiry unrelated to the stated written criteria in the RFP that all proposals were
required to follow. Thus, the Committee's first place ranking of TECTRANS in this case
did not rest upon material facts reasonably tending to support the conclusions
reached by the Committee, I.e., there was in effect a "re-ranking" of the responsive
Page 8 of 11
Agenda Item No. 108
June 22, 2010
Page 14 of 138
proposal by MTA to second place. The ranking of TECTRANS in first place is not
supported by competent and substantial evidence, constitutes an abuse of discretion,
and reflects an arbitrary and capricious conclusion reached by the Committee.
Accordingly, although through no apparent intention of the Committee members, MT A
asserts that the Committee's actions violated the RFP criteria for selection and the over-
arching FTA circular cited above, and thereby constituted an abuse of discretion leading
to a result that was both arbitrary and capricious.
Although the TECTRANS proposal indicates by the signature of Mr. Brian
Sullivan, TECTRANS's Chief Marketing Officer, that the responsive party for the RFP is
TECTRANS, when upon MT A's information and belief, the contract, if awarded, would
be signed and/or operated by the entity "Limousines of South :Florida, Inc.,"
(Limousines)8 as TECTRANS has no fictitious name or other affiliation in Florida,
although its RFP proposal claims it is doing business as, Le., "dba" as Tectrans in the
State of Florida.9
Although each Proposer was required to declare if any principal had declared
bankruptcy, and TECTRANS so affirmed such alleged fact in its proposal,'o public
records obtained by MT A under its information and belief indicate that the bankruptcy of
one of their principal team members in 2009 was not disclosed.11 This material non-
· See for example, pages of TECTRANS's proposal for the RFP numbered as part of the RFP 43, 47 _
49, and pages of the proposal numbered 132 -134,140-141 (RFP page 33), and 148 (RFP page 39),
indicatin9 that Limousines would be the "operating entity," even though many certifications and other
required signatures are made by TECTRANS as "dba."
9 These facts are evidenced by Exhibit H, attached hereto, being printouts of successive pages of the
Florida Secretary of State's Division of Corporations" database listing all entity's using fictitious names In
the state
10 See, excerpted page 53 from the TECTRANS proposal, attached as Exhibit I, being also its proposal
~age numbered 63.
1 See, Exhibit J, being a copy of a petition and discharge from bankruptcy filed by Mr. Ronald Kay
McElhose.
Page 9 of 11
Agenda Item No. 10G
June 22, 2010
Page 15 of 138
compliance with a key requirement of the RFP and the Purchasing policies that
implement it, on its own warrants disqualification of TECTRANS from cons,ideration as a
responsible RFP proposer. Lastly, upon information and belief, MT A asserts that
TECTRANS's president appears to have been previously employed as a senior
executive at Laidlaw during its filing of, and proceedings held, under bankruptcy, which
appears to have been the proximate cause of that company's stock to be greatly
devalued,12 This fact was also not disclosed, and MTA asserts on information and
belief that the RFP requirements mandated such disclosure,
These facts, combined with the approach of MT A's General Manager by a senior
executive of the TECTRANS team who is part of the Limousines "operating entity"
during the pendency of the RFP proposal process seeking to have MT A's employee
become their employee is grounds for disqualification of TECTRANS for material non-
compliance with the sprit, if not the letter, of the many local, state, and federal
prohibitions against "lobbying.,,13
5. DEMAND FOR RELIEF.
Based upon all of the foregoing, MT A respectfully requests and demands that:
A. The recommendation of the Committee to recommend award of RFP 10-
5455 "Management Services Contract for the Collier Area Transit (CAT) Fixed Route and
Paratransit Program," to TECTRANS, be reversed and rescinded by the Purchasing
Director, and MT A be placed in first consistent with the only written ran kings of the
proposals received and for TECTRANS's above-stated irregularities and non-
compliance with disclosure requirements in their submitted proposal; and that the
12 See printout of related news story, attached hereto as Exhibit K.
13 Due to the obviously sensitive nature of this assertion, which can be verified via affidavit, the names of
those directly involved have not been stated.
Page 10 of 11
Agenda Item No. 10G
June 22, 2010
Page 16 of 138
Board of County Commissioners thereafter award RFP 10-5455 to MT A as the next
highest ranked responsible proposer, and enter into negotiations for a contract with
MT A for said RFP and project.
B. In the alternative, that the Purchasing Director direct Collier County staff to
reconvene a selection committee and ensure that only the RFP-based criteria are relied
upon to recommend a shortlist of ranked firms to the Board of County Commissioners,
such that MT A has a reasonable opportunity to be awarded RFP 10-5455 "Management
Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit
Program."
6. OTHER INFORMATION DEEMED TO BE MATERIAL TO THE ISSUE
As of the date of the filing of this Formal Written Protest, MT A has not yet been
provided all of the public records that it has requested from Collier County relating to
RFP 10-5455, see Exhibit L, attached heret014. As such, MTA reserves the right to
amend and supplement its filing and this Formal Written Protest upon the receipt of
additional materials provided by Collier County pursuant to said public records requests.
Respectfully submitted by MT A through its undersigned counsel to the Collier
County Purchasing Director on May 27, 2010.
B~(l~
Patrick G. White
Florida Bar No.: 887651
Porter, Wright, Morris & Arthur LLP
9132 Strada Place, Third Floor
Naples, Florida 34108
pwhite@Dorterwriqht.com
Office: (239) 593-2900
Fax: (239) 593-2990
14 None of the e-mails sought as public records have been provided, and given the relatively brief time
period to request, have the County compile and provide the records, and then for MTA and its counsel to
review all of the materials provided, while at the same counsel for MTA was required to prepare this
fonmal written protest, said counsel Is not assured that all other public records have been provided as
requested.
NAPLESlSR3803v_02
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Agenda Item No. 10G
June 22, 2010
Page 17 of 138
~CmmtY_
M1 i .dive SeNiaIs Division
P\Jrd1a$ing
EXHIBIT" A"
Legal Notice
Sealed Proposals to provide Management Services Contract for the Collier Area Transit (CAT)
Fixed Route and Paratranslt Program will be received until 3:00 p.m., Naples local time, on April
7,2010 at the Purchasing Department, Purchasing Building "G", Collier County Govemment Complex,
3301 Tamiami Trail East, Naples, Florida 34112.
RFP # 10-5455 - "Management Services Contract for the Collier Area Transit (CAT)
Fixed Route and Paratransit Program"
It is the intent of the County to award one contract for management services to be provided and shall
include, but not be limited to the following:
. The Collier County fixed route bus transit program, known as Collier Area Transit (CAT), is
seeking a qualified firm to provide planning, operations, and management of fixed route transit
services.
. Collier County is seeking a quaiified firm to plan, operate, and manage CAP paratransit
services including: Americans with Disabilities Act (ADA), Transportation Disadvantaged (TD),
and Seniorl Non-Emergency medical transportation services.
A non-mandatory pre-proposal conference will be held on March 26, 2010, commencing promptly at
10:00 am, and will be held in the Purchasing Department Conference Room, 3301 Tamiami Trail East,
Building "G", Naples, Florida 34112. There are limited options for calling In via teleconference -
please email a request to register (brendabriihartliiJ.collieraov.net) . If this pre-proposal
conference is denoted as "mandatory", prospective Vendors must be present in order to submit a
proposal response. All statements shall be made upon the official proposal form which may be
obtained on the Collier County Purchasing Department E-Procurement website:
www.collieroov.neUbid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: ISI Stephen Y. Camell. C.P.M.
Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieroov.neU purchasino and in the Lobby of Purchasing Building "G", Collier County
Government Center on March 15, 2010.
(j)
Puittlaong Cleplrtr<<I. 3301 To""ni Trail E'st. Naples. FIO<ida 34112' www.collie<gOY.n.Vpuldlasi~
RFP 10-5455
3
.
.
Agenda Item No.1 08
June 22, 2010
Page 18 of 138
EXHIBIT "B"
.~
Jd.,Il..~-CIAIbl:
~.
Agent: ~..; l ~a-J\-
RFP PREPARATION CHECK LIST
RFP#: \0 ~4.{ ~
Task Description
\\~I;;0-
...e '<<" l4J
...----
---
state when the seconda will be utilized.
F I 'f\
G/AcquisitionslAgentFormsandLetterslRFPPreparationChecklist
Revised: 8120109
.
.
Agenda Item No. 10G
June 22, 2010
Page 19 of 138
Task Description
----
,...--
Conference Room reserved for all a Iicable meetin s
Bonds required:
roposal
erformance
a ment
Insurance R uirements Use matrix and/or consult Risk
Pro oser's Checklist denotin all uired submittals
Le al Advertisement P e
Pro ser's Non-Res onse form
Prospective proposer lists:
VSS
Supplied by requesting agency
om previous solicitation, if applicable
Internet research
-- Declaration Pa e for s. nature and additional vendor contact information
Local Vendor Preference Affidavit
---- Immi ration Affidavit
GlAcquisltlonslAgenlFonnsandLeUersIRFPPreparatlonChecklIst
Revised: 8120109
EXHIBIT "e"
Agenda Item No. 10G
June 22, 2010
Page 20 of 138
m.u
mcDonALD TRAnSIT ASSOCIATES, inC.
3800 SANDSHB.l., sutIE 176
FORl'WORTIl, TEXAS 78137
(817) 232-8851 . (817) 232...... FAX
Apri1S,2010
Collier County Board of County Commissioners
AUo: Brenda Brilhart, Purchasing Agent
Purchasing Department, Building "G"
3301 Tamiami Trail, East
Naples, Florida 34112
Re: RFP 10-5455 "Management Services Contract for the Collier Area Transit (CA T) Fixed Route
and Paratransit Program"
Dear Ms. Brillhart:
McDonald Transit Associates, Inc. is pleased to offer our services to Collier County and look
forward to continuing our long and successful relationship with the County. McDonald Transit shall
perform, under the provisions of this contract, to not only meet but also exceed the expectations of
the operation of the Collier Area Transit.
McDonald Transit was founded in 1972 and incorporated in the Slate of Texas by Mr. Alton
McDonald, a nationally recognized leader in the transit industry. Our contact person for the
team/proposer is Mr. Robert T. Babbitt, President. Infonnation on our fion is below.
McDonald Transit Associates, Inc.
3SOO Sandshell Drive, Suite 175
Fort Worth, Texas 76137
(SI7) 232-9551 (SI7) 232-9560 (fax)
Email: mcdt@mcdonaldtransitcom
bbabbitt@mcdonaldtransitcom
Website: www.mcdonaldtransit.com
Federal Employer ID: 75-1626932
The underlying philosophy of our fion in managing and operating urban public transit is grounded in
the philosophy that each system is a public service that must be responsive to the unique community
it serves. Effective management must be responsive to:
.
Users and potential users, by providing convenient, reliable, safe, and attractive service;
Taxpayers, who support the system whether or not they use it, by returning value for each
public dollar expended;
The community, by facilitating mobility, improving air quality, and easing traffic
congestion;
.
.
Agenda Item NO.1 OG
June 22. 2010
Page 21 of 138
Collier Counly Board of Counly Commissioners
, AprilS,2010
Page 2
. Policy makers, by providing professional and technical infonnation and data necessary for
decision making;
. Funding agencies, which must allocate limited resources, by insuring realistic financial
planning and fiscal responsibility; and
. Employees, by providing compensation and working conditions conducive to a professional
and well motivated work force (while..maintaining proper stewardship of tax funds).
Our proposal is based on this philosophy. We will to work to enhance a long-term partnership with
the continuing goal of providing excellent service. Collier Counly will not only have an exemplary
on-site management team, but will also have the experience, advice and active help of the principals
of our firm and the international resources of the RatpDev Group.
Our proposal is described in detail in the next sections. Our approach can be summarized as follows.
Our service is focused on the delivery and quality assurance. Mr. Rivera is a "hands on" manager
who has spent significant amounts of time out of his office in the field and working with customers
and Collier County. He has developed rapport with the supervisors and operators to insure an
organization driven by a personal commitment to safely and customer service. You will have the
personal attention of Mr. Ken Fischer, an experience Florida transit professional who has led our
efforts in Collier Counly for years. McDonald Transit and RaptDev support resources also will be
brought to bear to insure continuous improvement and high qualily.
We will continue to use subcontractors to deliver paratransit service. We plan to use at least the
following subcontractors:
1. TLC, Naples
2. Jorge Barreto, Naples
3. Fierce Transportation, Fort Myers
4. Caring Hearts Prescribed Pediatric Care Center, Inc., Naples
5. Liberty 123, Naples
6. SNL, LLC, Naples
Thank you for this opportunity. We certify that McDonald Transit will accept any awards made as a
result of the RFP and our enclosed proposal.
Robert T. Babbitt
President and CEO
~ --,
I I ' ';nlcDorwlti Irfill~i! 1I~'.lIri[lln, 1m
~_~_~ ._~_ .J
Agenda Item No. 10G
June 22,2010
Page 22 of 138
Plans & Programs
Operating Philosophy
.
Pn)\'idl! tI hri(~("lImmof')' {~rrr(J/",.\('r".\ (Jp~,,.tlliJ'J! plJilt}.\'uflh.l',
Our operating philosophy is that each transit system is a unique public service that must be responsive to
the unique community it serves. McDonald Transit's philosophy and tools are tested in the real world
every day. Key elements of our methodology for tIlis philosophy include:
.
Careful matching of management personnel to each specific assignment,
Supporting and monitoring the on-site management team with the professional
headquarters staff, several of whom have managed one or more transit systems,
Tailoring McDonald Transit policies and procedures to fit the unique requirements of
each community,
Working closely with staff to clearly define goals and objectives,
Continually tailoring services to meet changing travel patterns and demands, based on
public input,
Building coalitions which integrate transit into the community infrastructure,
Developing specific work plans to achieve established objectives, and
Measuring and reporting performance against established goals.
.
.
.
.
.
.
.
This methodology is implemented with a focus on the fundamental basis of good public transportation:
responsiveness to travel demand, on-time performance, fleet reliability, safety, courtesy, and public
awareness. To implement this philosophy, McDonald Transit has developed a set of standard operating
procedures (McDonald Transit's Quality Assurance Plan), which is incorporated in our operations. Those
procedures include but are not limited to the following:
. Financial Management
. Purchasing
. Fare Collection
. Budgeting
. Human Resources
. Training
. Customer Input
. Equipment Needs
. Performance Standards
. Customer Service
. Service Monitoring
. Maintenance
. Payroll
. General Accounting
. Passes and Transfers
. Management Information
. Substance Abuse
Operations
Service/Route Design
. Service Policies
. Run Cutting/Scheduling
. Dispatching
. ADA Requirements
. Safety/Risk Management
McDonald Transit's approach to ensuring high-quality, productive, and cost-effective service is designed
to promote ever increasing levels of performance in operations, communications, vehicles cleanliness,
personnel appearance, safety, and maintenance of the fleet. Developing and maintaining high levels
of performance require careful monitoring, accurate data. prompt review of that data, and remedial action
based in sound training practices.
Collier County Board of County Commissioners
Tab 2: Plans and Pro(edures
Page 1
Agenda Item No. 10G
June 22, 2010
Page 23 of 138
I ( , I ,mdJrmuld it ml~!IIJmH ifJ!, .., ,1w .
J_._~_~_
Contractor's Requirement
.
f1l'o\"MI.'" t"';j,~1 ,\1II1111hlI'Y l!fhmt' Proposer iUlc!J1d.'i lO.1li(till ('II1JfraL'wr',r J'l'qlJin'111l'nt.~ in this RFP.
Fulfilling tile requirements oflhis RFP will be accomplished in the following manner. First, we will
provide a high quality, on-site team to manage day-to-day operations. McDonald Transit will provide
continuous oversight of the team by monitoring the performance of the Collier County fixed route and
paratransit scrvice. Performance measurements of ridership, revenue, safety, and resource utilization are
tracked and compared with historical performance. stated goals. performance, and industry standards.
This oversight and quality assurance is led by a Managing Director who will be the personal "face of the
Company~ to Collier County. The Managing Director is a frequent visitor and provides immediate help
and supervision for the resident team. The local manager is in frequent contact with their Managing
Director through telephone, facsimiles, and Email. The Managing Director will conduct frequent on-site
reviews of operations and will utilize corporate resources to address a variety of issues and challenges.
Performance trends also are monitored at McDonald Transit headquarters to "back SlOp" the local team
and Managing Director and to insure that prompt remedial actions may be taken to avoid potential
problems. As part of the corporate quality control program, a regular on-site review is conducted on each
McDonald managed transit system. The review compares local policies and procedures to accepted best
practices in the industry and at McDonald Transit systems. A post review report is prepared and
submitted to the client. 11 includes recommendations for changes, and improvements or potential
implementation of new technological advances. Headquarters staff coordinates networking among all
managers so that each manager keeps current with changing government regulations and requirements, as
well as industry trends and innovations. The involvement and support of corporate personnel in agency
operations is a corporate standard. McDonald Transit's Quality Assurance Plan is included In the
Attachment Section of our proposal which is located on tbe Attachment CD.
McDonald Transit's approach to ensuring high-quality. productive, and cost-effective service is designed
to promote ever increasing levels of performance in operations, communications. vehicles cleanliness,
personnel appearance and safety.
Operations
.
.
Otl1liJlt' thl' methodology Ilml propo....e',. 1ri/l 11.'\(' to l'IIS!WL' qwdi(r control (~f th(' OIl-Slr{'I'/ operatioll, illdudiltJ.:
(/'(1I1.'i.I<,'rl't'l1tel'. l1u',"i is 10 ;l/dlUl" IJII-(jm" 1'l'I:frWJllCl1!ec', ol'C'raff1f".~' auIU!"t'/h.'t'lo rule... and rr:pululio11.<;, ma;IJ1l'lldlli.'l.'
1""iJic/e (~l:cJHmg('.\', If.\:e l?Ft'_\trul'('/ride.'i to minimi::e Ius.\' (~"s<'lTin'. ADA requirement.... d'U( ('U.\101JJer St"";n'.
Methodology
Implementation of our philosophy and approach rely on proven policies and procedures 10 ensure quality
control in all aspects of service. Thesc are detailed below.
On-Time Performance
Frequency and dependability of service are the two cornerstones necessary to ensure the success of any
transit agency. The dependability of transit service is based in turn on the reliability of the fleet and
whether or not we run on time. On-time performance is an essential element nf quality service.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures Page 2
mdJurwlfl fl mmlll'lsfJf i!11~ 5.l:lL
I
, , -
Agenda Item NO.1 OG
June 22, 2010
Page 24 of 138
Time cbecks will be perfonned frequently during the day with drivers as they perform tbeir woric. Radio
checks will be initiated by drivers at time check points and recorded by dispatch. Random radio checks
will be made during normal working hours by dispatch (unannounced). Additional random time checks
will be made by road supervisors, in the field, on a daily basis. All time check data will be logged and
reviewed on a daily basis. Drivers who are off schedule will be counseled by supervisory and/or training
staff with the emphasis placed on assisting that driver to perform regular work in accordance with the
published schedule.
Road Supervisors are responsible for the direct supervision of operators on the street and are responsible
for insuring an adequate level of on-time performance is maintained at all times. The N1D random trip
process is used to detennine which routes and trips are to be sampled. An adequate level of on-time
performance is defined as 98% or greater based on a minimum of 60 random observation checks
conducted on a weekly basis. A minimum of one Road Supervisor is scheduled on duty for all regular
hours of operation. Time check documentation is delivered to the General Manager at the end of each
shift for analysis and employee counseling, as needed.
Through years of operating experience, McDonald Transit has developed proven systems for monitoring,
evaluating and improving operations. These include all areas of operations with critical emphasis on
safety, customer satisfaction and security. Examples of some of these policies and procedures follow;
Oil-street Operatiolls: Fixed Route and paratransit operations will be supervised and monitored during
all hours of service. The Road Supervisor is responsible for providing on-street supervision daily during
peak periods and at random times during all service hours. Duties in the field include:
Assist customers:
.
Monitor service and service conditions
Monitor operator performance in performauce of daily trips
Report and/or correct problems
Assist and counsel operators
Supervise activities at accident scenes
Monitor on-time performance
.
.
.
.
.
Schedule adherence, and on-time pullouts and reliefs will be assured through procedures, which
include:
. Adequate pay time allowed between report time at the operations office and pullout time
from the transit lot
. Company transportation provided to relief points
. Monitoring each pull out and relief by senior staff
. Close radio communication between the dispatcher and operators on route
. Adequate relief operators on hand to cover unavoidable miss outs
. Progressive discipline for miss outs leading to tennination if behavior is not corrected.
Collier Count}' Board of County Commissioners
Tab 2: Plans and Procedures
Page 3
I ~ -
" ' imdimmld inm~il b)!![ intt"', IJn
...:I,~-"'-~
Agenda Item No.1 OG
June 22, 2010
Page 25 of 138
Surveillance OfW01'"
1
On duty Road Supervisors will each be assigned a supervisory vehicle equipped with a radio for their use
on shift. Each supervisor will have ready access to scheduling infonnation, employee rosters, current
work assignments, current overtime records, time check point times, standard fonns,) and training
records. McDonald Transit will examine lhe feasibility of having at least one (1) supervisory vehicle
equipped with a radar gun and video camera Similar to those in use by various law enforcement agencies.
Road Supervisors will spend the majority of their work hours in the field observing, assisting and
supporting the operators on shift. Road Supervisors will be expected to conduct random "supervisory
ride alongs", unannounced random field checks and respond to all situations as required. The goal is to
ensure on-time performance, safe operation, and exemplary customer relations. Equally important Road
Supervisors are tasked with identifying areas where an operator or operators may need additional training.
In particular, Road Supervisors will be expected to identify, record and manage instances of driver
behaviors:
.
Leaving check points on time
Exhibiting safe driving patterns
Observing traffic laws
Using proper driving protocol (calling out the passenger stops, collecting fares)
Practicing safe driving habits (driving with a seat belt, proper interaction with passengers,
proper radio communication)
Adherence with the mandatory unifonnlappearance policies
.
.
.
.
.
Maintenaltce Vehicle Exchanges and Exh'u Vehicles
Vehicle exchanges with the maintenance department are coordinated through the dispatch office. Fleet
maintenance identifies which vehicle is ready for reinsertion to the active fleet Dispatch arranges for
deployment of the vehicle. Similarly, those service interruptions which require a substitute vehicle are
guided by the dispatch office. Each vehicle exchange is done at a safe location and in a manner which
minimizes customer inconvenience. Collier Area Transit will continue to request a spare ratio of20%.
Assuming the 20% spare ratio is available from fleet maintenance and vehicle procurements in progress,
we will keep one extra bus and one extra minibus available for ninety second in service. This is
accomplished by conducting an advance pre- trip inspection and verifying all systems, including air
conditions and wheelchair lifts are ready for operation.
ADA Requiremellts
McDonald Transit has developed a standard Bus Operator Training program, which is included in the
McDonald Trallsit Safety Prow'am). Collier Area Transit has modified the standard training program to
mirror local market conditions and to more closely reflect the expectations for excellence envisioned by
the Collier County. The Bus Operator and Mechanic Initial and On-Going training programs contain (at a
minimum) the following elements:
.
The training program (which consists of a minimum of 160 total hours) includes
classroom instruction, behind-the-wheel training (under the supervision of a
qualified instructor) alld in service training.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
Pago 4
I
i iIIdlorwilllrum:t Ih~(ju/J!l \.Inr.
. ,
Agenda Item No. 10G
June 22, 2010
Page 26 of 138
. The training program provides fonnal retraining measures, including criteria for
determining the success of retraining efforts. A qualified instructor or supervisor will
evaluate each operator employed by Collier Area Transit System at least once every six
months, including in-service evaluation and license/medical certificate checks.
. Each operator will receive eight (8) hours of annual rc-training as part of our standard
training program.
. All vehicle operators will receive sensitivity training with regards to working with
individuals with disabilities
. All vehicle operations personnel will be trained in the assisting of mobility limited
passengers.
o Operation of the wheelchair life equipment
o Wheelchair tie-down procedures
o Wheelchair lift standee policies
o Operation of bus kneeling feature
o Public address system
o Boarding and securing of the mobility devices
o Service animal regulations
o First Aid, CPR and sensitivity and awareness of a variety of disabilities and the
medical symptoms or risks associated with the mobility impaired passengers
. All vehicle operators are required to successfully complete the defensive driving course.
. The program will include training in personal safety inclusive of theft/robbery
prevention, violence in the workplace and assault prevention.
. Qualified instructors will be required to have a safe driving record, at least two years of
professional driving experience and a demonstrated ability to provide high
quality customer service.
Customel' Sel7Jice
McDonald Transit takes a systematic approach to customer service. It begins by establishing a customer
focus in all employees. All employees are made aware that their first purpose is to serve the customer.
Training is implemented to strengthen the customer service focus. The initial bus operator training and
orientation program includes a strong service message. All supervisors arc exposed to customer service
training. If needed and allowed by the budget, a special in house customer service course is provided for
all employees. Good customer service is modeled by supervisors and managers. All employees. including
the General Manager, are involved with customers. This ranges from phone answering to regular bus
riding to assisting customer directly during special events. If an organization is to live for the customer,
it must meet customers and understand their needs. This approach facilitates that interaction and is
supplemented by ongoing market research.
Customer Complaints
Customer relations arc the cornerstone of success to any business - public transportation included. All
employees staffing the call center will be well-versed in effective customer communication and trained in
sensitivity issues in order to meet the needs of the ADNparatransit customer base.
A focus on the customer is a key ingredient of all McDonald Transit managed systems. Responsive
handling of customer complaints can be a real opportunity to establish a positive image of the system with
the customer and provide learning and guidance to front line employees. Our handling of a complaint
begins with a total openness to the customer. We make it easy for the customer to contact us. We train
Collier County Board of County Commissioners
rab 2: Plans and Procedures
rage 5
-- - I I
; r I lIDcUmw1l1lnwsii 1!.~~(!UliIH, fll(
-' Ji ~_
Agenda Item No. 10G
June 22, 2010
Page 27 of 138
eveI)' employee who has routine customer contact and/or phone answering responsibilities in procedures
for recording and responding to complaints. Each complaint is documented and entered into a tracking
system. The Company researches the complaint with the involved employee and re-contacts the customer
witb an explanation and apology as appropriate. This research can lead to changes in procedures or
policies that improve service for the calling customer and the system as a whole. Depending upon the
nature of the complaint, the customer also may be offered some form of complimentary service or
discount as a good will measure. The goal is to bave tbe customer come away with a positive experience
that satisfies their concerns, demonstrates a caring attitude on the system's part and reinforces the
customers desire to continue using the tranSit system.
)
A monthly report on complaints is prepared that categorizcs complaints (and compliments) by type and
provides trend data. The report also shows how long it took to resolve tbe complaint. The report is
circulated to all department heads and the senior management team. One of the most powerful parts of
this process is to use the complaint, in a constructive way, to improve employee performance. Each
complaint is discussed with the affected employee by his or her direct supervisor. The complaint and
employee's explanation are kept in tbe employee's personnellile. Most of these conversations are gentle
reminders of how best to meet customer expectations. In some cases the employee's behavior may
warrant discipline to reinforce the improvement message.
Dispatching and Supervision
.
P/'Ol'it/e l'raplI.'i['t.I.w'h"dult'\)iJl' (!i!.patching dllef ,wrpt'}1'isiunffJl' tltt'.fh'e,1 ,."llI(' umi ptlrul1'Cmsft .'i('I1';n',\ IInd JiSl.Wi....
!1m,. 1111'.'0(' ell,th'iI;".... will he maintained during uJl...t'I1';n' /rours.
The dispatcher is the "brain" of the operation. The dispatcher is responsible for communicating
information to bus operators regarding transfers, route and schedule alterations, in-service mechanical
failures, accidents, passenger problems, and all other schedule interruptions; coordinating and verifying
daily assignment of personnel for regular shift. replacement or re-assignment; accurately completing all
required daily reports including incident/occurrence reports; and developing and communicating alternate
routes in case of road construction or other road blocks. Dispatch coordinates with the maintenance
division for daily bus assignments and to ensure the release of vehicles scheduled for maintenance or
repair.
A dispatcher will be on duty during all hours of fixed route operation and a paratransit dispatcher will be
on duty during the bours detailed in the paratransit scheduling to follow.
Daily schedules are compiled by the dispatchers and reviewed by both the Dispatch Supervisor and
dispatchers to assure efficiency and accuracy. Daily trip sheets are then prepared and drivers and revenue
vehicles assigned to provide the service tbe following day.
Road Supervisors and the dispatchers/Supervisor carefully monitor each days work to ensure service to
eligible ADA clients is prompt and to make adjustmeots as required accounting for canceUations, no
shows and to ensure service is delivered within the proscribed "window" for pick-up. Additional vehicles
and drivers are added wben necessary to ensure quality service to the citizens of Collier County.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
rase 6
I ,HldJWllIllJ l,w[',!1 !)~,rld!i!f".llt1
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Agenda Item NO.1 08
June 22, 2010
Page 28 of 138
The schedules we plan to use for dispatchers and road supervisors are as follows:
1,,,\ (ill I': 'p 'T\ bt I 1 j}I' P {r ill) -: Dll.p,JI, 111'1 ~ Ihlicl
Di'p.lh III I
Sunday Report Off' OIT 11:30 am 4:00 am
Off Of Of R :30 pm 1:00pm
Monday Report 011' 3:40 am 12:30 pm
Off all' 2:40 pm 9:30 pm
Tuesday Report 3:40 pm on' 12:30 pm
Off 12:40 pm Of 9:30 pm
Wednesday Report 3:40pm Off 12:30 pm
OfT 12:4Qpm Of 9:30 pm
Thursday Report 3:40 pm 6:00 am 12:30 pm
Off 12:40 pm 5:00 pm 9:30 pm
Friday Report 3:40 pm 10:30 am OfT Off
Off ] 2:40 pm 9:30 pm Of Of
Saturday Report 3:40 pm 10;30 am OfT OfT
Off 12:40 pm 9:30 pm Of Of
Sunday
Monday 3:45 am Off 12:30pm
12:45 pm Off 9:30pm
Tuesday 3:45 am 12:30 pm OfT
12:45 pm 9:30 pm OfT
Wednesday 3:45 am 12:30 pm OfT
12:45 pm 9:30 pm Off
Thursday 3:45 am 12:30 pm 9:00 aniJ'ARA
12:45 pm 9:30 pm 6:00ipmPAitA
Friday 3:45 am 12:30 pm 8;00 am
12:45 pm 9:30 pm 5:00 Plll
Saturday Ofr 12:30 pm 3:45 am
Off 9:30 pm 12:45,)l1ll:
Collier County Board of County Commissioners
Tab 2.: Plans and Procedures
Page 7
Agenda Item No. 10G
June 22, 2010
Page 29 of 138
'.1 ,IDdJuHifl!llwmt! 1i!\IJl!UrH. tnL
)
Sunday
Monday 8:30 am
5:30 pm
Tuesday 9:30 am
6:30 pm
Wednesday 9:30 am
6:30 pm
Thursday Off
Off
Friday 9:30 am
6:30pm
Saturday Off
Off
Sample Repol'ts
, .
.\'lIhl11;1 n'flfJ'" .'OWlIl,/t.s andfiwJ1ls addrl'.U;ll)! till ".\flt'CIS (~/IIJ(..' tl/lt'rtlfhms. ilJdlldil1~ Jril't!rs' pn'~"1f1 ami post-trip
i1l.\fll't firm:.., WI li11l(' pt'l:fol'mann' ,-/rl'ck... mOTlitllrillg f~lol'l'r/1t(lr.\' 'l'e':fa,.",cm('I,.'. dis/>CJld, log.., dai~l- fJ/)I.'rdt;oIlS
f't1'fJrts. alld \'c"idl' a...,o;igllmt'IJI....
Reports used for all aspects of operations include, but are not limited to:
.
Bus Assignment And Mileage Sheet
Daily Log
On Time Performance Sheet
Operator Evaluation Report
Daily Report Of Employees
Daily Service Hours Report
On Time Performance - Fiscal Year By Route
Customer Service Statistics
Daily Report Of Operations .
Ridership
Drug And Alcohol Test Type Report
Drug And Alcohol Testing MIS Data Collection Form
Service Report
.
.
.
.
.
.
.
.
.
.
.
.
Collier County Board of County Commissioners
Tab.1: Plans and Procedures
Pogo 8
I . HlI fhl'wld Immn !iwnHllo. tilt
Agenda Item No. 10G
June 22, 2010
Page 30 of 138
. Request For Schedules
. Daily Bus Inspection
. Supervisor's Supplemental Report
Examples of these reports and ('elated forms are included in the Attaclrment CD.
Safety
.
h'IW;clt. Jt's('riptillll o/frol'(JSL'" ',Ii SystL'''' S(~Ii.-~\' PrtJf!.ram Phlll (.s:f)Pp'J. induding lIC('MC'IU p""1'('mion; "(Jml.
('(Jldpmellf <<lJclJ(l(Ht~~. IIum;lor;ng; l'mt'QWIU:I'rrl'panItIOJr; dllll (1e'('Ment /"(',,/1(1/1,\,(', inl-{'.'iligalio/l. uml"('}HII'Iing
{u.(I(.(.dlirt'....
TIle safety of the public, our passengers and personnel is our first priority. All personnel receive
extensive initial and on-going safety training. Employee involvement in all safety programs is
encouraged (accident review committee, check rides and safety meetings as examples). Safety at
McDonald Transit's system is a team effort focused on developing and maintaining safe practices.
McDonald Transit takes a holistic approach to risk management and safety in the finn belief that all
members of the organization, not just the bus operators, must contribute to the safety of employees,
passengers, and the general public. Elements of our successful safety and loss control program include:
Safe Revenue Vehicles: Safe vehicle operation begins with specifying and procuring revenue vehicles.
which are inherently safe in tenns of maneuverability, operator vision, braking power, etc.
Safe Operating Routes and Schedules: Safety is built into routes and schedules through such
techniques as allowing adequate operating time, minimizing left-hand turning movements, and avoiding
dangerous intersections when possible. Route safety may be enhanced through capital improvements,
such as increasing curb radii and street widening.
Safe Working Environment: Safety in transit shops and offices is promoted by demanding a high level
of cleanliness and physical order, by providing safety devices such as eye goggles and hard hats and
enforciug their use, by publishing written safety rules and reminding employees of safely through posters
and bulletins. and by working closely with safety inspectors provided by the workers compensation
insurance carriers.
Sereenin~ of Job Aplllieants: Initial screening assures all new hires have a proven record of safety with
regard to driving and job associated physical and mental abilities. The pre-employmenl physical assures
that each employee is physicaJly fit and free of chemical dependency. Applicants must pass the
Department of Transportation (DOT) physical including drug screening and have a Department oEMotor
Vehicles record clear of moving violations for three years.
Safet)' Oriented Training: The bus operator training program emphasizes prevention of accidents
through attentive and defensive driving, claims reduction through proper handling of passengers after an
accident, effective use of radio communications, obtaining witness references, monitoring the accident
scene, and completing thorough accident reports in a timely maimer. Proper safety procedures are
reinforced at regular safely meetings.
Detailed Documentation and Review of all Accident. and Incident.: Accurate data collection and
analysis is essential to effective risk management. Through identification of problem areas and trends,
corrective measures are applied through adjustments in training program, retraining of individuals or
Collier County Boud of County Commissioners
Tab 2: Plans and Procedures
Page 9
Agenda Item NO.1 OG
June 22, 2010
Page 31 of 138
" "WdJWII.lII1 TrmI5ilI15.'!imir!ft~, liII.
,
, ,
groups, special emphasis on safety meetings, and avoidance or removal of physical hazards and
conditions.
I
Emplo~'Ce Im'ol.-ement: Employee peers are included in accident review commillees. They participate
in the review and classification of accidents, and in suggesting improvements and safety programs.
Positive Reinforrement: Accident free perfonnance is reinforced with awards and recognitions.
McDonald Transit is the leader in negotiating cash safety incentives into labor agreements.
Individual Counseling and Retrainloj!;: Special counseling and retraining are conducted as needed,
based on accident data analysis and continuing observations of operators on the job by supervisors, safety
instructors, and independent professional checkers.
Progressh'e I>iscip1ine: While monitoring, counseling, and retraining are aimed at helping operators
acquire and maintain safe performance, progressive discipline, eventually leading to possible termination
of employment. is utilized for preventable accidents and unsafe acts if attempts to modify behavior are
not successful.
Efficient Vehides: McDonald Transit systems are pioneers in the use of smaller vehicles and alternative
fuel power systems. We operate traditional diesel, clean diesel, CNG, propane, biodiesel, and electric
vehicles.
Accident Pl'evelttioll
In addition to the Safety Plan elements, the entire organization is focused on safety. Our record is
exceptionaL The daily steps which insure success include:
.
There is a written, up-to-date Safety Program, including:
o General Policy
o Vehicle Operator Safety Rules
o Maintenance Safety Rules
o General Safety Rules
o Safety Officer
o Supervisor's Role/Accident Scene
o Hazard Communication Program
o Compliance with the Occupational Safety and Health Act of 1970
Agency performs a trend analysis of its accident experience at least annually covering a period of
at least, the last three years.
Employees are reminded of safety importance through posters and other media.
Accident records include detailed investigation, review, and follow-up actions.
Accident review committees are used to allow peer review of accident (including on-the-job
injuries) preventability.
Accident free performance is reinforced with awards, recognitions, and cash incentives.
Preventable accidents and unsafe acts result in progressive discipline, eventually leading to
termination of employment, if attempts to modify behavior are not successful.
A safety record of no more than 3.1 accidents per 100,000 miles, and 1.3 preventable accidents
per 100,000 miles, will be maintained.
Accident data are gathered and reported on:
.
.
.
.
.
.
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Collier County Board of County Commissioners
T.b 2: Plans and Procedures
rage 10
I
..I .,., }I!dlniwlli Ir Hmill!u!li i[jll 'l, 1m.
Agenda Item No. 10G
June 22, 2010
Page 32 of 138
o Collision accidents
o passenger accidents
o preventable collision accidents
o preventable passenger accidents
o miles between accidents
o miles between preventable accidents
o accidents by time of day
o accidents by day of week
o accidents by operator
o accidents by route
o accident by location (i.e. passenger stop, intersection)
o on-the-job injuries
o on-the-job injuries by type of injury.
o Accident data is compiled into reports which compare current year accident data to same period
previous year and graphically depicted for ease of use.
o Through identification of problem areas and trends, corrective measures are applied through
adjustments in the training program, retraining of individuals or groups, special emphasis on
safety meetings, and avoidance or removal of physical hazards and conditions.
. Conduct monthly workplace safety inspections, and correct unsafe conditions in a timely manner.
o On-th.e-job injuries are reported in a timely manner.
o All accidents and accident trend analysis records are reviewed quarterly by the Managing
Director with the General Manager.
Accident/Incident Repol'ting altd Investigation
EIllDlovee Illillrv Renor/illf! All accidents involving company employees will be forwarded immediately to
Operations Department supervisory personnel and the insurance company claims department (unless self-
insured).
Elllolovee Renorl Employees who sustain injuries in a job-related accident must report the injury to a
supervisor immediately whether or not medical treatment was given or time was lost from work. The
supervisor will instruct the employee to complete an Employee's Report of Injury fonn as soon after the
accident as practical. The form must be filled out completely and accurately, including:
. Name, current residence, address. and telephone number.
. Precise description of the location where the accident occurred.
o Exact description of the injury, including the part of the body injured.
. Detailed description of how the accident occurred.
. Thorough description of any machinery, tool, or equipment involved in the accident.
SlIoet1.isor Renor, Supervisors are responsible for completing a Supervisor's Report of Injury form
immediately following notification of the injury by the employee. The fonn must be filled out completely
and accurately, including:
o Name and address of attending physician or medical facility. (If no medical treatment is
administered, record "none').
. Name and address of all witnesses and other employees present at the time of the accident (if
any).
o Last date the employee worked prior to disability caused by the injury.
Collier County Board of County Commissioners
Tab 2: PLan..nd Pro<edures Page 11
Agenda 11em No. 10G
June 22. 2010
Page 33 of 138
, :W( lJmmld fmmi! JI~~lId!llf~, im
,
,
SUTJeM,jsor FollolV-uTJ RI!TJort Following a full investigation of the accident in which the employee was
injured, the supervisor must complete a Supervisor Report of Injury Follow-up Fonn. The form must be
filled out completely and accurately, including:
. Date the employee returned to work.
. Exact cause of the accident.
. Steps taken to eliminate the act or condition that caused the accident.
All employees who miss work as a result of a job-related iIliury must present a wrillen medical release
from the attending physician to their immediate supervisor prior to. or upon, return to work.
Vehicle Accideltt Reporting
Any employee involved in a vehicle accident while operating company-owned vehicles or equipment, or
in a private vehicle on company business, must report the accident to his or her supervisor immediately.
Failure to report an accident immediately or any attempt to conceal or misrepresent the facts of an
accident shall be cause for immediate dismissal. In the event of an accident operators should:
S/o/} And Remain AI The Scene Operators should remain at the scene until told they may leave by a
company official. They should not move the vehicle from the point of collision until instructed to do so
by a police officer or company official. unless there exists a clear safety bazard for the passengers on
board or for other motorists. The vehicle's emergency flashers should be illuminated immediately.
Rentler Assis/ollce To The III;ured In the event of personal injury to either a passenger or a person outside
the bus. operators should render assistance to the best of their ability. Operators should not render first
aid unless they have been trained to do so and should not move an injured person except to avoid danger
or further injury. Operators should not ignore anyone's claim of injury regardless of their own opinions
about the validity of the claim. They should note and report any statement of any person who claims to
be injured. their own observations. and the comments or observations of others concerning these injuries.
Operators should never tell persons claiming injury or damage they will be contacted by the company.
Rev"r/ To The Disvalclwl' Bv Radio Operators should report the accident and any injuries immediately to
the dispatcher by radio. The dispatcher will contact a supervisor, the police. and call for an ambulance. if
needed. If the radio is inoperative, operators should ask a non-injured passenger or another motorist to
call the police and/or the Transit Service office.
Pro/ecl Possen)!"r, From FlIr/f1erlllillrv If the accident occurred in a location where another vehicle
could become involved due to a blind curve, etc., operators should set out four reflective triangles or
flares, or seek assistance from someone on the scene to flag down approaching vehicles. The bus should
be evacuated only if the passengers are endangered by remaining on the bus. Operators should count tile
passengers on the bus at the time of the accident. Occasionally, a passer-by will aUempt to get on a bus at
the scene of an accident and claim to be injured.
G;,'e [1I(ol'mo/io/l aI/Iv 10 the Avorool'iate AtIIllOI'ities Operators should make no statements about the
accident either at the scene or at any time to anyone other than the police and authorized company
persOlUlel.
Collier County Board of County Commissioners
Tab 2: PI.... and Procedures
Pag.12
I
f ,mcDlJnald Trallsil fl~w( ifllr, 1m
Agenda Item No_ 10G
June 22, 2010
Page 34 of 138
)
Ob,-en'e 171C Scclle Operators should observe everything around the scene of the accident, survey all
injuries and damages, and make notes of their observations and any evidence they notice. Some
infoImation for the accident report can only be obtained at the scene.
Secure Witnesses Operators will be responsible for distributing Courtesy (Witness) Cards to passengers
and persons on the street. When approaching witnesses, operators should request their name and address
quietly and courteously. In securing witnesses either on the street or in the vehicle, operators should
never ask, "Did you see the accident?" Instead they should pass out the Courtesy Card and say, "The
Company requires me to get the names of ALL my passengers (or all persons in the near vicinity of the
vehicle). May I have your name and address please?" Many times persons who did not see the accident
happen can nevertheless give valuable infoImation pertinent to the cause or result of the accident. It must
be indicated on each
Courtesy Card whether the witness was a passenger in the company vehicle, the other vehicle involved, a
passenger or driver of some other vehicle standing on the street or ;0 the vicinity of the accident.
Wail Fol' Helv Wait for the arrival of the police, ambulance requested, and supervisor.
RC/Jort To The SlIv,m'isor At The Scelle When a supervisor arrives on the scene, operators shall follow
their instructions exactly and address any questions or comments only to him or her. Operators shall only
answer questions from the police, company officials, or a properly identified investigator from the
insurance company_ Operators shall not discuss an accident with anyone other than the appropriate
authorities. In no instance shall operators involved in an accident contact any of the parties involved in
order to discuss the occurrence. If operators are injured, such injury must be reported and the proper
forms filled out promptly for an on-the-job claim to be valid.
COII/vlete All Accident Reaol'ti",! FOl'ms The employee will be responsible for accurately completing all
accident reporting forms as soon as possible following the accident, but no later than the end oftbe day.
If the employee is unable, due \0 injury, to complete the accident reporting fonn on the day of the
accident, the supervisor who investigated the accident will complete as much information as possible and
follow-up with the employee to complete the form as soon as practical.
Accident Investigatio1t
A manager or supervisor will respond immediately to every accident reported. Once on the scene, the
investigator will be responsible for: providing assistance to injured employees and/or passengers,
coordinating the investigation with responding emergency personnel, gathering information that will lead
to a decision of preventability and assisting tbe bus operator in the distribution and collection of courtesy
cards. Following the accident, the investigation supervisor or manager will complete an accident report,
including comments gathered from the bus operator and witnesses. General Manager will be responsible
for securing a copy ofthe police report to attach to the accident report.
Accident Review
All vehicle accidents (whether or not injury results) will be reviewed and a determination ofaccident
preventability will be made independent of the police officer's detennination; regarding the issuance of a
citation(s). Preventability is defined by the National Safety Council guidelines which state that a
preventable accident is one in which the driver fails to do everything reasonably possible to avoid the
accident. All work-related accidents will be detennined to be preventable or non-preventable after a
complete investigation.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
rage 13
,
I ,11/: Umw!tJ iHJ!l~il J!WJf ill.tH, 1m.
. . .
Agenda Item NO.1 OG
June 22, 2010
Page 35 of 138
An Accident Review Committee made up of supervisory personnel, maintenance personnel (for vehicle
accidents only), and one or more of the operator's peers, will review the facts of the accident and rule it
either preventable or non-preventable. Following review by the Accident Review Committee, all pertinent
records or documents will be submitted to the employee's immediate supervisor who will take remedial
action. when needed, to improve the employee's safety attitude and perfonnance. The employee will be
advised of the facts and circumstances considered during the review process and of the findings upon
which the accident was determined to be preventable or non-preventable. A copy of the findings will be
placed in the employee's personnel file.
\
Hazard Identijication/Resolutiolt Pl'Ocess
Our team identifies and resolves potential hazards through on-site inspections and tbe establishment of
safety committees. An on-site inspection of transit system facilities will be conducted annually using a
Safely Inspection Form. Reports of inspections will be submitted to the General Manager who will
analyze the results and develop an action plan for implementing needed improvements. For any bazards
that cannot be immediately corrected, a target date will be set based on !he probability and severity of an
injury resulting from !he hazard. Outstanding uncorrected hazards will be reviewed and their correction
progress monitored and reported monthly to the General Manager. Quarterly inspections of transit system
facilities will be conducted by the General Manager. In addition, upon the request of an employee or
supervisor, the General Manager will conduct an inspection of specific work areas to delect and act upon
potential unsafe conditions or unsafe procedures to assure employees of management's continuing interest
in correcting safety deficiencies.
In addition to the facility inspections. we will establish safety committees to identifY potential hazards and
develop creative solutions for eliminating andlor mitigating the risks. In addition to supervisory
representatives, the committee will be made up of employees from all areas of the transit system
including operations. maintenance, and administration.
Safety Committee members will meet at least one time quarterly. Committee members will:
regularly review company safety policies and procedures and make recommendations for improvements
and review and comment on facility inspection forms, accident statistics, and accident trend analyses.
Emergency Response Pla1t1tiltg/Coordinatiolt/Tmilting
Transit personnel will work hand in glove with emergency persol1l1el in the area to design emergency
policies and procedures that will mitigate the impacts of accidents. Plans developed will include
identification of responsibilities and response needs, coordination with outside agencies, and emergency
drills as part of a training program. Emergency Response Procedures will be distributed to all personnel,
and reviewed and revised as needed at least one time annually.
Safety Incentive Program
McDonald Transit encourages accident free performance and safelY improvement with awards and
recognitions. Rewards are given for no reportable accidents and no Workers' Compensation claims,
safety perfonnance improvement and safety solutions and suggestions.
)
Collier County Board of County Commissioners
Tab 2: Plans ond Procedures
rage 14
Agenda Item NO.1 OG
June 22. 2010
Page 36 of 138
. :mtDonuld Trarnil n~~!J( l!ill" im
.. .
Emergency Preparation
The security and emergency management plans are an integrated system security program, including
regional coordination with other agencies, security design criteria in procurements and organizational
charts for incident command and management systems. Security responsibilities are defmed and
delegated from senior management through to the front line employee. All operations and maintenance
supervisors, forepersons, and managers are held accountable for security issues under their control.
Security orientation or awareness materials are provided to all front-line employees and ongoing training
programs on safety, security and emergency procedures by work area are provided.
Periodic reviews of security policies and procedures are conducted. Tabletop and functional drills are
conducted. Exercises are coordinated with regional emergency response pIoviders.
Protocols in the fonn of a plan have been established to respond to the Office of Homeland Security
Threat Advisory Levels. The security plan contains specific response measures for each of the seven
threat advisory levels.
Storm Emel-gency Plans
McDonald Transit/Collier Area Transit provides hWTicane preparation to team members starting in spring
of each year. In large storms, transit systems are used to move people to shelters, and to provide service
as long as possible to allow the transit dependent population the opportunity to obtain supplies.
McDonald Transit/Collier Area Transit operates under the philosophy of "We will rUD service as long as
we can, and will resume service as soon as conditions allow."
The pre-storm plan action steps include, but are not limited to:
.
Contacting each employee.
Purchasing and securing water, ice, and snacks for use as employees return to work.
Staying in contact with Collier County Director, Senior Planner and EOC.
Coordinating information to public through Collier County Department Director, Senior Planner
and EOC.
Notifying FOOT and IT A of status.
Ensuring fuel availability.
Ensuring tire chemical is in stock.
Reviewing communications; I) telephone lists, and 2} radio back-ups
Locating two alternate site locations.
Relocating fleet if necessary
Following CollierCounty's IT protocols (enclosed) for hardware and software. Back-up Collier
Area Transit computer files.
.
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The Post-Stonn Emergency Plans are:
.
Staying in contact with Collier County Department Director, Senior Planner and EOC.
Assessing facilities and fleet
Assessing road conditions
Assessing need to operate from alternative site
Watching for staff and employee stress. Provide as much rest, information and support to staff
as possible
.
.
.
.
Collier County Board. of County Commissioners
Tab 2: Plans and Proc.du....
Page t5
Agenda Item No. 10G
June 22, 2010
Page 37 of 138
I
I imdhmuiri irumilll\}utiU!lS. JII!,
. _ , ~, 1
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Assessing need to use tire chemical
Notifying FDOT and ITA of status
Return to normalcy as soon as possible.
i
.
.
Federal Drug and Alcohol Testing Program
.
.
!1u!inlfe iltJl1' Prol'rl.\('1'1\'jf{ ('omp"- with all r('{/ui,.e11lellts rdating to thl' Ft'dt,rtll Drug tlnd Alcohol r,>sting Program
(lml.lm,'/lnlll.\ with Disnbilitie:. Act.
All employees will be required to pass both a drug and alcohol test prior to employment with McDonald
Transit All drug aod alcoholtesling will be done by DOT certified collection site(s) and labomtory(s).
McDonald Transit will work with the Collier County's staff to identify locally appropriate certified sites.
In all cases, proper chain-of-custody guidelines will be followed and DOT requirements will be met.
McDonald Transit will implement a DOT compliant dl1lg and alcohol testing program based on random
selection process generated by a DOT approved computer software and administered by a third party.
ADA compliance practices are discussed in the Opemtions section above. McDonald Transit systems
consistently receive favorable findings on their ITA Triennial Reviews for both Drug and Alcohol
Programs and ADA compliance. The McDonald Transit System Safety Program Plan has been
included on the Attachment CD.
Customer Service
.
.
Dl'SC','iht' CW./OWl'" ,\(,/1'1'n' f"'Ogram. indudi1Jg ,.evwndiHj!. (u u(,\lom('J" jllcluirit's alld CIIIl(r'r1l.\. lrlJckillg aud
rt'porting cOlln'l'Ils, alld JC't'e/oping nmvNil'I'. actiolls hll.~f'd on/l'(',/huck.
Customer satisfaction must be measured on an on-going basis. A number of mechanisms can be used to
gauge the level of customer satisfaction including on-board passenger surveys, passenger focus groups,
complaint/compliment monitoring, customer feedback cards placed on buses, etc. The infonnation
obtained through these mechanisms will be used to improve the delivery, safety and dependability of the
service.
Tracking altd Reportiltg Concel'11s
McDonald Transit/Collier Area Transit will keep a log of all complaints and comments received from the
public. All letters received either complaining, complementing or commenting on Collier Area Transit
service will be retained on file and copies delivered to Ms. Michelle Arnold within two working days of
receipt detaining Collier Area Transit's response. We have created email access versions of customer
reaction for two of our clients and will do so for Collier if requested, at no fee. Our Collier Area Tmnsit
team will continue to use customer feedback as a tool in retraining employees and correcting problem
behavior by employees or subcontractors. Our analysis of quarterly communication forms the basis of
changes in quality assurance field supervision also.
Customer Feedback ProcedU1'es
While McDonald Transit strives to provide superior service to its customers through high quality training
programs, customer-oriented policies and procedures, and a daily commitment to excellence in the
delivery of service, constructive feedback from customers is always welcome. When the actions of
Collier COW1ty Board ot County Commissioners
Tab 2: Plans and Procedures
Page) b
I
. ' . I iIlr f!mlilld Immil !l5~!I[i[W 5, If!!
" . -1_
Agenda Item No. 10G
June 22, 2010
Page 38 of 138
McDonald Transit or its employees fail to measure up to the expectations of customers, every effort will
be made to listen to the customer's concerns and make adjustments where needed,
McDonald Transit has established a process wbereby customers can provide feedback to the organization
so customer service issues can be identified, addressed andlor corrected in a prompt fashion. Customers
can provide feedback through a number of ways including telephone, emails, letters, or face-to-face
meetings.
At all times, McDonald Transit employees are expected to be compassionate and understanding when
dealing with customers, Employees should strictly adhere to the following customer service best
practices when dealing with customers:
.
Greet customers in a friendly manner.
Smile (even on the telephone, a smile makes a difference in the tone of the employee's voice).
Listen and be courteous.
Make eye contact when both speaking and listening.
Use a pleasant tone of voice.
Educate customers about departmental services, policy, and procedures without becoming
confrontational or rude.
Offer alternative solutions when possible.
Apologize for McDonald Transit's failure to meet the customer's expeclations--<oven if those
eJ<peclations appear to be unrealistic.
Encourage the customer 10 contact the agency again if the problem reoccurs or is not corrected to
his or her satisfaction.
Provide the customer a complimentary one-way ticket as a means of saying "thank you" for the
feedback.
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Every effort will be made to correct service delivery problems reported by customers. When customer
feedback is received by McDonald Transit staff:
1. The person receiving the customer feedback will document the comments on a Customer
Comment Fonn and immedialely forward the fonn to the General Manager.
2. The General Manager or hislher designee will investigate the circumslances that led to the
customer comment, including Ihe name of the employee(s) involved.
3. The General Manager will provide a response to the customer by phone, email, letter, or in a face-
lo-face meeling within 48 hours from the lime the comment was received.
4. When necessary and appropriate, the employee involved in the incident(s) will be complimented,
counseled, andlor disciplined.
5. Responses to the customer, including date and time of response, will be documented on 1l1e
Customer Comment Fonn.
6. All Customer Comment Fonns will be filed by year and kept for a minimum of three years.
The General Manager will prepare a monthly customer comment report no later than the 15lh working day
of the monlh. The report will include the number of cuSlomer comments received:
.
by type (employee behavior/attitude, safety, route timeliness, vehicle/facilily cleanliness,
passenger comfort, olher)
for the month
for the month compared to the same monlh the previous year
.
.
Collier County Board of County Commissioners
Tab 2: Plans and Proceduns
rAse 17
, ,1IIIdiiJJltlhllwmi! II~~UI ifllH,lm
. .
Agenda Item No. 10G
June 22, 2010
Page 39 of 138
. year-IO-date
. year-to-date compared to the same year-to-<late period the previous year
)
Fare Sales Program
.
Oralim' trmrsil./ilt't, .'if,h',\ progn.mJ. including salt' (!"'nm...ilcickCf\ unci p"......{.s 10 thl' puhlk wIll t'l11pllJY('''~,
The goal of the transit fare sales program is to provide convenient access to bus passes/tickets for
passengers: the higher the number of sales outlets, the greater convenience to passengers. Grocery stores,
government buildings, banks, and credit unions are particularly good locations for sales outlets. Servicing
sales outlets is labor intensive, so the need for convenience should he balanced with the lime necessary to
service the outlets. It is important to create a target minimum threshold for sales at each pass/ticket sales
outlet. In addition to offering passes/tickets for sale, the outlets are encouraged to provide space for
Collier Area Transit route and schedule infonnation.
Collier Area Transit has a fare and pass sale program in place. It will be continued and enhanced. In
addition to collecting cash fares, operators sell most passes directly to customers on the vehicles. Marco
Island Express passes are nol sold on the vehicles but handled though the office or sold by staff directly to
hotels. All passes also are available at the transit office. There is thorough security and daily receipt
reconciliation process in place to insure that pass sales are accurate. This process is enhanced with
random checks of pass sale activity. CAT is currently working with the County and planning
implementation of a customer service representative sale of passes at the permanent transfer location at
the Government Center.
Customer Service Program
.
Dc'liu(,c1h' how cU..trJIIJ('" ....el'.in' progrflll1 will be.- 111tmiw1""c! [0 i'lISUI"t' ,lit' dl'li\,t'I)" (~I alli!!./z qHClIi~\' S("1'[('('.
Monitoring of customer service is an integral part of managing the transit system. In several other
sections of this Tab we described activities that ensure delivery of a high quality service. These include
but are Dot limited to:
. Service monitoring by dispatchers and street supervisors
· Reporting on on-time perfonnance
. Response time criteria for getting infonnation back to customers
. Training in customer service
. Evaluation of customer service in our quality assurance reviews
. Regular reporting on trends in customer complaint and effecti veness in response
. Customer focus throughout the organization
· Personal involvement oftop management in the process
These are the detailed techniques that are used to assure that customer service is the prime focus of the
entire organization. Simply put, we monitor customer service by instilling it in all employees, making it a
key part of their job, evaluating their performance using customer service metrics, evaluating the system
as a whole for its commitment 10 customer service, assessing customer satisfaction and maintaining a
dialog with the County on our performance in this key area.
CoHierCounty Board of County Commissione.rs
Tab 2: Plans and Procedures
Page 18
Im[~!~l1H1ld I, wl.sill!s~1!J illl,), I,/f
. " '"
Agenda /tern NO.1 08
June 22. 2010
Page 40 of 138
j}[uillteIlQIlCe
.
Pro\'idl,' dtf,\{'ril',jon l~fPI'()P()sL''''s mailllt'l1c1l1Cc' J?I'OJ!.I'Clnl fhal will 1111:'t'1 (hi.' ('OII1l(r '.\" rl!c/1II1"1:11I1..'!U\', nh' phm mUst
jnt'huh' thc' f;Jllou'jng training c'WlIf)(lIlc'11J_\: PI'(',Ot'llfUtil'(' wabur-lUln,',' prrlgl'lllll. numilHrill{: (~r\.,,"it1t' (lml ('qllipl1lt'1II
/'I'pdi!'s. air (l)llditioIl111J!. und h('(/li"~ m"in't'lwnf'l' llnd rt1,,,irpnlgrllm. .\[11'c'i(/!i:ecl ('quil'lI/c'llI pIlJ1!r1l11l. prins
illn'wory. am/ 1"L'nml "-"('pin!!. (lIJd w'{"ollming ,"po/e'm. D,>.l;.t,.ihe !n",I1t1(/%gy to f.'nsll/"(' t.jWtlilY nJ1llro/ 01'111"
maim/'mlm'e prugram. il1t'1udl',g ('IIJlll'ing f(}lloll'.lIp (~"dt:li.'('fi\'t' ir"11J.\'.
McDonald Transit is presenting an option to perform all vehicle maintenance. The processes described
below would be applied to fixed route and paratnmsit maintenance. Staffing for the maintenance function
is shown on the organization chart later in this section.
McDonald Transit's approach to vehicle maintenance is one of a total commitment to the concept of
preventive maintenance (PM). The goals of our PM program are to ensure that vehicles are safe to
operate, reliable, clean, achieve the best performance at the least cost, and obtain their Dl~1Il1iliI.l.l~
life. The success of our PM program results from strict adherence to
a progressively detailed schedule of servicing, adjustments. and
inspections based on predetermined intervals.
[n order for the PM program to be most effective, it must be
designed for specific vehicles, incorporate all manufacturers'
recommendations for servicing and repairs, and fit the vehicle's
opernting conditions. As the principles of PM are implemented, the
nwnber of emergency repairs will decline, the safety program will benefit, maintenance costs will be
controlled, and schedule adherence and publie relations will improve.
In order to implement a sound PM program, procedures and checks are established at three levels: the bus
operator, service personnel, and mechanics.
Bus Ol1erator Pre-TriI1IPost-TriI11nsl1ectiolls alld Vehicle COllditio/l Reports The bus operator is the
key element in implementation of two critical components of the PM program: (I) pre-trip inspections,
and (2) reporting of vehicle defects. We have established procedures whereby bus operators are trained to
complete a checklist of inspections prior to operating a vehicle in public service. Pre-trip inspections are
designed to detect problems in such areas as lightiog, tires, and safety equipment before failures occur
while the vehicle is in service. An additional responsibility of bus operators in the PM program is to
monitor the operating condition of the vehicle. All defects are docwnented on vehicle condition reports,
and corrective action is taken before the vehicle is returned to service. A copy of our inspection fonns is
included in the Maintenance Plan.
Service l/1sl1ectiolls A second level of the PM program is the inspection that occurs each time a vehicle is
fueled, serviced, washed, and cleaned. While this process is taking place, an inspection is made of key
components such as brakes, windshield wipers, lights, and tires. Any defects which are detected are
repaired before the vehicle is placed in service.
McDonald TransiCs perfonnance standards include:
. Maintenance plan is up-dated including the most recent vehicle and capital facility additions
and contains:
o All vehicle types, facilities, and ADA equipment.
o A hazardous materials spill plan.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
Page 19
, ~mdJrmf1ltl Inmsil jh~!JLi!j!!.\.IIIl.
. ' ,
Agenda Item No. 10G
June 22, 2010
Page 41 of 138
o Preventive maintenance procedures.
o A maintenance organization chart.
a Procedures for repairing lift equipment in accordance with ADA requirements.
. A maintenance rule book that addresses specific standards of conduct relevant to the
maintenance function has been issued to employees (a signed receipt is placed in each
employee's personnel file).
. Pre-trip inspections are performed by opemtors prior to each pull-oul
a Forms are filled out and signed by operators.
a Procedures are in place to notify maintenance department of defects.
o Documentation is made of repairs. which occur before the vehicle is returned to
service.
o Forms are retained by day for at least three years.
o Preventive maintenance is performed on all equipment within the timeframes
recommended by the vehicle manufacturer.
a Forms for periodic inspection on specific vehicle types are readily available to
mechanics.
a Forms include ADA equipment.
o Inspection forms are filed with work-orders by vehicle.
o Forms are properly completed and signed by the mechanic who performed the
work.
o Inspections are performed when due.
o Regular oil sampling (in accordance with manufacturer recommendations) is
used to predict power plant failure.
o Documentation is made of service inspections that occur each time a vehicle is
fueled. serviced, washed and cleaned (bmkes, windshield wipers, lights and
tires). Any defects which are detected are repaired before the vehicle is placed in
service.
o Seasonal inspections of air-conditioning and heating systems are conducted.
o Vehicles without working climate controls, and ADA equipment, are removed
from service as soon as possible.
. Vehicles should be maintained to the highest level of cleanliness and good repair.
o Free of trash and litter (trash can on board).
a Hand mils. seats, wans. roof hatch. etc. are clean.
o Interior railings, seats, trim. etc. in good repair.
o No body damage or rust.
o Advertising and/or sign frames in good repair. Ads have not expired, and are in
good condition.
a No graffiti is allowed to remain in or on the vehicle more than one day.
o Engine and fuel doors are intact and closed properly.
o No broken glass.
o Engines are steam cleaned at each inspection (DO buildup of grease).
o All interior and exterior lights are functioning.
. Shop should be kept clean to ensure safe and efficient work environment.
o Floors are cleaned daily.
o Tools not in use are put away.
o Oily and soiled rags placed in proper receptacles.
o Old parts and materials are disposed of in a timely and safe manner.
a There are DO leaking drums of oil and other materials.
a Safety equipment is available (eye wash, back bmces. safety glasses. flrst aid kit.
fire extinguisher) and their use is enforced.
Collier County Boud of County Commissioners
Tab 2: Plans and Procedures
rage 20
)
Agenda Item No. 108
June 22. 2010
Page 42 of 138
I
I /IldhJlluhi lrw/;i, Ib~(jLiwf',.IiH
c .
..
Parts inventory should be maintained in an orderly and secure fashion tn ensure fiscal
accountability aod efficient maintenance operations.
o Written parts inventory procedures are maintained.
o Parts costing more than a certaio value, usually three dollars, and with a useful
life of more than one year, are recorded on the accounting books and stored as
inventory.
o Kept in a secured location.
o Good control over parts issued.
o Kept in an orderly fashion (00 empty boxes. litter, etc.).
o Regular inventory reconciliations (adjustments less than 10%) are documented at
least annually, with spot checks throughout the year.
o The inventory system is computerized.
o Inventory system tracks use by bus number, signals when re-ordering is
necessary, and provides a total inventory value that is linked to the accouoting
system.
Warranty records should be effectively maintained to ensure maximum recovery of costs
for parts and labor under warranty.
o Written warranty claim procedures are io place.
o A working agreement with the manufacturer that spells out procedures for
advance approval of the work, the rates to be charged, the mark-up on parts, the
method of payment, etc. is available.
o Records of warranty claims are kept in an orderly manner.
o Records contain documentation of payment received.
o Parts (when requested by the manufacturer) are returned in a timely manner.
Procedures should be in place to limit thc ncgative impacts associated with the use of
hazardous materials.
o A written spill response plan is available.
o Employees are trained in appropriate spill response.
o Emergency phone numbers are posted in close proximity to areas where spills
mayoccur.
o Stored in labeled containers (EP A sticker).
o Secured in a covered location
o No leaking containers
o Leak detectors are installed on fuel and lubricant tanks (evidence oftrackiog
records is available).
o Safety equipment is in place and operable (i.e. eye wash, shield on grinders, etc.)
Effective procedures for responding to vehicle breakdowns are in place to minimize
inconvenience to customers.
o Breakdown procedures are in writing.
o Spare revenue vehicles are kept available for immediate service during all hours
of operation.
o Roadcall fonns are filled out and tiled after documenting follow-up action by the
maintenance department.
Vehicle performance records are maintained.
o Miles, repairs. fuel and oil usage, etc. by vehicle is consistently and accurately
tracked.
o Monthly vehicle perfomlBnce report is prepared and used to spot potential
vehicle problems.
.
.
.
.
Collier County Boaed of County Commission@rs
Tab 2.: Plans and Procedures
Page 21
~I I
:: I 111IpDonald lrarnil Rn!ILii1ff'~, Int.
,,-, ~ ~ ~I __ - - -
Agenda Item No. 108
June 22, 2010
Page 43 of 138
. Transit facilities, including passenger amenities (bus stop benches and shelters) are kept
clean and in good repair.
o Free of trash and litter.
o No broken glass or benches.
o No rust.
o Advertising andlor sign frames in good repair.
o No graffiti is allowed to remain more than one day.
)
Road Call ProcedufI!s A road call is a major inconvenience for the
customer and may be a critical factor in their decision making process about
continued use of the service. We strive to avoid road calls through
preventative maintenance; however, they do occur and must he handled
efficiently. All soon as the dispatcher is notified of a road call, helshe
dispatches either a supervisor or operator with a replacement bus to continue
the trip and avoid customer delay. Our suh-contractor is then notified and sent
to the scene to fix the problem only after frrsttaking care of the passengers. A
road call report is prepared.
All road call reports are summarized in the daily report of operations and reviewed by the General
Manager to spot trends and emerging problems and to ensure the Company's response was expeditious
enough to avoid customer delay. Information from the report is analyzed and discussed with appropriate
staff to address any performance or mechanical issues. Reports also are made availahle to operators so
they can see how their concerns are being addressed. All road calls are summarized in a monthly report.
Road call frequency is tracked as trend data and against agreed upon goals for excellence. Not only is it
reported publicly, but road call frequency data is used internally as a motivation tool for employees.
)
RepOltillg To ensure a successful maintenance program, we will maintain a maintenance management
infonnation system. Mileage records ensure that inspections and maintenance are performed on a timely
basis. Major components are tracked to monitor abnormal failure rates. Individual vehicle records are
maintained so any vehicle that is not performing to fleet standards is quickly identified for corrective
action. Maintenance reports kept on each bus will provide:
. make . daily "vehicle condition" reports
. model . work orders
. serial number . tire data
. license number . inventory
. date recei vcd . rebuilds and major component
. date placed in service replacements, including date and life
. life miles miles at time of replacement/rebuild
. vehicle repairs
. preventive maintenance inspection reports
Dnily alld Weeklv Main/maliC/' Records Daily andlor weekly maintenance records to be prepared
include, at a minimum:
. daily vehicle condition reports
. work orders for all preventive inspections. warranty repairs, and other vehicle repairs including
materials, parts, and labor consumed
Collier County Board of County CommissiDners
Tab 2: PllUUi and Procedures
Page 22
1
: r I im.clJonrrlt! Jr!Jll\il H~'!JI illlf'~. im.
'.,L.-J:-_ ~_~
Agenda Item NO.1 08
June 22, 2010
Page 44 of 138
. roadcall reports including date, time, vehicle number, route number if in service,
problem, and mileage on vehicle
· oil and fluid analysis records for designated intervals
MOllth/y Mallafel1lellt Reports Maintenance reports will be generated monthly to allow maintenance
personnel to identifY trends in the fleet. Monthly reports will include, at a minimum, for each
vehicle/vehicle type:
. fuel, fluids, and oil consumption
. miles driven
. average vehicle life miles
· vehicle miles since last preventive maintenance inspection
· vehicle miles since last engine rebuild
. vehicle miles since last transmission rebuild
. in-service road failures
. ADA accessory equipment failures
Inventory Levels a1td C01tt1"ol
Maintenance records to be prepared shall include, at a minimum, vehicle history files by vehicle number
which document all vehicle repair including warranty reimbursement, preventive/scheduled inspections
and maintenance, parts usage, ronning/unscheduled maintenance, fuel and oil usage, and labor expended
for each inspection and repair. All vehicle maintenance records will be accessible 10 Collier County
personnel during planned or unannounced visits or inspections, and shall be made available on disk at the
end of the contract period.
Parts costing more than a certain value. usually three dollars. and with a useful life of more than one year,
are recorded on the accounting books and stored as inventory. The inventory is secured and monitored by
a parts clerk who issues parts and maintains the computerized perpetual inventory system. The system
tracks use by bus number, signals when re-ordering is necessary, and provides a total inventory value that
is linked to the accounting system, An annual physical inventory count verifies the accuracy of this total
value. McDonald Transit's Maintenance Plan is included on the Aftaclllllt!1lt CD.
Maintenance
D,',\:.("ribl' appraue}, tu moniro,.ing curd "<1'Cliri,,!! tudell'm t/alJ1agC'.
.
The details of monitoring and repairing accident damage are described as part of operations and overall
vehicle maintenance above. To summarize:
. Thorough procedures are implemented to report accident damage as it occurs
· Operators are required to inspect their vehicles for damage before they are put into service
. Supervisors monitor operator inspections to insure they are accurate and complete
. Supervisors make random inspection of vehicle condition to catch anything that may bave
~fallen through the cracks~
. Vehicles are taken out of service until the damage is repaired
. Sufficient spare vehicles are maintained to allow for repair
· McDonald Corporate reviews assure that these procedures are being followed
Collier COtmty Board of County Commissione:rs
Tab 2: Plans and Procedures
Page 23
Agenda Item NO.1 08
June 22, 2010
Page 45 of 138
I I :mcIJonald Transit flm/i,Jf1 ~.11!!.
Servicillg alld Cleallillg
.
.
lJl.':<<.-riht' rill.' /t1'fJI)wec! plun./or (/,';(1' aI/(/ pt'r;vclic d"lllih'C/ dt'uJ1I'ng, togl"lh...,. with a dtt'('kIiMJrl1' t'dch ~\IIC! (~f
(.J('mrilf~ mld s(",.idllg operatioll. Tilt' plall .\holl'" cldill('lllt' hOlr the ap/1('w't1I1('l' o(fhc hw'jlt.'t'l Id/lI~'lllUimai1Jt>d.
Vehicle cleanliness is critical to maintaining a positive public perception of the transit system. Patrons
are far more likely to continue to use transit services if they are viewed as being well maintained and
progressive, and individuals who have not yet taken advantage of public transportation will be more
inclined to do so.
McDonald Transiltakes pride in the reputation earned for insisting upon the highest standards in vehicle
maintenance and cleanliness. Daily vehicle cleaning will include:
. Washing and scrubbing of the full exterior, wheels, fuel-fill area
. Scrubbing of oil or other excessive residue off the rear end, and inside of all windows
· Dusting or vacuuming of all seats, dashboard, stanchions, and exposed surfaces
. Sweeping, mopping, or vacuuming of all floor areas, including the removal of gum, grease,
oil, trash, etc.
· Removal of all trash and liner
Vehicles will not be returned to revenue service with graffiti unless there are
no spare vehicles available. If the graffiti is obscene or gang related. the
vehicle will be removed immediately, and the vehicle will not be placed back
into revenue service until the problem has been corrected.
McDonald Transit shall exterminate vennin and insects as needed, but not less
than two times per year, utilizing safe, non-hazardous and EP A approved
insecticides/materials. Every 21 days or 3,000 miles (whichever occurs first), vehicles will be detail
cleaned. In addition to cleaning activities performed during daily cleaning operations, detailers will
scrub, wash. or shampoo seats, stanchions, ceilings, side walls, floors, and all other interior areas,
The radiator, engine, battery, air conditioning components, and lift compartments will be cleaned in
accordance with the manufacturer's recommended maintenance intervals, or more frequently as needed.
Supervisors will inspect vehicles daily for quality control purposes. Seats and windows will be checked
to detennille if replacements are needed. If replacements are needed the work will be scheduled
immediately. Bus wheels will be checked, sandblasted and painted as needed. Cleaning and servicing
checklists are included on the Attachmellt CD.
Bus Stop/Transfer Cellter Maintellance/Cleanillg
.
.
!)l'S(TipriOIl 01 program J(1I" imph'11It'millg Ihe hilS sl(Jp/l,.ml.~fc.'" ('('/1(1.'1" maim,',wIKc,.,.!t'lllliug prugram. iuc,!tlclillg
idC'nti!inlliul1 (,f PJ'(lpo.\('d sl",Obl~. rind Tools ane/equipment !fI It" [>l'Odd(.cf. Di,\C(l.\'.\" IUJu" tI/(, swp.\ l1:iJl lit,
monitored (0 (~II."'UI'(- tlwr smps arC.' d<<,an. awl /ilh'" rmd 11'(l.'./r an' J'/.'l1wl'ecl.
Bus stops, shelters and Park and Ride facilities will be monitored daily by McDonald Transit's road
supervisors and other staff. Any problems identified either by staff, the public. customers or others will
be responded to immediately. Requests, suggestions and complaints concerning the condition of all bus
stop and related facilities will be addressed with appropriate forces. Clean, appealing, well maintained
CollieT County Board of County Commissioners
Tab 2: Plans and Procedures
Page 24
I I ,nlr Dur,uiri It IW..ii 115~iJ[ rllli ~ III(
, ,
Agenda Item NO.1 08
June 22, 2010
Page 46 of 138
't with information displays and safe passenger amenities and facilities will be the highest priority. All
cleaning products will be approved for public use by the Environmental Protection Agency and will
comply with all federal state and city codes, regulations and certifications.
We take the highest level of pride in not only the "insides" ofthe operation, but the outside appearance as
well. Our approach to managing transit systems is to provide the customer what they want - a safe, 00-
time, and pleasant ride to their destination. Part of tbat very important goal is the ability for employees,
customers, and the community to take pride in their transit system. The outside of a bus, the passenger
shelter areas, and any other common area visible to the public, represents Collier Area Transit, Collier
County and McDonald Transit. Our goal is to present an appearance that is pleasing and welcoming to
insure that representation all customers and stakeholders.
Cleaning of bus stops and the four (4) main transfer centers is done by a crew oftwo (2) service workers.
They use a well equipped pick-up truck that has needed supplies, hand tools and a power blower. In
addition to general cleaning, they report the need for major repairs handle minor repairs and spread weed
and bug killer as necessary.
Bus Stop Sigll alld Sltelter Repair Work Order Plall
-
Prm'idc OJ'en'it-u' r~"m{'JllOd /P11Iwwge and ma;wain Ihe bus sfr)!1 sign and .\hdkr ,",'{Itl;" \I"orA order progrclllr.
McDonald Transit intents to manage the bus stop and shelter program by first preparing and maintaining a
computerized bus stop inventory list of all bus stops. This list will identifY the routes that each stop
serves, and list all improvements made at each stop. The inventory list will also contain a list of all sigu
and post types. Collier County will be contacted when additional sigus or post are needed. Ongoing
maintenance of existing signposts. trash receptacles, shelters and benches at stops, including repair,
installation, removal and relocation of bus stop materials will be provided in coordination with the
County, based on the system that is currently in place. McDonald Transit will handle minor repairs as
needed to signs with the County handling major repairs and installations.
Bus stops signs and shellers will be monitored daily by McDonald Transit's road supervision and other
staff. Any problems identified either by staff, the public, customers, Collier County staff or others will be
responded to immediately by McDonald Transit. Recommendations for additional stops, removals, and
relocation will be made to Collier County will be based on ADA, safcty, route schedule, and community
considerations.
Revenue Collection, Rec011ciliation and Deposit
. .
0",(;//(, c4jJ1'lJgram Ii)!' {'ollC'('lioll. ('ollming. and 1'", OllCiliar;rm (~fjJU'\"s(,fJger.I(rr('s !/m/rkk.l't and pass re\"("Ute.\",
induding a J/il'('i!k id('m~/icatirm (~f /11V('('c/rtre.'i. jo ('lI.wwe IIlI' propel' sl~Ii..'gllcmling (flU/reponing oJ./tlft's.
McDonald Transit will employ all best practices to insure that our methods of operation meet or exceed
the expectations for fare collection, security, accounting and cash handling.
McDonald Transit takes very seriously its fiduciary duty to protect and properly account for our client's
and the public's funds. We are keenly aware ofthe necessity of a clear audit trail and adequate security
measures. TIle following procedures are typical of ones we use when fareboxes are present.
Collier County Board of County Commissioners
Tab 2: Plan. and Procedure.
Page 25
Agenda Item No. 10G
June 22, 2010
Page 47 of 138
; I ' ,-fflcnormid Immil/h,[J[IUIl s, SW.
':V_<J\ ~_I
In general, the rule of"two~ will be followed at all times. Cash (including coinage) is never allowed to be
solely in the control of anyone individual at any time. Our requirement is that a minimum of two
individuals must be present when cash handling is necessary.
I
A clear audit trail is an absolute requirement. The audit trail begins with the installation of an empty fare
box in a revenue vehicle. TIle fare box identification number is recorded and the security of the fare box
is verified and recorded at that time. When the fare box is "dropped~ (daily) and replaced with an empty
replacement the identification number is checked and recorded. The dropping of fare boxes requires the
presence of two authorized staff members in addition to the driver. Fare boxes are logged, checked to
insure there has been no tampering and placed in a secure vault for processing the next business day.
Once all fare boxes are dropped,
checked for security and placed in the fare box vault, the vault is secured (locked). The authorized
individuals charged with dropping and processing fare boxes at day end will not have access to the vault
once secured. At no time is the driver authorized or allowed to handie cash in any manner.
The next business day the vault is opened by two different authorized staff members than those who were
charged with processing the vaults at the end of business the previous day. Fare box numbers are again
checked against the previous day's records and the fare boxes are examined to insure that all fare boxes
have been accounted for and that the security of each vault is maintained. The fare boxes are then moved
to a secure area (counting room) for processing. It is McDonald Transit's practice to install a visual
recording system to record all activities in the counting room on a 24/7 basis. Only when the fare boxes
are secure in the counting room are they opened, the fare counted (by box) and the daily deposit prepared.
Particular attention is paid to any deviation of the number of one, five or ten dollar bills from historical
averages for each route/piece of work. Daily deposits are placed in a sealed (numbered) bank bag and
then transferred to the financial institute (either by staff or annored car) wbere they are deposited.
Careful allention is paid to ridership counts on a daily basis by bus to insure that fares collected match the
ridership on that revenue vehicle. Fare box receipts are reconciled to passenger counts on a daily basis.
The goal is to have a deviation of one percent (I %) or less. Daily reconciliation reports are prepared and
reviewed by the General Manager. Any discrepancies are investigated and resolved immediately.
Drivers are trained to handle cash only for pass sales. Procedures are in place to assure the accountability
and security of those cash transactions. Drivers are trained to immediately report fare boxes which are
malfunctioning and dispatch/maintenance is trained to immediately respond to correct the problem or
trade out the vehicle. Even in those cases where there is a malfunctioning fare box the driver is trained to
never handle cash nor allow fares to be placed in any other place than the fare box. In those cases where
the fare box will not allow fares to be placed then the driver is instructed to allow the customer to ride
gratis until maintenance/dispatch can respond and/or change out the bus.
We are on alert for unusual items: complaint that a driver accepted a fare, a difference in total fares
collected, and in particular, the absence of one, five or ten dollar bills where they would normally be
expected or any other pattern or observation of security breach. Immediate action is taken when any
irregularity is discovered to ensure the security of our fare collection, accounting and cash handling
system. Action could include any number of techniques including but not limited to; "salting~ the fare
box with marked bills, placing "guest riders" unknown to local staff on suspect revenue vehicles, and do
extensive review of counting room video. Each issue of concern will be addressed until a logical
conclusion is reached.
Collier County Board of County Commissioners
Tab 2: Plan. and Procedures
Page 26
Agenda Item NO.1 08
June 22, 2010
Page 48 of 138
,
J r ,~mr;D[m1illl rmmillf"~lJ! fllUS fur
."...,,~ " ,. --'
.
Records alld Reports
.
[)(~Ii1It. n'nmls tIIull'cporting I'IlI~ram thai t'llCWtJl'tl,\:W.\' a/l a.\llt'ch (~111lt' uperation tlm/lIlt'f.ts (',,{/it'" CUtl1'~I',
,"!(lle- (lml Federal n'(juiremeJ1(s.
McDonald Transit recognizes the importance and accepts the responsibility of timely collection of base
line information, the timely recording/preservation ofthat information and the importance of the reporting
function to both the Collier Area Transit System and for National Transit Database (NTD) requirements.
We understand the importance that a "management information system" plays in the effective monitoring
of all operations and in compliance with the NTD reporting requirements. The timeliness of data entry
into an integrated data management system such as RT A maintenance system is critical to the usefulness
and integrity of that system. McDonald Transit practice is to collect and enter data on a daily basis so that
the year-ta-date data base is current and the daily/weekly reports are reflective of the "real time" status of
the agency.
Our transit and paratransit systems perform well on state and federal reviews. Our managers are trained
to prevent problems which may arise in triennial reviews, NTD annual report reviews, Inspector General
or GAO reviews. We are frequently called upon to assist clients with strategies for compliance with
Federal Transportation Administration requirements. Our firm is noted for its role in developing new
transit efforts under budget, ahead of schedule, and absent any federal, state, or local regulation
violations.
Familiarity with State, Local, alld Federal Fundiltg Pmgrams and
Procedul'al Regulatio1ts
The McDonald Transit Associate team will provide compliance assistance with federal and state
regulations governing transit services, employer responsibilities, and safety performance. The routine
verifications include:
.
There is a written purchasing policy which refers to, and is in compliance with fT A circular
4220.1 D, Third Party Contracting Requirements, and contains a code of ethical standards, and
bid protest procedures.
Good faith efforts to obtain accessible used vehicles, including advertisement, were made and
appropriately documented.
fT A Self-Certification Submission is kept on file.
Any submissions for fT A approval of procurements are documented.
Procurement files (RFPs, IFBs, Contracts) are kept up-to-date, and include (when applicable):
o City Council minutes approving purchasing actions
o Purchase orders
o Pre-and Post-Delivery Audit forms
o Bus Testing Certification/Certifications and Assurances
o Buy America Waivers
o Buy America Certifications
o Pre-Award Buy America Certifications
o Pre-Award Purchaser's Requirement Certifications
o Post-Delivery Buy America Certificatioos
o Post-Delivery Purchaser's Requirement Certifications
o Manufacturer's Federal Motor Vehicle Safety Standard Self-Certification
.
.
.
.
Collier County Board of County Commissioners
Tab 2; Plans and Procedures
rage 27
Agenda Item No.1 OG
June 22, 2010
Page 49 of 138
I
, ,mdlmJllirllr i'Jmi! !h~!J1 lilIa, iHr
.
.
o Any sole source justifications and siugle bid awards are documented with
price/cost analyses
o Proper use ofRFPs, IFBs and RFQs in compliance with state and federal
regulations.
Corrective action is taken and timely responses are provided following Third-Party
Procurement Reviews.
Applicable FT A clauses are included in all RFPs and RFBs (see FT A 's Best Practices
in Procurements manual).
The chart of accounts facilitates annual NTD reporting requirements.
Financial reports that compare revenues and expenses to budget are prepared in a
timely and accurate manner.
A monthly report, including financial information, is submitted to the client.
Written cash control procedures that meet the test of generally accepted accounting
practices are maintained.
Petty cash fund is:
o secured
o receipts for funds are attached to foons signed by the issuer and issue
o Reconciled at least monthly by someone other than the person responsible
Checks require two signatures.
Cash/checks received for deposit are listed on a signed fonn by one person, and
deposited by another.
Bank accounts are reconciled with monthly bank statements.
Approved applicants must pass the DOT physical including drug screening, have a
state record clear of moving violations for tbree years, and have no felony convictions.
Bus operators must have a high school diploma or GED and meet minimum age
requirements.
Employee screening assures all new hires meet minimum physical and mental abilities
for the job.
There are wriltenjob descriptions for all classifications that include the essential
functions of the job and/or physical/mental functions a person will be required to
perfonn in the position.
Each employee has been issued a written employee handbook (signed receipt is placed
in each employee's file) containing:
o Equal Employment Affinnative Action Program
o Sexual Harassment Policy
o Substance Abuse Policy
o Employee Assistance Program
o Recruitment, Screening, and Selection Procedures
o Performance Appraisal System
o Salary Administration Procedures
o Benefits Package
o Family Medical Leave Act Policy
o Attendance Policy
o Business Ethics Policy
o Conduct and Discipline Policy
o Problem Resolution Procedures.
Complete and orderly personnel records. driving qualification records (application,
driving record, physical, training certificates), and separate medical files are slored in
locked files.
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Collier County Baud of County Commissioners
Tab 2: rIms and Procedures
Page 28
Agenda /tern No. 10G
June 22. 2010
Page 50 of 138
j ,liI..liOiw/rlln.m_ill H.~~UI;i[jffS. 1m
I
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nlere is a documented program to raise awareuess of lbe importance of maintaining
high standards of job safety and being drug free, wbich includes posters, bulletins, etc.
Required postings are kept up-to-date and include:
o Emplnyee Polygraph Protection Act
o Job Safety and HeaJlb Protection
o Equal Employment Opportunity
o Federal Minimum Wage
o Your Rights Under lbe FMLA
Regular, documented employee evaluations are conducted at least one time each year
by supervisors and kept in personnel files.
Progressive discipline, changes in rntes of pay, and changes in job classifications are
completed in a timely fashion and signed by lbe employee and the supervisor.
The current labor agreement is readily available, bolb on site, at the headquarters
office, and at the office of lbe managing director.
Submit accurate 5500 form on pension plan to lbe Internal Revenue Service in a timely
fashion.
Promotions are given only to qualified individuals.
Written substance abuse policy lbat has been approved by the policy board is available.
Testing includes:
o Pre-employment drug testing
o Post-accident drug and alcohol testing
o Reasonable suspicion drug and alcohol testing
o Random drug testing
o Return to duty drug and alcohol testing
o Follow-up testing
o Retesting (alcohol only)
o Blind testing
Employees are notified that the use, manufacture, distribution, or possession of a
controlled substance is prohibited in lbe workplace, and that actions will be taken
against them for violations.
Supervisors receive at least 60 minutes of training in substance abuse issues one time
per year.
All employees receive training on the dangers of drug and alcohol abuse during initial
employment orientation sessions and refresher information at least one time per year.
Employees are given information on drug counseling, rehabilitation, and employee
assistance programs available to employees.
Results of pre-employment drug screens are received prior to employees being placed
in safety-sensitive positions.
Random testing is performed during all hours of service.
Drug and alcohol testing forms are properly completed, and different forms are used for
tests performed that are not mandated by the Department of Transportation.
Substance abuse reports are filed with DOT in a timely manner.
Substance abuse program records are kept in accordance with DOT mandates
including:
o Alcohol test results less lban 0.02 are maintained for one year.
o Records of negative drug test results are maintained for one year.
o Records related to lbe alcohol and drug test collection process, except
calibration of evidentiary breath testing devices, are maintained for two
years.
o Education and training records are maintained for two years.
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Collier County Board oE County Commissioners
Tab 2: PIons and Procedures
Page 29
I i I ;mf:VmlflhJ irnml! IIHucillffS, lilL.
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Agenda Ilem NO.1 OG
June 22, 2010
Page 51 of 138
o Alcohol test records with a]cohol readings of 0.02 or greater are maintained
for five years.
o Reeords of covered employee verified positive drug test results are
maintained for five years.
o Alcohol test calibration documentation is maintained for five years.
o Employee evaluation and referrals are maintained for five years.
o Covered employee referrals to substance abuse professional and return to
duty and follow-up are maintained for five years.
o Annual MIS reports are maintained for five years.
Records and Reports
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PrmidC' detailc:!1 tlc.~(.,.il'ti(1IJ t?,'/UJlI' thc./t'cfl""(ll No/irmal Tr1l11,,'i1 Dal(lh(l,\f! p",Jgrmu lril/ /1(' imjJ!t'/Jre"tecl.
McDonald Transit has a long involvement with the National Transit Database. Our founder, Alton
McDonAld And Robert NeJllCm (Senior Vice President) were recognized by the Department of
Transportation for their service in the development of Project FARE which led to the Section 15 reporting
protocol. Robert Babbitt (President) has been involved in advisol)' commillees charged with improving
and updating NTD requirements. The insights/practical knowledge that McDonald Transit has as a fino
and which our senior members contribute to both our data gathering and reporting practices is significant.
McDonald Transit will work closely with and ensure the collection aod compilation of all data llCCCSSal)'
for the Collier Area Transit system to successfully complete all NTD required modules including the
Basic Infonnation, Financial, Service, Monthly Ridership and Safety/Security. We will ensure that the
passenger sampling process for fixed route service currently in use will continue to meet the approval of
the Federal Transit Administration.
Records alld Reports
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Pmridt' d('will'cf lll'.lOC/iplion f?f 11Ou: the 1-1oricla Crmwris.\iol1liu' Ihm.'il'(I11llfion Di.wu/nmmgl' Armual Op('rarill~
Repol'l (~fI,m lrill he iml'h """lIlcd,
McDonald Transit will continue to provide all data needed for our operation to reflect an accurate and
timely Transportation Disadvantaged Annual Operating Report. We will assist Collier County in
ideotification of each trip for categorization by program. This function is critical since there are five TO
categories, eight USDOT categories, one Agency for Health Care Administration, five for the Department
of Children and Families, four for the Department of Health, five for the Department of Education, three
for the Department of Elder Affairs, two for the Department of Community Affairs, two for the
Department of Labor, one for the Department of Juvenile Justice, and three for other federal or state
programs. The expense category reporting will be simplified under the consolidated transit organization.
Personnel
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Pro\ide pro[1o,\'('d orgl{11i:atioll ,:Iwr( und slq{}in1J, plafl, indicuting (Jrgl111i:at;(JlI slrudll1't', lIll/uber' t~"
mcmag.I,'f1Il.'1II and .\'/qf{(,11lp/oyeL' posiliol1.\"..fid/~/jm" or pari-lime: S(flllIS olc:adt l'l1Jp!OYt'(', llnd sa/ar)' Clud
h<-'llf.{fit '\"chc:cluk../iu'I,'{lch (.'mplo:rc:(' C'lassflicmhm,
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
rage 30
! !l!dlcl:!aid JWIl\H JlHf!lUm \. im
. , r _ '.,
The salary schedule is as follows:
1. Full and part time bus operator
2. Full and part time paratransit driver
3. Service Worker
4. Dispatcher
5. Operations supervisor
6. Paratransit scheduler
7. Receptionist
8. Administrative assistant
9. Service manager
] O. Superintendent of Fixed Roule
11. Superintendent of Paratransit
12. Paratransit CSR
13. Mechanics
14. Maintenance Clerics
15. Shop Foreman
Agenda Item NO.1 OG
June 22, 2010
Page 52 of 138
$ 13.33 to $17.65 hourly
$ 11.5610 $14.01 hourly
$ 11.09 to $] 6.04 hourly
$ 14.0010 $15.94 hourly
$ 38,364 to $44,262 annually
$ 13.91 to $15.45 hourly
$ 13.85 10 $15.50 hourly
$ 15.16-10 $18.08 hourly
$ 40,490 to $44.990 annually
$ 44,500 to $49,500 annually
$ 43.500 to $49,046 annually
$ 12.00 to $ 15.63 hourly
$ 22.00 to $24.00 hourly
$ J 5.0010 $16.42 hourly
$ 28.00 10 $30.00 hourly
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CoUierCounty Board of County Commissioners
Tab 2: Plans and Procedures
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Page 31
Agenda Item NO.1 OG
June 22, 2010
Page 53 of 138
f.: ,--!.Jnll,Uormld Imn~i!!h\l,[j[jjt~.IIJ[,
The following benefits are provided for employees:
I. Health Insurance
2. Dental Insurance
3. Life Insurance
4. Workers Compensation Insurance
5. Unemployment Insurance
6. Social Security
7. Payment for Physical Examinations
8. Payment for Commercial Drivers License
9. Eight (8) Paid Holidays
10. Overtime Pay
II. Payment for Minimum Amount of Time Worked
12. Bereavement Leave
13. Family and Medical Leave Act Compliance
14. Payment for Jury Duty
15. Vacation up to three (3) weeks per year
16. One (I) day of sick leave earned each month
17. Pay premium for training
18. Pay premium for shop lead work
19. Quarterly and annual bonus for safety
20. 40] (k) pension plan
21. Company match of up to three percent (3%) for 401 (k)
22. Employee Stock Ownership Plan for non-union employees
23. Provision of uniforms
24. Access to an Employee Assistance Program (EAP)
25. Credit Union Membership
26. Free Bus Transportation
Staffing Plan
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]7". S/t(liiJlg Plan .'.huuM ,/('\:('rint' tIlt, ...kill.\ dIU! l'.\lwrieIlC('l'equirec! f~lf'adl f~{t'll' cmployet'..". rwd rill' (J\"('f(,J1
Il"llilliu!! prugram t/rat will /11' imph'!lJe"rl'd 10 ill.'ifU'(' ,hat dllll(,,.,v.mmt'l Int'tq .\ari.~'filC.t(lr.r xlandarcl... t~f kJJr1H.Jt'clgf'.
McDonald Transit's approach to staffing and employee relations is reflective of our unique organizational
composition. Our approach to employee relations demonstrates a focus on productivity rather than
punishment. Our employee policies, including those guiding recruitment, screening, hiring and training,
are designed to promote an atmosphere of teamwork, partnership and mutual respect. All are necessary
ingredients for a high perfonnance organization. We have high standards and expect high levels of
perfonnance. To that end, we strive to create an environment, which promotes employee confidence and
encourages initiative. The application of those high standards begins with the recruitment, screening and
hiring of all employees.
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Collier County Board of County Commissioners
Tab 2: Plans and Procedures
Page 32
I
. I' JJiIIJ!l1wlrl Jr IJmilll~~!JLiHf<!>, In!.
", ~ . I
Agenda Item No. 10G
June 22, 2010
Page 54 of 138
Recruitment
McDonald Transit regards its employees as its greatest asset. All of our non-union employees are also
stockholders in the company througb our Employee Stock Ownership Plan. giving them a vested interest
in the company's success. Consequently, recruiting quality employees is a very high priority and is
aggressively pursued. Quality employees are the foundation on which successful, effective and efficient
public transit service is built.
Operator Selection
In addition to passing the background and drug screening processes described above, operator candidates
must meet the following minimum qualifications:
. Properly licensed and trained per Florida State statules
. Possession ofa valid driver's license
. Passenger endorsement
. Air brake endorsement
. Current possession of a Class A or B license
. Clean driving record for the previous five-year period
. No more than two (2) moving violations in the past five (5) years preceding
application
. NO DWIIDUI convictions within the last seven (7) years
. No at fault accidents in the last three years preceding application
. No violations or convictions for:
o Driving while impaired
o Leaving the scene of an accident
o Reckless driving
. No violations or convictions for any of tile following:
. Negligent homicide
. Manslaughter
. Any felony
. Any rape or criminal sexual conduct offense
. Any child abuse or child molestation offense
. Fleeing an officer
. Ability to pass the DOT physical including drug screening
. Command of the English language
. High school diploma or GED
. Gross misdemeanors will be reviewed on a case-hy-case basis
. Ten (10) year employment history must be provided, if available.
. Ten (10) year driving history must be provided, if available.
When checking references on prospective applicants for operator positions, past employers are asked to
provide information on the following: I) dates of employment, 2) reason for leaving, 3) Iype of vehicle
the applicant drove, 4) safety habits, 5) ability to get along with others, 6) customer service skills, 7)
attitude, 8) initiative, 9) information about the applicant's accident history. and 10) attendance.
Collier County Board of County Commissioners
Tab 2: Plans iilI1d Procedures
Page 33
Agenda Item No. 108
June 22, 2010
Page 55 of 138
I :md!lIi!nifllmmill1~mci:ilf,.I;IL
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McDonald Transit maintains a formal training and retraining program for operators, dispatchers, customer
service personnel, supervisors, and managers. All employees are given a general company orientation
that familiarizes them with policies and procedures and shares the standards that are expected from each
employee. The following policies are included in this training:
. Mission and customer service philosophy
. Employee standards of conduct
. Drug and alcohol use and testing policies
. Sexual and other harassment; and,
. Equal employee opportunity
Vehicle Operatol' Training Prog1'am
McDonald Transit has developed a standard Vehicle Operator Training program which is included in the
McDollald Transit Safely Program (on the At/achmellt CD). However, in recognition that each property
and client are somewhat unique and have different standards/expectations our approach is to customize
our training programs (using our standard program as a base) to more closely reflect the expectations for
excellence envisioned by our client.
McDonald Transit utilizes vehicle operator training materials developed by the Transportation Safety
Institute for the Federal Transit Administration Office of Safety and Security. This comprehensive
curriculum is modified \0 meet the unique needs of Collier Area Transit. Each segment of this training
program is documented with a formal lesson plan, and trainee handouts are used as appropriate.
McDonald Transit will develop, implement and maintain a formal training and retraining program for all
operators. At a minimum. the training program will contain the following elements:
. The training program will provide fonnal retraining measures, including criteria for
detenuining the success of retraining efforts. A qualified inslructor or supervisor will
evaluate each operator employed at least once every six months, including in-service
evaluation and license/medical certificate checks.
. The training program will include at least eight (8) hours of classroom instruction for each of
the categories listed: I) passenger relations, 2) accident reporting procedures, 3) radio
communication procedures and codes, 4) schedules, routes, fares, and farebex procedures, 5)
ADA regulations, 6) ADA equipment operation, and 7) CPR and First Aid.
. All vehicle operations personnel will be trained in the assisting of mobility limited
passengers.
. All vehicle operators will receive sensitivity training with regards to working with individuals
with disabilities.
. All vehicle operators will be required to successfully complete a defensive driving course.
. The program will include training in personal safety inclusive of theft/robbery prevention,
violence in the workplace and assault prevention.
. Qualified instructors will be required to have a safe driving record, at least two years of
professional driving experience and a demonstrated ability to provide high quality customer
service.
Comer County Board of County Commissioners
Tab 2: Plans and Procedures
Page 34
I
i 11;r Domill! Imilsit n ~\!H iiltc\. tw
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Agenda Item No.1 OG
June 22, 2010
Page 56 of 138
McDonald Transit provides a minimum of 80 hours training for all new vehicle operators and at least
eight hours of retraining for all vehicle operators. Each segment of the training program is dOcilmented
with a formal lesson plan, and trainee handouts are used as appropriate.
The training program addresses:
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State and local traffic mles and regulations, including traffic signs and signals.
Defensive driving principles, collision prevention, and concepts of preventable accidents as a
measure of defensive driving success.
The specific type of vehicle that will be used in service.
Basic driving maneuvers, including difficulties in backing maneuvers that can lead to
accidents, stopping distance requirements, and equipment-specific functions such as door
opening and closing procedures for passenger boarding and alighting.
Training to proficiency in the route and schedule structure of the system.
Dealing effectively with customers.
Emergency and accidents handling procedures.
First aid and CPR
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Supervisors conduct ride checks on all trainees before they are released to drive alone in revenue seJ'\'ice.
Key safety items being observed include speed control, steering, signaling, turning, intersection operation,
passing, traffic judgment, fare handling, passenger pick-up and drop-off, and passenger relations.
Following training, the safety habits of vehiclc operators will be observed at least one lime per quarter.
Safety procedures are reinforced through monthly safety meetings and formal in-class refresher training
sessions. Formal retraining is offered when an employee has been:
. Off work for more than 30 days for any reason.
. Involved in a preventable accident.
. Observed operating in an unsafe or discourteous manner.
McDonald Transit maintains complete and accurate records of all vehicle operator training, retraining,
and certifications, as well as the training materials and grading mechanisms.
Class/'ooll/ Tl'ainbrg
o Employee rule book provisions and unifonn requirements
o Route I system I schedule familiarity
o Commercial Drivers License requirements
o Florida motor vehicle laws
o Defensive driving
o Radio communication procedures and codes
o Courteous and professional passenger relations - with an emphasis on the needs of
the elderly and disabled
o Sensitivity training with an emphasis on working with individuals with disabilities
o Requirements under the Americans with Disabilities Act
o Accident reporting procedures
o CPR and Firsl Aid
o Vehicle technical and safety training
Collier Count}, Board of County Commissioners
Tab 2: Plans and Pro~dures
rage 35
Agenda Item NO.1 OG
June 22, 2010
Page 57 of 138
~r' I ;mcUonul,1 IWf!\tl H\wrirI1l~, Inc.
"" -'..L"":;;_
Behind-tlre-Wlreel Training
o Vehicle Familiarization
o Pre-trip vehicle inspection and defect reporting
o Bus maneuvers, including acceleration, deceleration, and turning
o Operation of all controls, lights, and gauges
o Location and operation of all safety equipment
o Clearances and curb-side stops
o Route and schedule adherence
o Application of defensive driving techniques
o Wheelchair lifts /accessibility devices
o Radio communications - applying procedures learned in the classroom
~
Refresher Training
Safety procedures are reinforced through at least ten hours of formal refresher training at the start of each
season for all returning drivers and Operations SupervisorslDispatchers.
On-going Bl~' Operator Training alld SIIJ1cn'isioll
Ongoing training and supervision includes:
o Ride Check observations
o Time check observations
o Regular driver and operations supervisor safety meetings
o Review of customer service reports
Dispatch, Supe1"1Jisor and Othel' StaffTtaining
Dispatch, supervisors, reservationists and other operations support staff are vital to the success ofthe
shuttle service. They are educated on the standards that are expected of stafT. Standards include, but are
not Iirnited to:
.
Performance goals and objectives and continual monitoring
Appropriate telephone techniques
Timely docwnentation of service delays
Procedures for communication of detours, weather emergencies, and other service
intelTUptions
Efficienttnp scheduling
Subscription trip booking
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Dispatchers, supervisors and other staff are trained in accident{mcident procedures in order to ensW'C that
these circumstances are handled consistently and accurately. All dispatch. supervisory, and customer
service staff are cross-trained in customer relations skills, telephone lnalmers, first aid and CPR and
operating policies in order to handle customer service inquiries and concerns. Supervisors are given a
more intense customer service training as well, to respond appropriately to customers in various
situations. Operations control personnel assigned to paratransit trip scheduling and vehicle dispatching
duties will be given detailed instruction in applicable procedures and professional techniques. All
supervisors, dispatchers. reservationists and customer service personnel receive basic language training in
Spanish to facilitate communication with customers. At least one bi-lingual telephone reservationists will
be on duty at all times.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
rage 36
,
I' 'Iii. Umllill! !mll\illhstJriwl', II!i
,--
Agenda Item NO.1 OG
June 22, 2010
Page 58 of 138
Staffing Plan
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Tilt' pl,," 1111I...1 ld.W addn'.\S Mralt'gil'''' rlw! will bt' adtlPll'd}ilr rc'('/,U;tllh'lII and rdellliml (!r,"UI'!r'Yl'ex to "d(/rc'.~,,' lit,.
(/Iaflt'lJl{l's cl.\sodll1t'C/lrith thl' lOll' wwmpfoymem rcrll' ill the' l\~lpl("s a1".'tl.
McDonald Transit works diligently to provide a rewarding and motivating work environment for all its
employees. All of the management and human resource policies and procedures described elsewhere in
this proposal represent proven techniques for achieving this goal.
Other techniques are used to enhance the environment, promote trust and support positive employee
morale. These techniques can be grouped in two general categories: the corporate culture and special
programs. We strive everywhere to imbue our local organizations with a corporate culture that promotes
open communication, proactive decision making and active participation. All senior managers are visible
and available to all employees. There are multiple
fonnal and infonnal communication devices used to insure that no one in the organization is surprised or
lacks the knowledge they need to excel in their jobs. These include high visibility by all managers in the
work place and easy access to all management employees by any employee. Print and electronic
newsletters are used. Frequent employee meetings are held to provide infonnation and get employee
input. Employee task forces are used to facilitate decision making acrosS'the organization. We have used
these task forces for issues as diverse as a system wide bus route restructuring to selection of a new health
insurance provider. Labor management committees also are used to promote idea sharing. Employee
prnise also is a key iogredient of this positive culture. Every opportunity is taken to reward employee
performance.
In addition to promoting a culture aimed at high employee morale, we have used special programs to
further enhance the working environment. These have included but are not limited to:
. Creation of on-site fitness center
. On site wellness programs
. On site weight control programs (ie Weight Watchers)
. On site screening for high blood pressure
. On site chair massage on pay day
. Providing all employees with a personal computer
. On site computer training courses
. Safety and recognition banquets and award ceremonies
. Employee of the month, quarter and year programs
. Preferential parking for recognized employees
. Preferential parking for ride sharing
. Tuition reimbursement programs
. Employee scholarship programs
. Use of employees in advertisements and community speakers bureaus
. Allowing employees to participate in community events on Company time
. Annual pancake breakfast for all employees cooked by the senior managel1l
. On site personal development programs (ie. Dale Carnegie)
. Employee picnics
. Employee day at local amusement or water park
Collier County Board of County Commissioners
rab 2: Plans and Procedures
Page 37
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I r _~ ~,!!:nOJjufl1lrmmlll~)Ol,IfJJB IHI.
Agenda Item NO.1 OG
June 22, 2010
Page 59 of 138
While this is only a partial list, our goal is to regularly find new and better programs to keep employees
involved and motivated. While providing public transportation is a serious and sometimes stressful
business. these kinds of programs can bring -fun-to the work place while supporting the overall mission
of the organization. It also is surprising to find out how much can be done with a very small financial
investment.
t
Employee Incentive Progl'am
McDonald Transit recognizes that the key to a successful public transit system is the people we employ.
They are our most valuable resource. We must create a work environment that shows someone cares for
them and that their worle is appreciated and we will work to develop feasible incentives. Various methods
have been utilized by the systems we manage to create such an atmosphere including:
. Quarterly and annual safety bonuses
. Additional floating holidays for exemplary performance
. -Million Mile- award for safety
. Financial rewards for increased revenue
. National Safety Council pins
. Financial rewards for employee suggestions
. Financial rewards for increased passengers and/or revenue
. Employee-of-the Year awards
. Recognition for years of service
. Bus Roadeo
. Mechanic Roadeo
Celebrating employee's achievements lets them know they are appreciated and generates stllbilityand
success in the organization. The most successful employee incentive award programs are developed in
consultation with the employees who will be the recipients of the awards. Therefore, McDonald Transit
will develop an incentive program for employees by soliciting from them what types of incentives would
be most effective in encouraging their superior performance.
Employees at Collier Area Transit participate in a safety incentive program that provides quarterly and
annual financial rewards for accident free driving.
During our tenure as the contractor for the County recruitment of employees has not been an issue. We
use the following strategies to recruit and hire employees:
. Advertisements in local newspapers
. Current employee referrals
. Use Work Force Development/One Stop Career Centers
. Advertise positions at public outreach meetings
. Posting on public bulletin boards available to CAT
These techniques have produced a steady stream of applicants for our consideration and hiring.
CollierCoW1ty Board of County Commissioners
Tab 2: ptans and Procedures
rage 3a
I '
. " ,HldJiJ!wh: lr(m~i! 1I~'!lLm!f \, fill
, , ;
Agenda Item No. 10G
June 22, 2010
Page 60 of 138
Experience wit" administering, implementi1lg and operating
coordi1luted purutrunsit systems:
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!H1hrll,1 ;,,/"1'11'1111011 d(,s,'"ih''~,I"Ol''' ('Jpt'r/('''('j',~ lIiIII uclJllim.\kri'lg. IIl/J1h.,,/{.fltlfJ~ tll/.' "J)('l'/lIill~ ('/m,.d"falinl! !lfll'dtrf1l1\lI
\('J'\';{'(".. D(.\,.,.ihl' It/HI' ulortlilHuirw t~f !I.tlmpOrfdl/(l/J fiJl" 111., tli.\mll'IUlWI!.I,d \IiI! h(' impI(,1flI'II/t'd (0 flU'(" 11". tl{'I,rI,- t~/llw
lIu.'rult'fllls.'/'f ill tI,e 'J1l'lHil'd _,'('I'\j,'(' on','
I. De.I'crib" the agclll)'ijirlll '.\' e-,per;e/Ie'c with c/lOI'dillatioll/prol'MoII ~f t,'u/'-'p"rtatioll .<j...tem...for
trull.\pOrfQtioll di"ittdll(llltagl!(f pL'rsofl,",
McDonald Transit has extensive experience in administering, implementing and operating coordinated
paratransit services. This can be seen in the paratransit systems that we manage as follows:
Abilenc, TcxllS 104,530 612.738 104.268
Bloomington. Indiana 28.826 190.650 17.825
Lubbock. Texas 107,684 741.217 47,831
Comer County, Florida (Naples) 112,728 1.155.238 63.154
Fort Wayne. Indiana 45.692 250.628 24.358
Hall County, Georgia (Gainesville) 26.964 105.744 9.701
la\\ton, Oklahoma 24.302 119.225 8.397
Longview Transit Management. Ioe. 10.171 62.467 5.222
Fort Worth. Texas 15].542 2.119.840 73.777
Midland..odCSl'B. Texas 23.999 117.474 7.848
Mobile. Alabama 105.982 716.394 56.108
Niles. Michigan 23.458 75.375 6.255
T~;u'kana. Texas and Arkansas 5.690 32.848 2,959
Victor Valley, California 103.792 516.031 36.943
Volusi. Caunry. Florid. (Daytona Beach) 243.478 2.051.626 137.896
Waco. Texas 77.450 753.533 37.750
A good example of coordination can be seen in the work we have done in Volusia County. McDonald
Transit Associates, Inc, (McDT) has been responsible for coordinating paratransit services in Volusia
County since 1996. Prior to this time, the V olusia County Council on Aging served as the Community
Transportation Coordinator (CTe). McDT, in its role as manager ofVOTRAN, was asked to take over as
CTe based on recommendations offered in the Transit Development Plan (TOP) as a means to increase
the coordination of countywide transit services, maximize the use of existing transit services, and
minimize the duplication of services. In assuming the role of CTC, VOTRAN was faced with the
following significant challenges.
Collier County Board of County Commissioners
T.h 2: Plans and Procedures
Page 39
Agenda Item No. 10G
June 22, 2010
Page 61 of 138
I : }l!cUlIilflld InHLS!! ilwj[jm!.~.lftl
)
.:.
.:.
.:.
.:.
The CTe was $200,000.00 in debt.
The fleet of paratransit vehicles had exceeded their useful life and needed to be replaced.
An automated scheduling system had been purchased but not implemented.
The contracts with the private vendors needed to be renegotiated.
V olusia County in an active partnership with VOTRAN resolved tbese issues over a three year period.
VOTRAN operates 44 vehicles and has an additional 30 vehicles under contract to transport, on an
average of 1,400 scheduled trips per day. These trips are multi-loaded and include Americans with
Disabilities Act (ADA), Transportation Disadvantaged (TO), Medicaid, Section 5311 and social service
agency customers.
The Transportation Disadvantaged Service Plan (TDSP) is an integral part of VOTRAN's TDP. The
pbilosophy of the system is to develop mobility options for the residents of Volusia County. These
options are developed and planned for within the structure of the TOP. VOTRAN uses the TOP process
to test operational concepts with policy makers both on the Volusia County Council and the Volusia
Metropolitan Planning Organization (MPO) Board of Directors. As noted earlier, the recommendation for
VOTRAN to assume the responsibilities of the cre was made in the TOP. Since the recommendations
were made as part of the TOP process, VOTRAN has continued to develop the TOSP in conjunction with
the TD process. The coordinated paratransit system is viewed as one of the mobility options in the
system's family of services. After several discussions with the TD Commission staff members, they have
allowed us to prepare the TDSP in tlllS manner as long as it meets all their requirements.
Since VOTRAN operates an array of services (i.e. fixed route, paratransit, commuter assistance, etc.) a
cost allocation plan had to be developed and approved by the Federal Transit Administration. This plan
allocated the cost among the various services in order to properly document billing for the following
programs.
.;. ITA Section 5307
.;. ITA Section 5311
.:. FDOT Block Grant
.:. FOOT Service Development Grant
.;. FOOT Commuter Assistance
.:. Medicaid
.;. TD Trip & Equipment Grant
A key component of this cost allocation plan is the administrative fee per para transit trip.
It is important because VOTRAN must add this charge to the invoice from the private vendors in order to
draw down funds from the appropriate funding agency.
The gate keeping function used by VOTRAN involves a continuing review on how transit services are
structured to serve the disabled as well as the eligibility for ADA, TO and Medicaid paratransit service.
VOTRAN wiII assist agencies providing service to the transportation disadvantaged with either obtaining
vehicles or obtaining funding for the purchase of vehicles. County policy allows VOTRAN to donate
retired vehicles to non-profit agencies that currently use VOTRAN paratransit services. In return, these
agencies must enter into a Coordination Agreement with VOTRAN to mioimize their use of paratransit
services to meet their transportation needs.
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
rage 40
I : ' I l!lil!l:l/IIlIrj jmfl~illl.<,\tlmilF..\.llH.
-, ,
Agenda Item NO.1 OG
June 22, 2010
Page 62 of 138
The Transportation Disadvantaged Local Coordinating Board (TOLCB) has adopted a policy that those
agencies who receive Section 5310 funds for vehicles must enter into a Coordination Agreement with
VOTRAN. TIle purpose of this agreement is that those agencies, again, minimize their use of paratransit
services to meet their transportation needs. Under the Coordination Agreement, the agencies must report
their trips to VOTRAN for inclusion in the Annual Operating Report. The inclusion of these trips lowers
the average cost per trip.
2. Describe rh,- agell<,ifirm~' experiellce ...ith delV!lopillg a TrulIsportatioll Sen.;ce PlulI or
lI'U/I.\p0l1ati/11/ Disadl'alltllged Serl'ice PllIlI (TDSP).
All of our Florida managed systems (Volusia County, Ocala and Collier County) are in compliance with
the TOSP requirement. We work cooperatively with our clients in thee locations to produce and update
the plans. McDonald Transit's Consulting Division also has completed a variety ofTransportatiOI1
Service Plans, which include both fixed route and paratransit service components. Senior Vice President
Ken Fischer has developed Transportation Disadvantaged Service Plans for Sarasota County and been
instrumental in the Volusia County plan. TItis will serve Collier County through a solid foundation of
corporate expertise in service planning, service delivery, and performance monitoring for paratransit
services.
J. Dc.<L'I'ibe holl' Ihe agellc,r/jirm has alld...iII eomill/le 10 suti.o;Jj.' prm'isioll.\' ofSectitm 504 ilfthe
Rl'habililatio" Act, Ihe Americalls lI'ith Disabilitie.\' Act, alld other applicable fed,'ral, .stal,' and local
reqllirements regardiltg tire provisiolt nfxl!rl'icl!....tn pl!np/e wit" di\'abiJitie.\"
Our transit and paratransit systems are regarded highly in each state or federal reviews. Our managers
are trained to prevent problems which may arise in triennial reviews, NTD 8Iutual report reviews,
Inspection General or GAO reviews. We are frequently called up to assist clients with strategies for
compliance with Federal Transportation Administration requirements. Our /inn is noted for its role in
developing new transit efforts under budget, ahead of schedule, and absent any federal, state, or local
regulation violations.
4. Descrihe the apl!lI(I'({irm t,,' e.\7Jeriellc.'l! ill COOl'flil1(t(jllg mll/ti-agellcy (I'ulJ.'1uwtalioll /It!ed....
dllCUIllCtUat;oll of r,'dllced per trip eos! rt.:."..ultin..!!, Ji'(l'" conrtfillfltioll, ahili(l' /0 UPP() , fo/' Irlll1.\portatiofJ
grollts and (:011("""1-'" UIIt( t!fJidr1l1~r marragi' tilt! cOlltracts and {I(,C'OIJ1lting procedure.,," to document
i"dil';t[UCl/ trip.\' lIlfd age/lt:}' ('OS!.,.. Tlti.'- x(!ctio/t .\1wu/t1 (l{fdre.\'.\' e.\]Jl!l'iell('f! (Iud 1'J1prrJtll'lt III "gilttJ
ke('pillJ: "fullctioll.\' when' trip.,- lire I1WIUlJ.:('tl amI ([.\'.\'1';:11('(1 ftppfojlriltfe{J'.
In nearly all of McDonald Transit's operations. it is essential, and often times, required, to coordinate
with several transportation providers. These service providers include public, private, and non-profit
providers. Inter-agency coordination is important in order to maximize all of the publicly-funding services
that mingle within a regional area. The key to successful coordination is continuing communication,
record-keeping and effective scheduling. Communication allows our staff to know how our customers
can fit within other transportation services. This provides our customers with the best alternative for their
trip, thereby increasing efficiency and productivity on our systems. Record-keeping is the key to accurate
perfonnance monitoring. Performance monitoring then leads to implementing effective changes to
improve the service in tenns of both efficiency and effectiveness. Scheduling is the output of an effective
communication system and accurate record-keeping practices. Additionally, knowledge of the scheduling
software and how to use all of its capabilities allow our staff to best schedule the daily assignments.
Some examples of our experience in efficiently managing this type of coordination include, but are not
limited to:
CoJljer County Board of County Commissioners
Tab 2: PJans and Procedures
Page 41
Agenda Item No. 10G
June 22, 2010
Page 63 of 138
JIll fJmwlri frailSll1iiiOl fn/H. !nl.
M. , ,
)
. Brokering and managing paratransit trips in Collier County
. Coordination of paratransit services and management of County non-urban provider in Fort
Wayne, Indiana
. Administration of Dlulti-county trip and grant coordination for vehicle purchases in Tarrant and
Parker County, Texas
. Coordination with fixed route services through education and lravel training in Fort Worth, Texas
. See also discussion in # I above referencing Votran experience
5. Dt!,ftcrihc an)' l!.'\:periclIce in coordinating l1tulri-llge1Jf',l' r"....Olll.t:t!.'i, il1d"dillg abilit)' to lIel:nt;llf('
!l'ChDOI blt.ft' lIse. C'oordinat(J WiTh public trous;t .'(}'stelll.\", SlIhl'OlIfraC't with private sector fJp(!rator.4i alld
work J.I.';th gm'r!1"I1ll1elltal agendes III maximize 1I.~e of agenc)' 1'C~IOW'C{!!\' mill i"'prOl'e coordi"aftlld
trallsporlOlioll fnr tlli! trllll~pOl1Cltioll di.\'adl'olltllged.
As discussed above. McDonald Transit coordinates with other agencies and governmental agencies on a
daily basis. As a private management company, we are adept at negotiating contracts with any entity, be it
public, priVllte, or non-profit. Resources include both funds and Slaff time and expertise. At McDonald
Transit, we are continually striving to find ways to improve efficiency to maximize funding resources and
10 most efficiently use the time and talents of our staff. This attitude extends from our front-line staff,
including operators and dispatch/scheduling .taff, to our company Chief Executive Officer. There are
several examples of how we perfonn these functions. In Valparaiso, Indiana we coordinated the routing
structure of the municipal bus system to provide flex routing to meet paratransit and ADA requirements.
In Bloomington, Indiana, we provided maintenance and other assistance to the human services provider in
the County and eventual took over provision of the urban paratransit and ADA component. In Fort Worth,
Texas the McDonald professionals were selected by the State and local COG to manage trips and vehicles
provided through the old FrA Section 16 (h) (2) to non-profits agencies and social service providers in
the surrounding counties. We also have consulting experience in coordination. McDonald Transit
perfonned a successful coordination study that hannonized paratransit service in West Des Moines, Iowa
between the local transit agency and the historic human services provider.
6. Idelttij,i' tile method of conrdinatiolt ro be used in .w:llelfltliltg trip.\'. 1delltifj' <'Oil/purer .\'o.flware used.
De."..,-,.ibe thr prncetftll't! w;edfrolll th~ lime Q call requc!ititlK a trip iJ.' rCl.'ei'tV!d by the Coordinator
Ihmugh tctbul(Jtiolt, to mailillg II hill to tile PIll'c/lOsillg(fillldiug 1'.11"11<:1" Tlli.. shall illclude, bur IIOt be
limited TO, lI<ul<II;'11I (~r calls, e.<tablishillg drj,'er routillg .,-heel'<. re"lIrtfiug IIctu"r trip... prOl'ided bJ'
age/lcy Glut preparation of 011 agc"')' jlll'oirc.
McDonald Transit is proposing to use Roule Match for the scheduling of paratransit trips. Once eligibility
for the appropriate program is determined, the trip request will be processed as follows.
Re.~erv;nt! Q TriD
Reservations for a trip would be accepted 7 days ahead of the requested trip, Monday thru Saturday; for
next day trips, customers would call by 4:00 p.m.; for Monday trips, customers would be encouraged to
call hy 4:00 p.m. on the previous Friday. Requests for same-day service would be made on a spaee-
available basis. lnfonnation to be entered for the trip request would include:
(. Pick up location
o Name
o Phone Number
o Address
Collier County Board of County Commissioners
T.b 2: l'Ions and Procedures
Page 42
: IIUJrJil1.1id Iwn~il !I~~~'I.l(jlfS /ilL
Agenda Item No. 108
June 22, 2010
Page 64 of 138
.:. Destination
o Name of Personl AgencylBusiness
o Phone Number
o Address
.;. Appointment time and Return time
.:. Medicaid Number (if applicable).
.:. If a PeA is needed
.:. Additional Travel Requirements
.:. Return Trip Pick up Location
.:. Appropriate Billing Code
Nursing homes and Senior Centers may be allowed to make reservations for their clients via fax.
Subscription service may be offered to customers that make regular trips on a weekly basis.
Schedulillf! Preliminary scheduling of the next day trips will begin at approximately 10:00 a.m. based on
the runs developed around the subscription trips. AI; discussed earlier, the service matrix will outline the
initial ron structure for service based on time of day, in county, out of county and stretcher trips.Ncar the
end of the reservation day, approximately 4:00 p.m., the scheduler will complete the manifests for the
next day. These manifests will contain information such as:
.:. Customer's Name
.:. Pick up Location
.:. Destination
.:. Scheduled Pick up timeIDrop off time
.:. Fare Code
The manifests will be provided to the vendors for operation.
Dispatchillg Coordination with the dispatchers will occur regarding changing of trips. no shows and
cancellations. All this infonnation will need to be properly documented on thc manifests by the vendor's
drivers and turned in for verifications by McDonald Transit.
Trip Documelltation Collicr Area Transit staff will cnter and verity information associated with the
scheduled and add on trips. TIus will include verification of:
.:. Trip was made
.:. Bill Code
.:. Fare Collection
.:. Per Trip Rate
.:. Mileage
VelldoT 1Ilvoicillf!/Pamzent After the appropriate verification of manifests and invoice, vendors will be
paid every two weeks.
FUll/lillf! Af!ellcv Illvoice The County would be invoiced on a monthly basis for the provision of service.
Detail would be provided by bill code, fare collection, trip type, mileage, hours and total number of trips.
CollieT County Board of County Commissioners
Tab 2: P1ms and Procedures
Page 43
Agenda Item No.1 OG
June 22, 2010
Page 65 of 138
I . JHdlL'll'illi lrau}il ib~!ILff1!f'" Iw;
7. Prol.;t[e" reco",,,,elldntimt Oil I"L' lUllllhf.'r.'i and (I'PI! of operotors Ilet'df!d f(J satisJ.j' tilt! trltll1\p0l111tion
di.\'ad,'alltuged demalldaadwllatope(!f!.ehit.le.\"willhelleee.....ar.l..
1
Currently the system uses twenty (20) Collier County paratransit vehicles in a mixed fleet with different
seating / wheelchair capacities. In addition. McDT contracts with private sector
subcontractor who use both private vehicles and Collier County paratransit vehicles. Private sector
subcontractors use up to an addition 2S (twenty-five) vehicles depending on the number of out of county
trips requested on a given day. These will continue to be used. A possible enhancement to the system
would be to allow the use of taxi cabs for passengers who become "will calls." Using taxi cabs would
take advantage of transportation capacity current on the street, and bas the potential to be a cost saving
measure. Staffing levels are identified above.
8. if uppropriate, describe the pro('e.I.''for cOllt/"Qctillg "7th operators ro pro!'ide the delil'cry' of.Ie/'l'kc.
Spe('ijicu/~l', ...iII r/re Mallogemellt CompallJ' IIegotiare, t>I' "olldllct Request.\" for Quo/(ficaritms, or
Rt!quc.'t1 j(Jr ProjJosal.o;;?
Subcontractors are selected by competitive proposals. Oversight of Collier County will be included at
each step. Transportation vendors will be monitored on a quarterly basis. Vendors must have a written
System Safety Program Plan (SSPP) that complies with all requirements of Florida Department of
Transportation Rule Chapter 14.90._The quarterly review of vendors will consist of the following:
.:. Section I - Vehicles
. ADA Certifications of Compliance
. Inspections of vehicles for safety and cleanliness
. Review of Maintenance Records
. Review of SSPP and Maintenance Plan
.:. Section 2 - Radios
. lnspection of Two- way Radio System
.:. Section 3 - Driver Requirements
. Review ofPellionnel files for appropriate documentation
. Review of Driver Training
. Review of Complaint Records
+:. Section 4 - Drug Free Workplace
. Review of Written Policy
. Review of Testing Procedures
.:. Section 5 - Accident Procedure
. Review of Accident Documentation
.:. Section 6 - Other Document lnspection
. Review of Vehicle Insurance Policies
. Review of Workers Compensation Policy
. Review Business License.
9. Dvserihe the met/rod tlw Cool'dillatllr "oj{[ /lSV ro plaev rrips witll tl'all.lportatitlll ope/'ators.
McDonald Transit does a broad outreach for possible providers. Utilizing publisbed resources in the
community and our contacts gained from public outreach and experience, a target list of providers is
identified. Transportation providers are pre-screened for all local, state, and federal compliance with
regulations. We also do on-site investigation of the provider's capacity, quality standards, background,
customer focus, vehicle availability, complaint history and geographic coverage. Once we are satisfied
Collier County Board of County Commissioners
Tab 2: Plans and Procedures
Page 44
I
I " IDldJonu/d Tramir {j\\fIl i!/JF~, 11/1
Agenda Item NO.1 OG
June 22, 2010
Page 66 of 138
that the provider can meet our client's quality standards, we enter into a COlllract with the provider. Trip
assignments are made on vehicle, and personnel resources, and in consideration of geographic coverage.
III. D('..crih~ lIr lillI/I'll Y"llr IIgelll:I'/}irm'.. pm,'e,llIre.filT ,'ompl,,;/It /'1!.\'011l1;'1II and app~alllf decMlIIl,'i,
As part of Collier Area paratransit we detennine program eligibility, provide management for the
provision of service, and administer the Transportation Disadvantaged Local Coordinating Board's No
Show I Cancellation Policy. If the customer is not satisfied and I or disagrees with a decision such as
eligibility for a program, have a complaint on service delivery, or disagrees with a no-show I cancellation
violation, he/she may file a grievance or to request an appeal.
The process to file a grievance, or to request appeals are as follows:
STEP ONE: Contact the Superintendent of Para transit. The Superintendent of Para transit will investigate
the concern and provide a response.
STEP TWO: Contact the General Manager of Collier Area Transit. The General Manager will review the
case and provide a written response.
STEP THREE; Contact the Collier County Transportation Department's Public Transportation
Coordinator I Senior Planner.
STEP FOUR: Contact the Collier County Alternative Modes of Transportation Director.
We also provide contact information for the Florida Commission for the Transportation Disadvantaged
Ombudsman.
11. D,'s('/'ih,' tit<' !,,,/C'edl/'" I/sed III lIIol/iwr IIp''rtlf(lr.\' ((J III"I!I /'eql/i/"'lIIenls (If' Cltaple/' /.1-9(1, No/'ida
Atlllli"i.\1ratil'l' emle.
In compliance with Chapter 14-90, Bus Transit System Operational Standards. Collier Area Transit's
SSPP plan will consist of safety considerations and standards for the following:
.:. Require that all operable transit buses be inspected
.:. Assure that safety inspections are perfonned by qualified personnel
.:. Annually submit a safety certification to the Department verifying the adoption of a SSPP
.:. Annually submit a safety certification to the Department verifying compliance (example on
Altllclt/lll!/IC CD)
.:. Require immediate suspension of aflected system service operations if believed not safe for
passenger service
.:. Require that all buses be operated t all times in compliance with applicable traffic regulations
.:. Require proof of valid license for all employees who drive buses
.:. Establish driver training and testing
o Explicit instructional and procedure
o Road test of sufficient duration
o Evaluate the skills of the driver
.:. Establish driver training for operation of special equipment
.:. Provide a written operational and safety procedures 10 all drivers before driving
.:. Maintain a current record of the different types of buses each driver is capable of driving
.:. Maintain a record of each driver's work period
Collier County Baud. of County Commissioners
Tab 2: Plans and Procedures
ragt'45
Agenda Item No. 10G
June 22, 2010
Page 67 of 138
)
j
.' rmtDOfllJld TrlJfl~il ns,m illll.~. IJir
Agenda Item NO.1 OG
June 22, 2010
Page 68 of 138
Financial Capacity and Cost of SeIVice
Financial Capacity
.
PI"Ol'it!(' ;uf01'r1Jut;oll rdmillg to tlte Hilllnd,,! conditioJ1 (?fProposcr, if/dueling il!!OrllUllioll c/cmoll.wrlJling llim ill111.\
the N('n'.\"_\m:r fbul1lda' n'.\/J/lrn','i to meCl the r,'qllirl'lIlt'lIl.\ .\'h()\rfI in ,his RFP. 77Jis infi)rI1lClI;rm ir;// indl/d,-: (lJ
IIIl1li/('t! halllllCt' \/h't't,\ ,11 Pro/loSI'" lor rhl' lust ,hrC'l' t3J.li.~("(Il.\,(,(ID.. /I) iJudilC'd CIJ"solidafj'd huhmn' .\hct'/,' t?f
Prup".\('r (/f"! it.'i .'"u!J.''idial'ic's, irallY. till" die' /(/\'[ three (3J.fis('al.1'l'ors. c) Alldiled\"f{ltc'II/('/11S (~(ilJcmll" and
sf"ckhold;:r+;' ellUity, !"a/~l'. lInd change,\" ill tJw/hwl1clc/1 f!os,.,icm f{f ,1,1.' frcJ/1O.wr/or ils If/M tltre'c: (3) .1"'01"." tlml .ill
Audited ('on.'io/idtl!('d Slm,'I/H'11lS (~I iIlUJJ1h' uml,,'/uddto!dcrs'l't!uify, {f tiflY, rllld "!UJIlp,t'S ill 1l1eji",tIIl'ial pusificm of
Propo,"t'" ami iI' suhsidiurit's, ;(any.fill" rill' IW<iI Ihl"(,<' (3).fi.~("(II.l"!'tlrs.
McDonald Transit is one of the fastest growing firms in the transit industry. Our client retention
rate is the envy of the national firms. As an employee owned finn, we are very proud of our
recent growth and the continued strength of our company. Our only focus is excellence in transit
management, maintenance and operations. McDonald Transit has never failed to complete a
contract. Mr. Barry Kromann, Senior Vice President, Texas Capital Bank, Mr. Gary Dunlap,
Broder, Pineider & Ford, LLP (Certified Public Accountant) and John Hill, BB&T Insurance
Services of Cali fomi a can attest to the financial stability of the firm. Their contact information is
as follows:
Mr. Barry Kromann,
Senior Vice President
Texas Capital Bank
500 Throckmorton. Suite 300
Fort Worth, Texas 76102
(817) 212-8333
Mr. Gary Dunlap
Broder. Pineider & Ford, LLP
Certified Public Accountants
413 Keller Parkway
Keller, Texas 79244
(817) 431-9410
Mr. John Hill, Vice President
BB&T hlsurance Services of
California
750 B Street, Suite 2400
San Diego, California 92101
619-525-2838
McDonald Transit's financial statements are included 00 the Attaclrment CD.
I'J SIU/c 11""('/"(''' or nol Propml'r. it~ IJr('d("("(',~,\(II:\. or its ,,,.i,,ci/Jut.. /'01'(' he('I' illl'o/1"t'c/ ill bankrnpl(l'. ~1 ,\0, ,ein'
defl/l/S,
Neither McDonald Transit nor its principals have been involved in bankruptcy. There is no
predecessor company to McDonald Transit.
!J I", IlIClt. ill/Iris wh Ilk cO/llp/ch'd em'l p1"t1}lt1sltf./imll,~ .10}' hoth !i.\{'d milk find jlatlllrom1t IlJ"t1.!,:IWl1,~
The Cost Proposal is included at the end of this section.
Collier County Board of County Conun.issioners
Tab 3: Financial Capacity and Cost of Service
Pagel
,c ,]iTkDonold TrallSil (lmll!iJ ttdm"
Agenda Item No.1 OG
June 22, 2010
Page 69 of 138
)
Additional Plans
.
.
.-fdJititmull'lu/ls: Sulmlilwith your flTopn.\als t/zl',fo/loH'lng und (/l'11InIlMrtllt' 11,,:\, mn'l alluflplicah/t'ji'dc:ral
f'(-qllin'/IJ('/JtS:
o Amuurl /llImall Rc,\ow'("cs (EEOCJ Plan
o Amllf!l/.~(iiI1J1Cl'it.c .'It:firm Phm
o Alll1ua/lhlining Plun/i". All Jol1 CClI('gorie.\
o ProPOSi'l! Heal,1r B~"h:fll Puckllgc.'
The EEOC Plan and Affirmative Action Plan are on the Attacllment CD. They meet
applicable Federal Requirements.
Annual Training Plall for All Job Categories
All employees will be required will be trained on the following categories when hired and
annually (refresher training).
. Job descri ption
. ADA
. Substance Abuse
. EEO
. Defensive Driving
. Customer Service
. Passenger Sensitivity
. Right to Know/MSDS
. F.A.C. 14.90
. Personnel Manual
. Blood Borne
. Safety/Security
Collier Area Transit employees a Certified Train the Trainer under the US DOT / FT A - Transit
Safety Institute Bus Operator Certification Program. Every fixed route and paratransit bus
operator must successfully complete the certification course prior to starting work as a bus
operator. The certification covers bus operations, emergency management, and customer
service. In addition to the above, all positions receive annual training and retraining as indicated
below.
Collier County Board of County Commissioners
Tab 3: financial Capacity and Cost of Service
Page 2
~Cmmty-
Adn i _dli.e Servioes IJiviIIion
Putltll8ing
DATE:
TO:
FROM:
RE:
EXHmrr "D"
Agenda Item NO.1 OG
June 22, 2010
Page 70 of 138
Purchasing Department
3301 T amiami Trail East
Naples, Florida 34112
Telephone: (239) 252-8446
FAX: (239) 252-6697
Email: BrendaBrilhart@colliergov.net
April 27, 2010
Proposers for RFP #10-5455
Brenda Brilhart
Presentations _
The following firms have submitted proposals for the RFP referenced above and will be required to
make a brief presentation to the Selection Committee. Presentations will be given on April 28, 2010,
at the Collier County Govemment Center, 3301 Tamiami Trail East, Naples, FL, 34112 (Purchasing
Building Conference Room A). The presentation order will be as follows:
9:00 a.m. - 9:50 a.m.
9:55 a.m. -10:45 a m.
10:50 a.m. - 11 :40 a.m.
11:45 a.m. -12:35 p.m.
12:35 p.m. - 12:45 p.m.
12.45 p.m. - 2:00 p,m.
McDonald Transit
Nationwide Transportation Systems
MV Transportation
Tectrans
Break
Selection Committee Meeting (Open to Public)
There will be five minutes allowed for se!::!!p->'.iiIIIimlIIII will be allotted, which will include 25
minutes of presentation followed by ~ for questions and answers. Since we
are interested in oral presentations, please keep display items to a minimum. As a profeSSional
courtesy, we request that firms refrain from sitting in on other firms' presentations. The Project
~~e_d in your proposal will be the primary presenter. Each firm may bring a BE
~ to assist with the question and answer portion of the presentation. If your firm
requires any visual presentation equipment, please contact me at (239) 252-8446.
Please address the following topics during your presentation:
. Overall staff and industry experience summary
. Why your firm stands out above the other proposers
· Transition step by step plan from current vendor to new vendor
4li l : '-~t':;r : ':'\j}~l" ':'1: JW:J ~ ; () ~ 1.if~ liJf'2i~
'1 ~
'~"1'
'i3l;i;i
Following the presentations, the Selection Committee will be scoring and ranking the firms for a final
shortlist to be submitted to the Board of County Commissioners for approval.
Thank you for your participation with Collier County on this project.
C: Glama Carter, Alternative Transportation Modes
PalrlckG.Whlle
Of Counsel
pwhIlo@portarwrighloom
Board Certlfl8d In City. Cotmly, and Local
Govemment Law
PO!lerWright
Monts & Arthur LLP
9132 Sb'ada Place. ThIrd-Floor
Naples. FlorIda 34108-2683
DItect 239-593-2963
FIIlC 239-593-2990
. ToIl'-: ~78-7962
www~
porterwright
"""""""
ClEVElN<O
COUJMeUS
""YltlN
NNUS
_DC
NAPLESJ583667 y.02
Agenda Item No.1 OG
June 22, 2010
Page 71 of 138
EXHIBIT "E"
May 20, 2010
VIA E-MAIL STEVECARNELL@COLLlI::RGOV.NET AND REGUlAR MAIL
Mr. Steve Carnell
Purchasing Director
Purchasing Department
Collier County Government
Complex, Building "G"
3301 Tamiami Trail East
Naples, Florida 34112
Re: Notice of Intent to Protest
RFP 10-5455 - Management Services Contract for the Collier Area
Transit (CAT) Fixed Route and Paratranslt Program
Dear Mr. Carnell:
On behalf of our firm's client, McDonald Transit Associates, Inc., please
accept this Notice of Intent to Protest (Notice) the recommended award of
contract for Management Services Contract for the Collier Area Trarisit Fixed
Route and Paratransit Program for the referenced RFP.
According to Section XVIII, Protest of Bid or Proposal Award, set forth In the
County's Purchasing Policies and Procedures, we have two (2) calendar
davs lexcludlna weekends and Countv holidavs) from the date that the
recommended award Is Dosted, to so file our Notice. BasBd on the fact that
the recommended Bward was Initially posted on May 18"', our Notice is timely
filed.
Please confirm our timely filing by an acknowledgment of receipt of this Notice
for the referenced RFP. Thank you.
~,~
Patrick G, White
Of Counsel
PGW:ag
cc: Brenda Brilhart (brendabrilhart@colliergov.net)
Robert Babbitt (bbabbltt@mcdonaldtranslt.com)
EXHIBIT "F"
Agenda Item No. 10G
June 22, 2010
USA company in 1996, John became a founding shareholder and operated the company as the Phoenix branch of Coach USA
from 1996 until 1999 when he was promoted to Vice President responsible for Coach USA's West Region operations and
relocated with his wife and two daughters to Las Vegas. In 2005 John changed roles with Coach USA, taking on the challenge of
Vice President of Sales and Marketing, until he joined the Teetrans team in 2009 as COO, John has direct oversight responsibility
for all transportation operations for Teetrans operating companies. A full resume for John Busskohl is included in the Appendix
at the end of our Proposal.
MARK LEVITT: SENIOR VICE PRESIDENT - EAST OPERA nONS
Mr. Mark Levitt oversees the day-to-day operation of the company's East Operations which includes some 32 contracts in the
State of Florida, more than any other Transit Management company in America. Since Its inception In 1984, Mark served as the
President of limousines of South Florida, Inc. and continues to serve in that capacity for the Company as a wholly-owned
subsidiary of Tectrans, Inc, Mark has seen his transit operation grow from only a handful of vehicles and one major contract, to
more than 200 vehicies operating contracts in communities across South Florida. Mark will hold overall responsibility for the
success of the Collier County Management Team and the operations assigned to it. He will serve as the Transition Agent to
ensure that all resources necessary to ensure a smooth and seamless transition to Teetrans' management team are available, not
only when they are needed, but well in advance, He is a speCialist in developing successful contingency plans for transit
operations and takes enormous pride in the satisfaction level of his transit and shuttle customers. Mark developed and
Implemented the companywide culture of Total Passenger Satisfaction and ensures that all employees who report to him, either
directly or indirectly, subscribe to this same mantra, He is a well-known and active member of the Florida public transportation
and Transportation Disadvantaged (TO) industry and has served on numerous association committees. A complete resume for
Mark is included In the Appendix at the end of our Proposal.
VALERIE FlORES: SENIOR VICE PRESIDENT - WEST REGION
Ms. Valerie Flores is a transportation industry veteran with knowledge and experience in all areas of service provision, having
held transit management responSibilities both in public and private sector. Most recently, she served as the General Manager for
the Las Vegas paratranslt contract, which includes management oversight of an entire team of managers, hundreds of drivers,
and hundreds of paratranslt vehicles, Valerie was recently recruited to serve as Teetrans' Senior Vice President - West
Operations, with oversight and management responsibility for all transportation operations and related functions In the West
Region, reporting direetly to the Chief Operating Officer, Valerie's contribution to the success of Collier County transportation Is
to support and encourage her counterpart in the East Region. Mark Levitt, as well as our on-site General Manager, by providing
additional access to corporate resources and support programs.
LARRY SLAGLE: VP GOVERNMENT AND INDUSTRY RELATIONS
Mr. Larry Slagle has more than SO years of experience In the public transportation, paratranslt and taxicab industries, During his
distinguished career, Larry has gained experience working in all facets of taxi and transit operations, and he has been
instrumental in the design, development and negotiation of numerous Dial A-Ride, shuttle, paratransit and senior and disabled
programs, Larry's background and extensive knowledge of public transportation have resulted in recognition and involvement in
local, state and national transportation groups. Larry served as a Board Member and past President of the Taxicab livery and
Paratransit Association (TLPA) and he is currently serving as President of the TLPA's charitable Foundation. Larry has also been
recognized by Clean Energy for his efforts to reduce emissions by spearheading the use of CNG-fueled vehicles, Larry Is available
to ali Tectrans management teams and properties to assist with government and industry relations, at the local, regional, state,
and federal levels, He is also a skilled labor relations expert, having assisted in the negotiations of several labor agreements.
JORGE flORES: DIRECTOR OF SAFETY
Mr. Jorge Flores currently serves as the Director of Safety at Tectrans, Inc, and oversees all safety management for all vehicle
operations, He is responsible for implementing Tectrans' safety policy and procedures in addition all safety-related
communications to all vehicle and fleet managers and employees, He not only enforces Teetrans policies but he also makes sure
that all operating terminals meet and/or exceed what is legally required by local, state, and federal regulations. Jorge genuinely
cares and is passionate about the safety of our passengers and he is a role model within our organization. Jorge is fluent in both
p.S6
Tectran
DBE
Response
Agenda Item No. 10G
n 01
Page 73 of 138
EXHIBrr "0"
Agenda Item No.1 OG
June 22, 2010
Page 74 of 138
Most ofthls Information will be retained In operator/employee permanent hard copy records that are managed by
the management staff. "ccident files wlil be maintained within the Safety Depilltmenl.
Relluirementsfor Federal, State and local RepDrting
For the requirements of Collier County, FTA Triennial review formats and programs are followed based on the fTA
~rogram Ouillne.
NTO report!ng will be C90rdinated with the County admlni~rative staff. ProCfldures forpasS\'yord use, timIng, audit
trails andllpl9adlngqf data will be the responsibility of the General Manager I$slgned taCollier County and for
regionalO\ferslght by our support personnel.
Florida Commlsslol1f9r the Transportation Disadvantaged RepQttlng requirements will have the foUowhtg
Infonnatlon provided and t,achd dally, weekly, monthly and quarterly for uploading annual and ...,qulred
information:
. Trips by service type
. Passenger Trips by type
. Miles
. Total Vehicles
. Expenses
. Complaints
. Acx:idenls
. Cost of Driver Hour
. Cost per mile ohervlce
. Ambulatory and Non
. Passenger TrlpsbV funding source
. Road Calls
. OperatorHours
. Revenues
. No Show and Unmet trip requests
. Miles between Road Calls
. Average Trips per Driver Hour
. Average Trips per Paratransit
Passenger
"II Information will be coordinated, and uploaded with the approval ofthe Collier County administratiVe staff as
directed.
DBEpartldpationCoIlier County Goal- 6%
. Stretcher
. Vehicle Data
. Acx:ldenls
. Financlallnformatlon
. COmmendations
. Cost of trips
. Performance Measurements
Tectranslsalwayslooking far and Interfacing with subco'ltract providers of services for public transit maragement
locations. Whether the servl.:e Is deanlng supplies. printing needs, supplemental lAnlforms, access9r1es forU'liforms
such as nameb~dges, tags, nameplates, office supplies, or towing vendors, we will strive to achieve the ~unty8'9i1
and will review the state registration webslte and even assIst local bUSinesses to In the registration process wlththe
State of Florida designated representative.
PERSONNEL
Proposed Staffing Structure
After careful anal)'S1s of the RFP materials and the needs of Collier County for both Its CAT a.nd CAP operations, we
have developed the fallowing staffing which will ensure that these services will "EXCEED expectations."
Agenda Item No. 10G
June 22, 2010
Page 75 of 138
~m~~~~~~~~~, ,','
BID OPPORTUNITY UST FOR PROFESSIONAL CONSULTANT
SERVICES. AND cOMMoDmES & CONTRACTUAL SERVICES
Prime ContraclarlPrime Consu~ant: Brian A. Sullivan ~
AddressIPhone Nurnbllr. 6053 W. Century Blvd.. 9th Flo r. Los Anaeles. CA 90045. 310.981.9500 ex!. 119
PrOtlJrement Number/Advertisement Number: RFP #1 ()"5455
176440,.62
~
-
4~ cFR Pal126,fl The 1st Is intended to be a listing of all firms thai are participllflng, or attempting 10 participate. on
DOT -asslllted contracts. The list musllnclude all fllllls that bid on prime contracts, or bid or quote subcontracts and
$Upplles materials on DOT ....slsled projec\s, including both DBE. and non-DSe.. For consulUng companles this list must
include an subconsultanls contactlng you and expressing an ...lerest In Iearnillg with you on a epeclfie DOT-assIsted
pf1ljac~ Prime contractors and.consullanls must pI'OlIide information for Numbetll1, 2, 3 and 4, and sholild provlde sny
1nfDl'llllllion 1hey have available on Numbers 5, 6,7, and 8 lor themselves, and their aubconltactors and aubconsullants.
None. Not Applicable.
f. Federal Tax 10 Numl>ar:
2. Firm Neme:
3. Phone:
4. Address:
5. Year FIrm EslabRshed:
6. 0 DBE
o Non-DeE
7. 8 ~~=::~
e. Annual Gross Receipts
~ less than " million
Betwaan $1 - $5 mUllon
Between $5. $10 mlllon
Betwaen $10. $15 million
o More than $15 mlllion
1. Federal Tax 10 Number:
2. FIrm Name:
3. Phone:
4. Address:
5. Vaar Flmi Established:
6. B ~~~DBE
7. 0 Subconlractor
o SubconaUllllnt
8, Annual Gross Receipts:
o Less than $1 m1160n
o Between $1 - $5 million
o Between.$5 - $10 ml1Uon
o Betwaen $10- $f5mURon
o More then $15 mnlion
,. Federal rax 10 Numbar:
2. FInn Name:
3. Phona:.
4. Address:
5. Year Fil\11 Establishad:
6. B ~:DBl:
7. 0 Subcontractor
o Subconsultant
8. Annual Gross Receipts
o Lesslhan $1 million
8 Between $1 . $5 mIPlon
Between $5 - $10 mlllon
o Betwaen 510.$f5 minion
o More than $15 million
1. Federal Tax 10 Number:
2. firm Name:
3. Phone:
4. Address:
5. Vear Finn Established:
6. 0 DBE
o Non-DSE
7. 0 Subconlractot
OSul>cOnsullanl
8. Annual Gross Receipts
o Less than $11111110n
BBetwean5f-S 5 rnllllo n
Between 55. $10 million
Between $10 . $15 mUllon
o More than $15 million.
AS APPUCABlE, PLEASE SUBMIT THIS FORM WITH YOUR: SID SHEET (fnvhilllcm tll Bid -ITS)
LElTERS OF RESPONSE (LOR)
PRICE PROPOSAL (Requast fM Proposal-RFPI
RePl.V (Invitation 10 Negotiate - ITN)
Agenda Item No. 10G
June 22, 2010
age 0
McDonald Transit
DDE
Response
Agenda Item No.1 OG
June 22, 2010
Page 77 of 138
STATIOF Fl.ORID.\I:lEIWf1IEtlf:OI ~~"'11ON
BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT
SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES
McDonald Transit Aallooiates, Inc.
PrimeCcmtraQprlPrime Cons!lilant;
A. dd h N b 3S00 SandsheU Drive. Suite 175,
ress/P one um er:
a7~
PR_
-
(SI7) 232-9551
Fort 'Worth, Texaa76137
Procurement Number/Advertisement Number: RFP 10-5455
49 CFR P!!!l26. t 1 The list is Intended to be a listing of all linns lIlat are participating, or &IIell1Pting to participate, on
DOT -esslsled contrac:ta. The Hslmust Include all flnns that bid on prime contracts, or bid or quote suboontl'llcts and
supPlieS materials on DOT -assialed projects. including both OBEs and nonoOSEs. For consulting companIes thIS fist must
Include all subconsuftanls contacting you and expressing an Inlerest in teaming with you on a specilic DOT -assisted
Protect. Prime contraclOlS and _Itants must prollide Information for Numbers 1, 2, 3 and 4, and should provide any
infolTllalion they have available on Numbenl 5, 6, 1, and 8 for themselves, and lhelr subcontractors and subc:onsuhanls.
1, FederalTsx 10 Number: 7S-U126932
2. Firm Name: McDonal<1 ',l'ranstt Jl.lIs0Clates,
3. Phone: SI1-Z;lZ-lIbllJ.
4, Address: llsoo SandaheU Drive. SuIte 175
Fort Worm, lexas '/61..1/
Inc.6. ~E~;DBE
1. 0 Subcontracior
o Subconsultant
$, YeatFInnESlilblished: Ill11l
8, Annual Gross ReCeipts
o less than 51 million
o Between 51 . $5 million
o BetWeen $5 -$10 million
o Setween $10 . $15 mlllion
Qf More than $15 million
1. Federal Tax 10 Number: 65-0601413 6. DOBE
2. firm Name: Cll1'I'\fi H~3btB Prescribed Ped.i Care U!I Non-OBE
3. Phone: (239) 4 -0400 .
4. Address: 949 2nd Avenue North
NaPles, J.110rlllB 11411111 7, []I Subcontractor
o Subconsultant
5, Year FiIJ1'l Established: .l.1I~'/
8, Annual Gross Receipts
o less than $1 mnUon
e9 Between $1 - $$ moUon
o Between $6 . $10 mllUon
o Beiwean $10. $15 million
o Mare than $15 mllUon
6. DOSE
l2lI Non-OBE
1. FederafTBJ( 10 Number. 37-1548003
2. Firni Name: Fiet.'ce 1'rlUls()Ortatlon
3. Phone: ..
4, Address: 2986 Dunbar Avenue
Fort Meyers, Nonoa ;l3~J.b
7. m Subcontractor
o Subconsultant
5. Year Firm EslSblisltad:
1. FederatTsx 10 Number;. 41-2176229
2. Flrrn,Name::,,'New~ellcan J,~ransport.adUI11
3, Phone: (23~ J n8-~~76
4. Address: 300 Robin Hooll t;lrcle
Unit luz
lQap1i!,s._ :.riurld~,. ,,~ 4J:G4
6. DOBE
Inc. . ~ Non-DBE!
7. QI Subcontractor
o Subconsultant
5. YearFl1in Established:. 2005
8. Annual Gross Recelpls
o Less than $1 malion
o Between $1 . $$ million
o Between $5 . $10 million
o Selween $10. $15 1l1l11ion
o More than $15 million
6. Annual Gross Receipts
EX less than $1miOlon
o Selwea" $1 -$5mntlon
o B.etWeen $5 - $10 million
DBetween $10 -$15 million
o More than $t5 minion
AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR:
BIP SHEEr (Invlllltlon to Bid -ITS)
LETTERS OF REsPONSE (LOR)
PRICE PROPOSAL (Request for Proposal- RFP)
REPLY (InvitatIon to Negotiate -ITNt
Agenda Item No. 10G
June 22, 2010
Page 78 of 138
IlAn Of FLOR~ Cf;PNUWOO~. TJWlSPOR!A'nDi{
SID OPPORTU",ITYl,.f$T FORPROFessIQNALCON$UL TANT
SERVICES, AND COMMODITIES l CONTRACTUAL SERVICES
-
~
McDonald Transit Associates, Inc.
P1Irne Contraclor!Prime Consultant:
Add h. N b 3800 SandsheU Drive, Suite 175,
ress/? one um er:
Fort Worth. Texas 76137 (817) 232-955
Procurement Number/Advertisement Number: RFP 10-5455
49 CFR Part 26 11 The IisUs intended to be a listing of all flrme Ihal are participating, or aUemptl~g to partiqpate, on
OOT ""..ia\edllontl'licls. The list must Include all firms that bid on prime contracts, or bid or quot~ sUlx:onlrllC!$.8Illl
sUJlPlie.s m~lerililson p()T~sslstedprolects, inll1lllling both DBEs andnorH>BEa. For J:OnsulUtlg llOO1Panl"lh~flSt must
In~ e~stJbCon~l.I1\anls contBJ:llngyou ancfexpresslng en interest i~te~i"ll With you on II spacllicOQT"ssIJted
PiO,1eClJ>tirOOcon1r8Ol0ll and .consu/!8nts must Provide lnformlltiQn fotN\imbell 1, 2, 3 all\1 ~, a!l<l sho\ild Ptl:IVIde any
inf~n they I!ave avallebleonNurnbers 5. 6. 7. endS for themselvas, and their subcontrectol'$ endsubconsuJtanlS,
1. Federal TaxlD Number: 26-1626984
2. Finn N8InP.' SNL Tr~-:fortat1on
3. Phone: {~39 J il6,,-~
4. Addl'llSs; 27111 oranfe lirove 'l1'all
Naples, Florl(lS lS41U2
5. Year Film Eslablilhed: 166T
1. Fedeial Tax 10 Nurnber: 59-3731921
2. Firm Name: TLC-Non Ilmergency u'lms
3 Phone' {;oIlSlIJ 001l-/U&3
4: Addre~s: 1".0. liu.l< llG808
Naples. nOl.'l08 ~4!ua
5. Yeer Firm Ealabli$hed; ZllOl
~: ~:e::~,: I~J~~~y: 1~~~s7:;:~:t~on
;: ~~::;s: ~un 44th r..""..c.. su
Ne,p1es. 1'101'108 ~U10
5, YearFlimE$lablished:
5. 0 DBE
~ Non-DBE
7. [Ji Subcontraclor
o Subconsuftanl
6. ~ ~~;-DBE
7. 119 SUl>cQntractor
o Subconsultanl
6, 0 DBE
QJ Non-DBE
7. !2r Subcontractor
o Subeonsullanl
S. Annual Gross Receipts
o Le.. then $1 mlllJoI1
o Between $1 - $5 mlIIon
o Between $5 . $10 million
o Between $1ll - $15 mUII"n
o More then $15 mUllon
8. Annual Gross Receipts
o lesl than $1 million
f]J Belween $1 . $5 miUion
o Salween $5 - $10 million
o Between $10 . 515 mUllol1
o More than $15 miUion
S. Annual Gross Receipts
o Less than $1 million
o Belween $1 - $5 milllon
o Between $5 . $10 million
o Between $10 - $15 mllUon
o More thll/l $15 million
1. Federal Tax 10 Number:
2. Firm Neme;
3. Phone:
4, Address:
5. Year Firm Established:
6, 0 DBE
ONon-DBE
7. 0 Subcontraelor
o Subconsullanl
8. Annual GrOsll Receipt"
o Less than $1 million
o Belween $1 . $5l)'iDlion
o Between $5- $10rniUlon
o Belween$10 - $15 mlilion
o More Ihan $15 mUllon
ASAPPUCABLE. PL~SE SUBMIT THIS FORM WITH YOUR: BIOSHEET (Invitation to Bid -ITS)
LETTERS OF RESPO,.,SE (LOR)
PRICE PROPOSAL (Requ~l for p,opCl5al- RFPf
REPLy (Invllatlon to Negotiate _ ITN)
Agendaltem No. 10G
June 22, 2010
Page 79 of 138
Agenda Item No. 10G
June 22, 2010
Page 80 of 138
Disadvantaged .Qusiness Enterprise
WewiU countDisadvantaged Business Enterprise (OBE) participatiol)tqVl'1ll'dovenllla~d
contract goals.as provided in 49CFR 26.55;
CERTIFICATION STANDARDS
Certification Procedures
McDonald Transit Associates. Inc. will use the certification standards of Subpart 0 of Part 26
and the certification procedures of Subpart E of Part 26 to detem.inc the eligt'biIity of finns to
participlrte as DBEi in DOT-assisted contracts. To be certified as a DBE. a film must meet all
certification c1igibiliiy standards. We will make our certification decisions baSed on the facts as
a whole.
SUBPAAT D
The fum seeking certification has the burden of detljoJlstratine;. by a preponderance of the
evidence, that it meets the requirement concerning group membership Qr individual .
disadvlUltaged, business size, ownership, and control.
McDonald Transit Associates, Inc. must rebuttably presume that members of the designated
groups arc socially and economically disadvantaged.
Individuals who are not presumed to be socially and economically disadvantaged, and individuals
concerning whom the presumption of disadvantaged has been rebutted, have the burden of
proving to you, by a preponderance ofthe evidence, that they arc socially and economically
disadvantaged.
M9DonaldTransit Associates, IDC. will determine whether an individual and firms ha"etneuheir
burden of demons\1'lltinggroup membership,ownership, control, and social and economic
disadvantaged by considering all the facts in the record. viewed as a whole.
SUBPART E
Certification Procedures
In certificationproceclures, McDonald Transit Associates, Inc. must ensure that only filll1$
certified as eligible DBEs under this section participate as DBEs in our program,
I
Agenda Item No. 10G .
June 22, 2010
Page 81 of 138
Bligibili1}'of(ilD1S as DBBs ml!st be consistent with the standards in Subpart D.
PrOCess
I)
2)
3)
4)
5)
6)
Penonn on-site visit to the offices oftbe finn. Interview the principars officers
oftbe finn and review their resumes andlor work histories.
If the finn is a coJ:pOl'ation, analyze the ownership of stock in the finn.
Analyze the bonding and financial capacity of the firm.
Detennine the work history of the finn, inoluding contracts it has received and
work is competed.
Obtain a statement from the finn of tbe type of work it prefers to perfonn as part
of the DBB programs and its preferred locations for perfonning the worle. if any.
Obtain or compile a list of the equipment owned by an available finn and the
licenses the finn and its key personnel possess to pennnn the worle it seeks to do
au part of the DBB program.
Require potential DBBs to complete and submit a Schedule A-Personal Net Worth
Fonn. .
7)
our certification application fonn and documentation requirements are found in Appendix B to.
this program. .
In the event we propose to remove a DBE=s certification, we will follow procedures consistent
with 26.87. McDonald Transit Associates. Inc. may remove a DSE=s eligibility utilizing the
following procedures:
a) Ineligibility complaitll- any person may file with McDonald Transit Associales,
Inc. a written complaint alleging that currently certified finn is ineligible and
specifYing the alleged reasons why the fino is ineligible. Supporting
documentation must be included in complaint. McDonald Trnnsit Assooiates, Inc.
must review their records concerning the finn, the complainant, and other
available infonrtation.
b) Recipient-initialed proceedings -If, based on notification by the finn ofa .change
in its circumstances or other information that comes to MoDonald Transit
Assooiates, Inc.=s attention. McDonald Transit Associates, Inc. may determine
that there is reasonable cause. to believe that a CWTently certified firm is ineligible,
McDonald Transit Associates, Inc. must provide written notice to the finn that
they propose to find the firm ineligible, setting forth the reasons for the proposed
determination.
c) DOT directive to initiate proceeding. If the concerned operating administration
determines that information in their certification records, or information available
to the concerned operating administration, provides reasonable cause to believe
that a firm McDonald Transit Associates, Inc. certified does not meet the
eligibility criteria of this part, the concerned operating administration may direct
2
Agenda Item NO.1 OG
June 22, 2010
Page 82 of 138
McDonald Transit Associates, Inc. to initiate a proceeding to remove the nnn=s
certification.
d) Hearing - When McDonald Transit Associates. Inc. notifies a linn that there is
reasonable cause to remove its eligibility; gives the firm ari opportUnity for an
informal hearing, at which the fum may respond to the reaSOIl$ for the proposal to
revoke its eligibility in person and provide infonnation and arguments concerning
why it should remain certified.
e) Sc:paration of function - McDonald Transit Associates' Inc. must ensure that the
decision in ~ pro.ceeding to remove a finn =$eli~'bHity is made by an office and
persollDelthat did not take part in actions leading to~rseeking to implement the
proposal to l:1lIlIovethll firmse1igibilityan~are. notS\lbject, ~th resPect to the
m~tfl!l'. to dirllCtionfromthe office or personnel who did not take part in these
actions.
f) Grtllmdfordecision- McDonald Transit AssociatC$.lnc.musfnot base a decision
to removellHgibiljty ona reinterpretation or changed opinion ofinfonnation
available to the recipient at that time of its certification of the finn.
Ifwe 4enya finn=s. application or decertify it, it may not reappl:\, until 12 mon~s have passed
nonlooraelion;
Certification ADpeals
If a recipient is denied <<rtification or is removed from eligibility. the recipient may make an
appeal to McDonald Transit Associates. Inc.
Send appeals to the following address:
Name:
Title:
Address;
General Manager
Vt'llwiUprolfiptly imp1Cll1ent any DOT certification appeal decisionsaffeeling thellligibility of
DBEdorour DOT assiSted contracting (e.g., certify a firm ifDOT has detennined that ourdenial
ofits application was CtToneous.)
ARecertification@
We will review the. eligibility of DBEs that we have certified under fonner part 23, to make sure
that they meet the $landards of Subpart D of Part 26. We will complete this review no later than
one (I) :year from the most recent certification date of each finn,
3
Agenda Item No. 10G
June 22, 2010
Page 83 of 138
AND Cbanl!:e8 Affidavits and Notices of CbaD.2e
We require all Dl;!Es to inform us, in a written affidavit, of any change in their circumstances
affecting their ability to meet size, disadvantaged status, ownership or control criteria of49CFR
Part 26 Or of any material changes in thc information provided with a DBEs application for
certification.
We also require all owners of all DBEs we have certified to submit, on the anniver1lBTy date of
their certifioation, a Ano changll@ affidavit meeting the requirements of26.83(j). The text oflhis
affidavit is the following;
1 swear (or affirm) that there have been no changes in the circumstances of (name of DBE
firm) affecting our ability to meet the si1:e, disadvantl\ged status, ownership, or contn;ll
requirements of 49 CFR Part 26. TIiere have been no material <ilianges in theinformlltion
provided with (name ofDBE"s) application for certification, except for any changes
about which you have provided written notice to McDonald Transit Associates. Inc. under
26.83(j). (Name of firm) meets Small Business Administration (SBA) criteria for being a
small business concero and its average annual gross receipts (as defined by SBA rules)
over the firm~s previous three fiscal years to not exceed $16.6 million.
We require DBEs to submit with this affidavit documentation of the firm..s size and gross
receipts.
We wiII notifY all currently certified DBE firms of these obligations by mail no later than
. This notification will inform DBEs that to submit the Ano change@ affidavit, their
oWners must swear or affirm that they meet all regulatory requirements of Part 26, including
personal net worth. Likewise, if a firms= owner knows or should know that he or she, or the
firms, fails to meet a Part 26 eligibility reqllirements (e.g., personal net worth), the obligation to
submit a notice of change applies.
Con6dentialitv
We will safeguard from disclosure to third parties information that may reasonably be regarded
as confidential business infomlation, consistent with Federal, state, and local law.
Notwithstanding any contrary provisiOns of state or local law, we will not release personal
financial information submitted in response to the per1lonal net worth requirement to a third party
(other than DOT) without the written consent of the submitter.
4
Agenda Item NO.1 OG
June 22, 2010
Page 84 of 138
DBE DIRECTORIES
POLICY/OBJECTIVES
5
Agenda Item No. 10G
June 22, 2010
Page 85 of 138
POLICY STATEMENT/OBJECTIVES
. McDomlld Transit Associates has developed a plan to assure that Disadvanta!!ed Business
Ent!:f'llrise finns shall have the II1aximUII) practical oPpOrtunity to participate through contracts
financed in part or in whole with funds derived from the United States Department of
Tran5portl\tion, and as a condition of receiving this assistance, McDonald Transit Associates hilS
signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of Mcl)onald Transit Associates to ensure that DBEs, as defined in Part 26, have
an equal opportunity to receive and participate in DOT -assisted contracts. It is also our policy:
To ensure nondiscrimination in the award and administration of DOT assisted
contracts;
To create a level playing field on which DBEs can compete fairly for DOT
assisted contracts;
To ensure that the DBE Program is narrowiy tailored in accordance with
applicable law;
To ensure that only finns that fully meet 49 CFR Part 26 eligibility standards are
pcrmittlld to participate as DBEs;
To help remove barriers to the participation ofDBEs in DOT assi~ contracts;
. and
To assist the development of finns that can compete successfuJIy in the market
place outside the DBE Program.
McDonald Transit Associates. Inc, GencraI Manager has been delegated as the DBE Uaison
Officer. In that capacity, the manager is responsible for implementing all aspect& of the DBE
program.
$
$
$
$
McDonald Transit Associates has disseminated this policy statement to the Board of Directors
and all the components of our organization. We have distributed this statement to DBE and non-
DBE business oommunitie& that perfonn work for us on DOT -assisted contracts through the local
newspaper or direct mail.
President, McDonald Transit Associates, Inc.
Date;
6
Agenda Item No. 10G
June 22, 2010
Page 86 of 138
DEFINITIONS
The tennsused in this program have the meanings defined in 49 CFR 26.5:
4/f'l!"matiw! Ac:tioll - Taking specific steps to eliminate discrimination and its effects, to ensure
non-discriminatory results and practices in the future, and to involve disadvantaged business
enterprise fully in contracts and pTOgramS funded by the Department.
Applic(mt- One whO submits an application, request, or plan to be approved by a department
officilll or by a primary recipientasaconditionto eligibility for Department of Transportation
financial assistance; and Aapplicatiommmeanssuch an application, request, or plan.
Compliance- The condition existing when a recipient or contractor has met and implemented the
requirements of 9Us.part.
Contract- It mutually !>inding legal~ ationship or any modification thereof obligating the seller
t(} furnish suppliesorservioes, including consttuction, and the bureau to pay for them. For
Pl1lpOses of this part, a lease is a conlnlct.
Contractor - One who participates, through a contract or subcontractor, io any program covered
by this part, and includes lessees.
Deparlment or DOT - The United States Department of Transportation, includes its operating
elements.
DOT:A$.l"i$te4CtJntracr- Any cOntract or modificationofa cootract between a recipient andl\
contractor w:hichispaidfor in whole or in Part with United States DOT financial assistance or
any contract or modification of a contract between a recipient and a lesSee'
DOTFinancialAssistancc- Financial aid provided by the United States Deplllin'lentof
Transportation or the United States Railroad Association to a recipient, but docs not include a
direct contract. The financial aid may be provided directly in the form of actual money, or
indirectly in the follt! of guarantces authorized by statute as financial assistance services of
Rxleral personnel, title or other interest in real or personal property transferred for less thlUl fair
marlcet value, or any other arrangement through which the recipient benefits financially,
including licences for the construction of operation of a deep water part.
Department element - means the following part of United States DOT:
A. The Office of the Secretary (OST).
B. The Federal Aviation Administration (FAA).
C. The United States Coast Guard (USCG),
D. The Federal Highway Administration (FHWA),
7
Agenda Item No. 10G
June 22, 2010
Page 87 of 138
E. The federal Railroad Administration (FRA).
F. The National Highway Traffic Safety Administration (NHTSA).
G. The Urban Mass Transportation Administration (FTA).
H. The St. Lawrence Scaway tlcvelopment Coq>oration (SLSDC).
1. The Research and Special Programs Administration (RSPA).
J:)#M'l'f,mt"ged BUSiness - A small business concern;
Which are at least 5 I percent owned by one or more socially and economically
disadvantaged individuals, or in the case ofony publicly owned business. at least
S 1 percent of the stock of which is owned by one or more somaliy and
economically disadvantaged individuals.
Whose management and daily business operations are controlled by one or more
of the socially and economically disadvantaged individuals who own it.
DBEICornract Compliance Coordinator - Shall be responsible for developing, managing, and
implementing the DBE program on a day-to-day basis.
A.
B.
Jqirn 'Venture- An association of two (2) or more businesses to carry out a single business.
ent"'p.ise for profit for which puq>oses they combine their property, capital, efforts, skills, and
knowledge.
Lessee - A business or person that leases, or Is negotiating to lease, property nom a recipient or
the Department on the recipient=s or Department=s facility for the puq>ose of operating a
transportation related activity or for the provision of goods or services to the mcility or the public
on the facility.
..,::.... :. ":Co.:',':::,' :....:.;',. ....: ,:,:: ......::..._.: '_.: ....._'::..:. ":', ....
... . .... ",'. " : . '.
Non-oomp/iance - The condition existing when a recipient or contractor has failed to implement
the requirements of this part.
Prilllary Recipienr - A recipient who receives United States DOT financial assistance and passes
sonie Or all of this assistance on to another recipient.
Program - Any undertaking by a recipient to use United States DOT financial assistance, and
includes the entire activity any part of that activity which receives United States DOT financial
assistance.
Recipi(!1U - AnYC!ltity,pUblic or private, to which United States DOT financialassistanceis
extended, directly or through another recipient for any program.
Secretary- The Secn$lI'yofTransportation or any person whom he/she has designated to act for
him/her.
8
Agenda Item No.1 OG
June 22, 2010
Page 88 of 138
Set-aside.- A techniq1!e, which limits consideration of bids or proposals to those; submiltedby
DBEs.
Sociall)' and Economially Disadl'alltaged lndil'iduals- means those individuals wbo are citizens
of the United States, (or lawfully admitted pennanent residents) and who are Black Americans,
Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asubcontinental Asian-
Americans, A Women@ and any other minorities or individuals found to be disadvantaged by the
Small Business Act McDonald Transit Associates, Inc. shall make a rebuttal preemption that
individuals in the following groups are socially and economically disadvantaged. McDonald
Transit Associates, Inc. also may detennine, on a case-by-case basis, that individuals who are
not a member of one of the following groups are socially and economically disadvantaged.
a) ABlack Americans@ - Include persons haviDg origins in any of the black TllCial
groUps of Africa.
b) AHispanic Amerieans@ - Including persons of Mexican, Puerto Rican Cuban,
Central or South American, Portuguese American, or other Spanisb culture or
origin, regardless of race.
ol ANative Americans@ - Include persons who are American Indians, Eskimos,
Aleuts,or'NativeHawaiians.
AAsian-PacificAmericans@- Includes persons whose origins are Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Phillippines, Samoa, Guam, the
US Trust Territories of the Pacific, and the Northern Mariana, Thailand, Malaysia,
Indonesia, Brunei, Bunna, Macao, Fiji, Tonga, Kiribati, tuvalu, Nauru, Federated
Sates of Micronesia or Hong Kong.
e) ASubcontinental Asian Americans@ - Include persons whose origins are from
Indian, Pakistan, and Bangladesh, Bhutan, Maldives Islands, Nepal or Sri Lanka.
f) AWomen@
g) Any additional groups whose members are designated as socially and
economically disadvantaged by SBA.
NONDISCRIMINATION
McDonald Transit Associates,lnc., will never exclude any persons ITomparticipation in,deny
IUIY person the benefits of, or otherwise discriminate against anyone inconn~tion with the award
andperfonnance ofany contract covered by 49 CFR Part 26 on the basis of race., color, sex, or
national origin,
In administrating (ts DBEprogram, McDonald Transit Associates, Inc., will not, directly,or
through contractual or other arrangements, use criteria or methods of administration that havethe
effect of defeating or substantially impairing accomplishment ofthe objectiVlfS of the DBE
prl'lgramwith respect to individuals or a particular race, color, sex, or nalionalorigin.
9
QUOTAS
We do not use quotas in any way in the IIdministration of this DBE program.
10
Agenda Item No, 10G
June 22, 2010
Page 89 of 138
www,sunbiz,org - Department of State
EXHIDIT "R"
Agenda ft~ff,eJoo~ ~G
June 22, 2010
Page 90 of 138
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Fictitious Name Address City State County Status
TEC SECURITY 254 S WESTMORELAND ST L-12 STARKE FL BRADFORD E
T,E.C. SERVICES 2511 WOODHAVEN CT ORLANDO FL ORANGE A
TEC SERVICE AND S.l,JEPL Y POBOX 50013 POMPANO FL BROWARD A
COMPANY BEACH
TECS LANQSCAPE 501 SW 21ST. ROAD MIAMI FL MULTIPLE E
DIViSION
TECSMARTS 3090 42ND ST SW NAPLES FL COLLIER A
TECSON ENTERPRISES 4409 HOFFNER AVENUE # 333 ORLANDO FL ORANGE E
IEC-SE_EC 5901 NORTH OCEAN DRIVE HOLLYWOOD FL BROWARD A
I~~.s..'!'STEMS 9400 NW, 25TH STREET MIAMI FL MIAMI-DADE E
TECTA AMERICA 588 MONROE RD. SANFORD FL SEMINOLE A
JA~KSONVIL.I__E
JECTAO DESIGNS 825 SO VILLAGE DR N SAINT FL PINELLAS E
PETERSBURG
TECTAR WHOLESALE 15239 UNIVERSITY STATION GAINESVILLE FL MULTIPLE E
QQMPUTER PARTS
IfQION .I::i.Q_SPITA!.lTY 1101 BRICKELL AVENUE MIAMI FL MULTIPLE A
T~J:;_TQN_tLO.sPITALITY~ 300 BIXCAYNE BLVD. WAY SUTIE MIAMI FL MIAMI-DADE E
lI'JC. 1100
TECTONIC FORCE 18501 PINES BLVD. SUITE 201 PEMBROKE FL MULTIPLE A
PINES
IE...GJONK:.J:lQMES 381 FERNANDINA ST. NW PALM BAY FL BREVARD C
If.CTONIQ..!iOMfS 381 FERNANDINA STREET NW PALM BAY FL BREVARD E
TECLONIQJ!<1.AG.t:!fIS 950 CONGRESS AVE RIVIERA BCH FL PALM BEACH E
If.CIOOIG.J.!.SA 1920 S OCEAN DR FT LAUDERDALE FL BROWARD E
TECTOR HANDYMAN INC, 32325 OAK BLUFF DR, SORRENTO FL LAKE A
T,E,C. TOJAL HEALTH 3760 FALLSCREST CIRCLE CLERMONT FL LAKE A
-----
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Agenda fti!lWtloO~ eG
June 22, 2010
Page 91 of 138
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TECTRON ELECTRIC. INC 14908 BARTRAM VILLAGE LN JACKSONVILLE FL DUVAL
TECTRON MACHINE 2111 WHITFIELD PK AVE SARASOTA FL MANATEE A
CORPORA TlOI',!
TECTRON TAXE~ 2111 WHITFIELD PARK AVE SARASOTA FL MANATEE E
TECTRON TELESCOPES 5450 NW 52ND COURT CHIEFLAND FL LEVY E
:'~MATI;:UR ASTRONOMY.
TECTUM PROPERTY 15800 PINES BLVD. PEMBROKE FL BROWARD A
MANAGEMENT PINES
I~CTU1\LREAL ESTATE 15800 PINES BLVD. PEMBROKE FL BROWARD A
PINES
Tf;Jd.!M.SEH DESIGNS 3255 NW 44TH STREET #2 FORT FL BROWARD A
LAUDERDALE
If 'IlLlMITED 10030 SW 49TH STREET COOPER CITY FL BROWARD E
TE".,SORS 13193 SW 142ND STREET MIAMI FL MULTIPLE E
TECWORKING INTERBAY BLVD #815 TAMPA FL HILLSBOROUGH A
TEC-WORKS ELECTRONIC 6713 ASHBURN ROAD LAKE WORTH FL PALM BEACH A
A-~~EMa~L!ES
IEQ P.O. BOX 10609 JACKSONVILLE FL MULTIPLE E
T. E. DAILEY &.QQ, 18306 S,E. VILLAGE CIRCLE TEQUESTA FL MARTIN E
TEDAN SECURITY 230 LORAINE DR # 109 AL T AMONTE FL SEMINOLE A
SPRINGS
T_I;D Al'J~TOSKEY DBA 2600 US HIGHWAY 1 S ST AUGUSTINE FL ST, JOHNS A
.SUNDOWN CAR STEREO
TED AUTO TRANSPORT 11763,SOUTH.RAMBLlNG.DR WELLINGTON FL PALM BEACH E
TEDAY'S INFORMATION 10213 WILLIAMS RD. TAMPA FL HILLS BOROUGH C
PROFEl>j;lQN.Ai&
TED BAKER 1250 E. HALLANDALE BEACH BLVD. HALLANDALE FL MIAMI-DADE A
BEACH
TE.QJClJ;A.1...PHOTOGAAPHY 74 COQUINA AVE ST AUGUSTINE FL ST. JOHNS E
TED &.B08'S ALUMINUM~ 1011 SNOVARD ORMOND BEACH FL VOLUSIA A
JHC~
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5/26/2010
EXHIBIT "I"
Agenda Item No, 10G
June 22, 2010
f1
~
3. FINANCIAL CAPACITY & COST OF SERVICE
Tectrans, Inc. is a financially sound, well managed and fiscally conservative company. Tectrans has positioned itself
for future growth and sustained profitability by assembling an industry leading management team and joining with
well respected equity and senior lender partners capable of providing all needed capital funding, even In today's
challenging economic environment.
Teetrans maintains separate financial statements, along with various accounting reports and ledgers, for each of the
Company's operating divisions, These Tectrans operating divisions are separate legal entities and have elected to file
consolidated federal and state tax returns under the parent corporation, Tectrans. Accordingly, the year-end audit
engagement and related auditor's report is prepared on a consolidated basis and includes the results of operations
for all subsidiaries.
Management's dedication to our Company VISIon of being the quality standard for contracted passenger
transportation services will allow us to continue to offer best-in-c1ass solutions for our customers. The financial
strength of the Company is demonstrated by a working capital ratio of 1.4 to 1.0 as of our last fiscal audit date, which
is considered excellent compared to passenger transportation industry averages.
3A. Audited Balance Sheets
Copies of the certified audited financial statements for Tectrans' fiscal years 2007 through 2009 are included for
review in a separately sealed envelope submitted with this proposal.
3B. Audited Consolidated Balance Sheets
Please see the separately sealed envelope labeled: "Financial Statements."
3C. Audited Income and Stockholders' Eauity Statements
Please see the separately sealed envelope labeled: "Financial Statements."
3D. Audited Consolidated Income and Stockholders' Eauity Statements
Please see the separately sealed envelope labeled: "Financial Statements."
3E. BankruDtcy
Tectrans and its subsidiaries are financially sound and have never filed for bankruptcy nor have any of its principals.
3F. Cost ProDosals for Both the Fixed Route and Paratransit Pr02rams
Tectrans' detailed Cost Proposal Forms (Exhibits F and G) can be found immediately following these pages, Our
pricing for all areas of the service was developed from the ground up, and all costs shown were developed or
calculated speCifically to meet the requirements of this contract, based on our understanding of information
presented at the pre-proposal meeting, in the Requests for Proposals and Addenda, the Management Services
Contract, and the information provided as attachments. In addition, Tectrans staff spent several days in Collier
EXHIBIT "J"
Agenda Item No, 10G
June 22, 2010
Page 93 of 138
8' _I
Case 09-36144 Document 1 Filed in TXSB on 08125109 Page 1 of 3
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Agenda Item No. 10G
June 22, 2010
Page 94 of 138
Case 09-36144 Document 1 Flied In TXSB on 08125/09 Page 2 of 3
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Agenda Item NO.1 OG
June 22, 2010
Page 95 of 138
Case 09-36144 Document 1 Flied In TXSB on 08/25109 Page 3 of 3
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Agenda Item No. 10G
June 22, 2010
Page 96 of 138
Case 09-36144 Document 18 Filed in TXSB on 11/25/09 Page 1 of 2
Fa"" 811 (Oflicbd Form 18)(\2/07)
UNITED STATES BANKRUPTCY COURT
Southern District of Texas
In ae: DeblDr(.) (nome(J) us.d by III. d.blar(.) In 1II01UlI
ynn lDcIeHti.., married, maiden. trade, and address):
Ronold K.y MoBlho..
Ilea M.ck MoBlh_
"",,-u-914~
7303 FOltlllII'.....
Humble, TX 77338
)
)
)
)e... Number. 09-361044
)
)
)
)
)
)
)Chopler: 7
)
)
)
)
)
)
)
)
ENTERED
lIJ25/1D09
DISCHARGE OF DEBTOR(S)
It appearing that the debtor is entitLed to a discharge.
IT IS ORDERED:
The debtor i. granted a discharge UDder section 727 ofliUe II. United Slates Code, (the Bankruptcy Code).
Signed and Entered on Docket 11/25109
n~T~
MARVIN ISOUR
United SI8lr:s Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOlllMPOllTANT INFORMATION.
Agenda Item No.1 OG
June 22. 2010
Page 97 of 138
Case 09-36144 Document 18 Flied in TXSB on 11/25109 Page 2 of2
POm BIB condnllOd (12Ill7)
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
ThiJ court order grants a dis~ 10 Ihe penon named u the debtor. It is not a dismissal ofthe calle and
It does not delennine how much money, if any, the trustee will pay 10 c:redllors.
C;lIlhdlim Dr Dlsclta,.,~d Dtbllt Pmhibitu
The discharge prohibits any allempt to colloct from the debtor a debt thet bu been discharged. For
example, a creditor is not permitted to contact a debtor by mail,pbone, or othcrwl.... to fde or continue a lawsuit, to
attach wages or other property, or to take any other action to coUcet a discharged debt fIom the debtor. {In Q CQS/!
imIoIvbrg communll)l properly: Thero are also special rules l!uIt protect certaia community property owned by the
debtor's spouse, even if that spouse did not flle a bankruptcy case.] A c:reditor who violates this order can be required
to pay daina~ and attomey's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or _urity interest,
against the debtor's property after the bankruptcy, if thet lien wu not avoided or eliminated in the bankruptcy case.
Also, a debtor may vol untarily pay any debt that has been discharged.
Inbu That d1't!TJlw::It.IHVM
The chapter 7 discharge order eliminates a debtor's legal. obligation to pay a debt that is discharged,
Most, but not all, types of debts IltO discharged if lbe debt existed on Ibe date Ibe bankruptcy case was Iiled. (If tbis
ca~ WIS begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to
debts owed wben the bankruptcy case was converted.)
Delm that are Not Discluzrlre4
Some of Ihe common types of debts whicb arc lIQ1 discharged in a chapter 7 bankruptcy esse are:
a. Debts for most taxes;
b. Dobis incurred 10 pay nondischarg.able laxes;
.. Debts that a", dam.slic support obligations;
d. Debts for moSI student loans;
e, Debts for mosl fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a molOr vehicle. vessel, or aironft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debls that the bankruptcy court specifically has decided or wUl decide in this banlcruptcy case are not
discharged;
I. Debts for which tho debtor has given up the discharg. protoclioDS by signing a rcaffirmation agreement in
compliance with the Bankruptcy Code requirements for ",amrmatioo of debts; and
j, Debts owed to certain pension. profit sharing, stock bonus, other reti",ment plans, or to the Thrift Savings
Plan for fedcra1 employoes for certain types ofloans from these plans.
This Information Is only a general summary of the banlaupler discharge. Tbere are eJ.cepllollJ to
Ib... general rules. BecaQse the law Is eompUeated, you may waat to consQlt an attorney to determine Ibe
exact effect of the discharge in this ca.e.
CBC News - Money - Laidlaw files for bankruptcy protection
EXHIBIT "K"
Agenda Item No, f~e 1 of I
June 22, 2010
Page 98 of 138
Laidlaw files for bankruptcy protection
Last Updated: Friday, June 29, 2001 I 8:37 AM ET
cae News
Struggling under a $3.5-billion US mountain of debt, Laidlaw Inc. said Thursday it has filed for bankruptcy protection in
Canada and the United States.
The move covers Laidlaw and five ofits subsidiary holding companies - Laidlaw Investments Ltd., Laidlaw International
Finance Corporation, Laidlaw One, Inc., Laidlaw Transportation, Inc. and Laidlaw USA, Inc.
News of the filing sent the company's stock down almost 64 per cent. The stock closed down 11.5 cents at 6.5 cents.
The company said it, along with Laidlaw Investments, filed for protection from creditors in Ontario Superior Court in
Toronto.
. FROM Jan. 4, 2001: Troubled Laidlaw announces $150 million financing deal
"In light of Laidlaw Inc.'s excessive leverage and the deterioration in value of certain of its assets, our primary objective
has been to minimize the impact ofthe restructuring process on our operating companies - their employees, customers and
vendors," Stephen Cooper, Laidlaw's vice-chairman and chief restructuring officer, said.
Laidlaw stressed that the bankruptcy filing does not affect any of its operating units.
"We believe that our operating companies are generating more than adequate cash flows to meet their working capital
requirements for the foreseeable future," John Grainger, Laidlaw Inc. 's president and chief executive officer, said in
release.
"They have been more effectively managing cash and have continued to meet all their obligations to their suppliers," he
said.
The company also announced it has secured $200 million in financing from GE Capital, while Laidlaw's Greyhound Lines
subsidiary has landed a separate borrowing arrangement for up to $125 million.
. FROM May 3, 2000: Tax charges add to Laidlaw's troubles
Grainger said that employees will continue to be paid and their health benefits will be secure during the company's
restructuring. No layoffs are planned, he added.
. This story is now closed to commenting,
http://www.cbc.calmoney/story/2001l06/28/laidlaw_010628.html
5/2712010
EXHiBIT "L"
Agenda Item No, 10G
June 22, 2010
Page 99 of 138
lIJILJ
mcDonALO TRAnSIT ASSOCIATES, Inc..
S800 SANDSHEU. SUITE ".
FORTWOf:trH, TEXAS 76t~7
(817) 232-8551' (817)232.9550 FAlC
May 1&, 2010
VIA pA){ AND U.S.:Ml\,J,t
ColliClj' CQ1.1lI.ty
CoIlQty M8I!~~r
Attention: Leo Ochs:
3301 'tamiilnU Tau1 East
.Naples. Florida. 341{)4
RE: RFP 10,5455
Dear Mr. OehS:
In.accordance with,the F16ilda "Public Rcoords Act,Wercs:peotfully te~ll,ClSttltatCl)lfierCoUIlty
mak:elivaifable(atfeview- and permit cppleS!Q. be Jl),'Q,de Q:(l!!l dOQUJl),~rs,notesilJl4nrtes.audia
tecoidin~s, memoranda. correspondenc\l(inchl4!ngelec\rOnic mail),andintemal
conununil;:aiio~ (including~leQ:tx'Ql)i1;: mall)eanceming al'relating toUle .contIllClOt selectioo
reCQmmeprl~I1()!l, the proposer's reference verificatlOOS, and evaluatiljn~iterlll.l!COteshe.~ far
the: oIJer!l!ionofthcCallier Area Transit. InadditiQl1, wcrequest Cppres ofllll ~ Illlmpefi:t\lr's
proposals to include an)' follow up information that WlW prQvided. .
Thanlcyol1.fotY6Ut attentfon to ihis;mauet. Plea:sedon't.bl,lsHate tarC;;PQnd tpmewith any
qUestl'oosY<>l1 may have.
Sincerely,
-CC
Ken Fischer
carlos Rivera
cJt,. County
-~
AJI. Ii MdIive ServIces ~
PurchllSing
Agenda Item No.1 OG
June 22, 2010
Page 100 of 138
June 10, 2010
Mr. Patrick G, White
Porter Wright Morris & Arthur LLP
9132 Strada Place, Third Floor
Naples, FI3410B-2633
Re: Protest Decision regarding RFP 10-5455, "Management Services Contract for the
Collier Area Transit (CAT) Fixed Route and Paratransit Program".
Dear Mr. White:
1 am writing in response to your formal protest letter of May 27, 2010 filed on behalf of
McDonald Transit Associates, Inc. (MTA) pertaining to the recommended award of the
referenced Request for Proposals (RFP).
The following is a summary of each of the issues raised in your protest and findings
. regarding each.
1, T ectrans has failed to demonstrate sufficient prior public transit experience to warrant
selection (per item 3.b of the formal protest). The Tectrans proposal was tendered by
another entity and not by the entity that was selected (issue 3,f raised within the formal
protest)
FINDINGS: According to Mr. Brian Sullivan, Chief Marketing Officer, Tectrans is a
holding company that has acquired 12 separate business entities, including Limousines
of South Florida Inc. (hereinafter referred to as "LS/'), According to Mr, Sullivan,
Tectrans was incorporated in 2006 and acquired LSI in 2007. LSI has been in business
for more than 20 years,
Review of the T ectrans proposal reveals the following:
. 53 "Current Projects" are listed, all of which Mr. Sullivan confirms are being serviced
by Tectrans or one of their owned affiliates.
. 18 of the 53 sites are within the state of Florida
. All of the Florida locations are being serviced by LSF.
. 16 of the 18 Florida locations are identified as including fixed route transit services
. At least half of the total sites listed appear to be for public transit systems
Based on this and other information contained within the proposal, it appears that both
Tectrans (including their other held companies) and LSI have been involved in delivering
fixed route transit for several years.
(i)
.,-
PurchasillJDe;:a1rTa1" 3301 Tamiarui Trail East- Naples, Flofida 34112. wwwcol1iergov.netJpurchasing
Agenda Item NO.1 OG
June 22, 2010
Page 101 of 138
Mr. Patrick G, White,
June 10, 2010
Page 2 of 7
The Tectrans proposal was tendered by "LSF doing business as Tectrans". The names,
corporate addresses and at least one officer for both LSF and TECTRANS are cited in
the proposal declaration. The current projects and job references within the proposal
pertain to work performed by Tectrans or one of its owned affiliates. Based on this
information, it appears that the Tectrans proposal was tendered by the same group that
the County would enter into contract with upon award.
2. Tectrans does not have a sufficient DBE (Disadvantaged Business Enterprise) plan or
experience to warrant being ranked first (issue 3.c raised within the formal protest).
FINDINGS: Exhibit /II, Section 28 of the RFP included language governing the duties of
the contractor regarding recruitment and utilization (and reporting of activities thereto) of
DBE firms. By signing their proposal, each vendor was affirmatively acknowledging their
intent to comply with the DBE requirements referenced under Exhibit II, Section 28, and
to endeavor to meet the Collier Area Transit stated DBE participation goal. That
language (49 CFR Part 26) does not require grant recipients such as Collier County to
competitively evaluate DBE experience nor does it expressly require contractors to hire
minority personnel, Rather that section of Exhibit /II serves to inform prospective
contractors of their DBE-re/ated obligations under the contract.
3. The County Selection Committee (hereinafter referred to as "the committee") has not
satisfied FTA requirements, specifically regarding the published evaluation criteria and
relative importance of each (issue 3.d raised in the formal protest) nor has the
Committee followed the County's own stated evaluation method as set forth in the RFP
(issue 3.e raised in the formal protest).
FINDINGS: The protest cites and paraphrases FTA Circular C 4220.1E and contends
that it requires that the agency's procurement procedures must specify all evaluation
factors and their relative importance and establish a specific method to be used. In
procuring this contract, County staff complied with the requirements of FT A Circular C
4220.1 F (enclosed) which states that all evaluation factors and their relative importance
are to be specified in the solicitation, but numeric or percentage weights do not have to
be disclosed. On this point, the distinction between the two circulars appears to be moot
as the RFP specified the applicable evaluation criteria, their relative importance and their
respective numeric weights. With regard to the use of a specific method for evaluating
the proposals, the specific method of selection was expressly identified as "the
Competitive Sealed Proposals' method under Section 9, Subsection 8 ( page 13) of the
General RFP Instructions, The evaluation process associated with the procurement
method was set forth in under Section 9 of the General RFP Instructions. Subsection 7
of that Section (page 14 of the RFP) and reads as follows:
Agenda Item No, 10G
June 22, 2010
Page 102 of 138
Mr. Patrick G. White,
June 10, 2010
Page 3 of 7
The Committee will compile individual rankings, based on the evaluation criteria
as stated herein, for each proposal to determine committee recommendations.
The committee may at their discretion, schedule presentations or demonstrations
from all qualified firms and make site visits, and obtain guidance from third party
subject matter experts. The final recommendation will be decided based on review
of scores and consensus of committee.
The referenced language plainly states that the committee will compile individual
rankings. Pursuant to that effort, the language explicitly affords the committee the
discretion to among other things, schedule presentations from the proposing firms as
part of the scoring and ranking process. The language concludes by stating that the final
recommendation will be based upon a review of scores and a consensus of the
committee. The language does not reference separate evaluation criteria for the written
proposals versus the oral presentations, The language effectively puts the proposers on
notice that the committee may schedule presentations as part of the evaluation process,
Review of the scoring sheets indicates that each proposal was scored and ranked once
and only once and that the scoring and ranking process followed review of the written
proposal and the oral presentations, The evaluation criteria used in the scoring and
ranking process were identical to those published in the RFP.
The protest cites case law rulings including Coin Laundry Eqp. Co. v. Univ, of West
Florida where the governing entity apparently failed to follow the published RFP criteria
and product specifications. In this instance, the Collier selection committee scored and
ranked the proposals based upon the evaluation criteria published in the RFP, The RFP
gave the Committee the discretion to hear oral presentations (which it in fact did)
pursuant to scoring and ranking the proposals. There is no evidence that the evaluation
criteria were changed or that the committee deviated from the discretion it was afforded
in the RFP.
Written Instructions regarding the oral presentations were forwarded to each of the
competing firms in advance of the presentations on April 21st with an update distributed
on April 27th. The first sentence of the instructions references the firms that have
tendered proposals and stated that they will be required to make a presentation to the
selection committee. The instructions included the date, time and place for each
presentation, the time allotted to each firm for presentation, and a brief description of the
format of the presentation. Firms were asked (but not required) to abstain from sitting in
on competing firms' presentations. Each firm was asked to limit their attendance to three
persons (that number was listed as two in the April 21st instructions and changed to
Agenda Item No.1 OG
June 22, 2010
Page 103 of 138
Mr. Patrick G. White,
June 10, 2010
Page 4 of 7
three in the April 21" update) including a project manager to serve as the primary
presenter and an additional person to assist with the question/answer period,
Firms were asked to specifically address each of the following:
. "Overall staff and industry experience summary
. Why your firm stands out above the other proposers
. Transition step by step plan from current vendor to new vendor"
Presenters were also advised in the instructions that "Following the presentations, the
selection committee will be scoring and ranking the firms for a final shortlist to be
submitted to the Board of County Commissioners for award".
The protest contends that "MTA had no basis to conclude that a proposer's presentation
would effect the outcome of the scoring and ranking". Given that one and only one set of
evaluation criteria were published in the RFP, given that the RFP expressly stated that
the committee could schedule presentations as part of the evaluation process and given
that the presenters were advised in the presentation instructions that the firms would be
scored and ranked after the presentations, it seems highly implausible to conclude the
presentations were not part of the scoring and ranking process. It further begs the
question, if the presentations were not part of the evaluation process, then what possible
purpose could they have otherwise served?
The protest asserts that Tectrans had four persons attend their committee presentation
while MTA by contrast only had two persons attend their presentation. Review of the
sign in sheets for the respective presentations indicates that both Tectrans and MTA had
three individuals sign in at the presentation (sign in sheet enclosed).
The protest asserts that the selection committee wrongfully "gave weight" to comments
from the competing vendors during the "public comment" period which occurred at the
end of the committee's public deliberations and immediately prior to the committee
finalizing its decision. In response to this, it must first be noted that the committee had
publicly tabulated its scores and rankings prior to hearing the public comment (though
the final decision was not made until after the public comments), Secondly, there is no
comment or response from any committee members to the publiC comments so it is not
clear as to what impact, if any, the comments mayor may not have had on the
members, Thirdly and most important, the public comments section of the County's
selection committee deliberations is an integral and essential part of the County's
decision-making process pursuant to Section 286.011, F. S. otherwise known as the
Public Meetings and Records Law. That law affords the public the right to attend and
participate in public meetings. The law does not exclude vendors competing for County
Agenda Item No, 10G
June 22, 2010
Page 104 of 138
Mr, Patrick G. White,
June 10, 2010
Page 5 of 7
contracts from the right to attend and participate. To argue that the selection committee
could not and should not hear or consider public comments from the public (which
includes competing vendors) is contrary to both the letter and spirit of the law.
The protest points out that none of the presenters were sworn in pursuant to giving their
presentations. There is absolutely no County purchasing procedure that expressly
requires or even contemplates swearing in individuals prior to making a proposal
presentation and I am not aware of any instance with County procurements where this
action was invoked. I am not aware of any applicable County, State or Federal laws or
policies that would require such action pursuant to a proposal presentation.
4. Tectrans failed to disclose a personal bankruptcy of a principal team member and
hence, improperly certified the same as part of its proposal (issue 3.g raised in the
formal protest),
FINDINGS: Under Exhibit I, page 8 of the RFP, proposers are directed to submit
information under the heading "Financial Capacity & Cost of Service". Among the
required information is a directive (subparagraph 3).e) to state whether the 'Proposer, its
predecessors, or its principals have been involved in bankruptcy" and if so, to "give
details". The protest claims that the proposed project manager received a 'Discharge of
Debtors" order from the U. S, Bankruptcy Court in November, 2009 and provides
corroborating evidence from the bankruptcy court. The protest further asserts that the
current president of Tectrans was employed by Laidlaw Transportation Inc. at the time
that Laidlaw filed for bankruptcy in 2001, The protest substantiates this claim through the
inclusion of a CBC News web site article dated June 29, 2001 with no court
documentation provided.
Review of the RFP language cited under Exhibit I, page 8 would indicate that Tectrans
was not obligated to disclose the bankruptcy of the proposed project manager as he is
neither the 'Proposer", "a predecessor' nor a "principal" of Tectrans, According to Mr.
Brian A. Sullivan, Chief Marketing Officer for Tectrans, the current president of Tectrans
worked for Laidlaw Transit Inc., which is not among the entities or subsidiaries that
sought bankruptcy protection at that time.
Given that there is no evidence contrary to Mr. Sullivan's response, it does not appear
that Tectrans was obligated to disclose the Laidlaw bankruptcy action from 2001 as part
of its proposal.
Agenda Item No.1 OG
June 22, 2010
Page 105 of 138
Mr. Patrick G. White,
June 10, 2010
Page 6 of 7
5, Tectrans violated "lobbying provisions" of the RFP as one of their team members
contacted a "key MTA officer" about prospective employment (issue 3.h raised in the
fonnal protest).
FINDINGS: Exhibit IV, Section 14 of the RFP contains prohibitions against competing
firms lobbying County officials and employees regarding their tendered proposals. The
language does not address contact between competing vendors and their respective
employees. The Federal Byrd Anti-Lobbying Amendment 31 U.S.C. 1352 as amended
by the Lobbying Disclosure Act of 1995 P.L. 104-65 (2 U.S.C. $ 1601, et. seq.] includes
prohibitions against persons or organization attempting to influence officers members
and employees of federal agencies and Congress to obtain a federal contract, but does
not appear to address the issue of contact between competing firms and their
employees.
I am not aware of any applicable County, State or Federal laws governing this specific
issue, As such, I don't believe it necessitates further investigation pursuant to the award
of this contract.
6. Tectrans did not properly qualify as the highest ranked recommended entity under RFP
10-5455 (Item 3.a cited under the protest),
FINDINGS: This issue is addressed through findings and determinations made in
response to the other issues raised in the formal protest.
Every fonnal competitive selection process of this nature includes elements of judgment on the
part of the decision making body that can always be debated, The purpose of the County's
protest procedure is not to undermine or "second guess" the collective judgment of committees
asked to make selection recommendations, but rather to determine whether the committee
followed the selection procedure in a manner consistent with general law, the County's
purchasing poliCY and the published RFP,
I have carefully reviewed all of the issues raised in your protest of May 27,2010. I have
considered each allegation and the facts pertaining to each. Based on the information presented
in the protest and the information I have gathered in response to each issue raised in the
protest, it is my position that the selection committee actions were taken in compliance with the
aforementioned policy and procedural requirements of the process and moreover, exercised
their discretion within the bounds thereof.
Accordingly, it is the decision of this office to deny the protest and direct staff to move forward
with award of RFP 10-5455 to Limousines of South Florida DBA Tectrans, The recommendation
is tentatively scheduled to be presented to the Board of County Commissioners on Tuesday
June 22, 2010.
Agenda Item No. 10G
June 22, 2010
Page 106 of 138
Mr. Patrick G, White,
June 10,2010
Page 70f7
Under Section XVIII.C of the County's purchasing policy, the decision of the Purchasing Director
shall be considered final and conclusive unless the protestor delivers a subsequent written
objection to my attention within two business days from the date of receipt of this decision or not
later than close of business on Monday, June 14th.
Sincerely,
~t'\ ~. G,v1(Il
Steve Carnell
Purchasing/General Services Director
Enclosures
Agenda Item NO.1 OG
June 22, 2010
Page 107 of 138
o
CIRCULAR
U.S, Department
of Transportation
Federal Transit
Administration
I
FTA C 4220.1F
I
November 1, 2008
Rev. April 14, 2009
THIRD PARTY CONTRACTING GUIDANCE
Subject:
1. PURPOSE. This circular provides contracting guidance for recipients of Federal assistance
awarded by the Federal Transit Administration (FT A) when using that Federal assistance to
finance its procurements (third party contracts). This revision incorporates the new
procurement provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU), and includes the most current available
guidance for the Federal public transportation program as of the date of publication.
2. CANCELLA TION. This circular cancels FT A Circular 4220.lE, "Third Party Contracting
Requirements," dated 06-19-03.
3. AUTHORITY. Federal Transit Laws, Title 49, United States Code, Chapter 53.
4. WAIVER. FT A reserves the right to waive any provision of this circular to the extent
permitted by Federal law or regulation.
5. FEDERAL REGISTER NOTICE. In conjunction with publication of this circular, a
Federal Register notice was published on September 30, 2008 (73 FR 56896), addressing
comments received during the development of the circular.
6. AMENDMENTS TO THE CIRCULAR. FT A reserves the right to update this circular due
to changes in other revised or new guidance and regulations that undergo notice and
comment, without further notice and comment on this circular. FT A will post updates on
our Web site: http://www.fta.dot.gov/. The Web site allows the public to register for
notification when FTA issues Federal Register notices or new guidance; visit the Web site
and click on "Sign-up for e-mail updates."
7. ACCESSIBLE FORMATS. This document is available in accessible formats upon request.
To obtain paper copies ofthis circular as well as information regarding these accessible
formats, telephone FT A's Administrative Services Help Desk, 202-366-4865. Individuals
With hearing impairments may contact the Federal Relay Service, 1-800-877-8339 for
assistance with the calL
James S. Simpson
Administrator
OPI: TAD
Distribution: FT A Headquarters Offices (T - W -2)
FTA Regional Offices (T-X-2)
FTA C 4220.1F
11/01/2008
Rev. 04/14/2009
Agenda Item No, 10G
June 22, 2010
Page 108 of 138
Page VI-9
(2) Procurement Procedures. The following procedures apply to sealed bid
procurements:
(a) Publicity. The invitation for bids is publicly advertised.
(b) Adequate Sources. Bids are solicited from an adequate number of known
suppliers.
(c) Adequate Soecifications. The invitation for bids, including any specifications
and pertinent attachments, describes the property or services sought in
sufficient detail that a prospective bidder will be able to submit a proper bid.
(d) Sufficient Time. Bidders are allowed sufficient time to prepare bids before the
date of bid opening.
(e) Public Ooening. All bids are publicly opened at the time and place prescribed
in the invitation for bids.
(f) Fixed Price Contract. A firm fixed price contract is usually awarded in writing
to the lowest responsive and responsible bidder, but a fixed price incentive
contract or inclusion of an economic price adjustment provision can
sometimes be appropriate. When specified in the bidding documents, factors
such as trlmsportation costs and life cycle costs affect the determination of the
lowest bid; payment discounts are used to determine the low bid only when
prior experience indicates that such discounts are typically taken.
(g) Reiection of Bids. Any or all bids may be rejected if there is a sound,
documented business reason.
FT A strongly encourages non-governmental recipients to use similar procedures.
d. Competitive Proposals (Request for Proposals). The Common Grant Rule for
governmental recipients acknowledges the use of competitive proposals to be a
generally accepted procurement method when the nature ofthe procurement does not
lend itselfto sealed bidding and the recipient expects that more than one source will be
willing and able to submit an offer or proposal.
(I) When Appropriate. Competitive proposals should be used when any of the
following circumstances are present:
(a) Tvpe of Specifications, The property or services to be acquired are described
in a performance or functional specification; or if described in detailed
technical specifications, other circumstances such as the need for discussions
or the importance of basing contract award on factors other than price alone
are present.
f'b'S. ,<1 ~ I (j1.-J
Agenda Item No, 10G
June 22, 2010
Page 109 of 138
Page VI-10 FTA C 4220.lF
11/01/2008
Rev. 04/14/2009
(b) Uncertain Number of Sources. Uncertainty about whether more than one bid
will be submitted in response to an invitation for bids and the recipient lacks
the authority or flexibility under State or local law to negotiate the contract
price if it receives only a single bid.
(c) Price Alone Not Determinative. Due to the nature of the procurement, contract
award need not be based exclusively on price or price-related factors. In
different types of negotiated acquisitions, the relative importance of cost or
price may vary. When the recipient's material requirements are clearly
definable and the risk of unsuccessful contract performance is minimal, cost
or price may playa dominant role in source selection. The less definitive the
requirements, the more development work required, or the greater the
performance risk, the more technical or past performance considerations may
playa dominant role in source selection and supersede low price.
(d) Discussions Expected. Separate discussions with individual offeror(s) are
expected to be necessary after they have submitted their proposals. This
contrasts with Formal Advertising procedures in which discussions with
individual bidders are not likely to be necessary, as award of the contract will
be made based on price and price-related factors alone.
(2) Procurement Procedures. The following procedures apply to procurements by
competitive proposals:
(a) Publicitv. The request for proposals is publicly advertised.
(b) Evaluation Factors. All evaluation factors and their relative importance are
specified in the solicitation; but numerical or percentage ratings or weights
need not be disclosed.
(c) Adequate Sources. Proposals are solicited from an adequate number of
qualified sources.
(d) Evaluation Method. A specific method is established and used to conduct
technical evaluations of the proposals received and to determine the most
qualified offeror,
(e) Price and Other Factors. An award is made to the responsible offeror whose
proposal is most advantageous to the recipient's program with price and other
factors considered.
(f) Best Value. If permitted under its State or local law, the recipient may award
the contract to the offeror whose proposal provides the greatest value to the
recipient. To do so, the recipient's solicitation must inform potential offerors
that the award will be made on a "best value" basis and identify what factors
will form the basis for award. The evaluation factors for a specific
FTA C 4220.IF
11/01/2008
Rev. 04/14/2009
Agenda Item No. 10G
June 22, 2010
Page 110 of 138
Page VI-ll
procurement should reflect the subject matter and the elements that are most
important to the recipient. Those evaluation factors may include, but need not
be limited to, technical design, technical approach, length of delivery
schedules, quality of proposed personnel, past performance, and management
plan. The recipient should base its determination of which proposal represents
the "best value" on an analysis of the tradeoff of qualitative technical factors
and price or cost factors. Apart from the statutory requirement that the
contract must support the recipient's public transportation project consistent
with applicable Federal laws and regulations, FT A does not require any
specific factors or analytic process.
FTA strongly encourages non-governmental recipients to use similar procedures.
e. Two-Step Procurement Procedures. If permitted by State and local law, the recipient
may use two-step procurement procedures in both sealed bid and competitively
negotiated procurements, provided the opportunity for full and open competition is
retained.
(I) Review of Technical Qualifications and Approach. The first step is a review of the
prospective contractors' technical approach to the recipient's request and technical
qualifications to carry out that approach. The recipient then may narrow the
competitive range to prospective contractors that demonstrate a technically
satisfactory approach and have satisfactory qualifications.
(2) Review of Bids and Proposals Submitted bv Oualified Prospective Contractors.
The second step consists of soliciting and reviewing complete bids (sometimes
referred to as "two-step sealed bidding") or proposals (as in "competitive
negotiations"), including price, submitted by each prospective contractor
determined to be qualified. Absent exceptional circumstances, the recipient should
attempt to solicit bids or proposals from at least three qualified prospective
contractors. Unlike qualifications-based procurement procedures required for
A&E services, and other contracts covered by 49 U.S.c. Section 5325(b) discussed
in subsection 3.f of this Chapter, FT A expects the recipient to consider all bid or
proposal prices submitted as well as other technical factors, rather than limiting
reviews to the most qualified bidder or offeror.
f. Architectural Engineering (A&E) Services and Other Services. FT A's enabling
legislation at 49 U.S.c. Section 5325(b)(l) requires the use of the qualifications-based
procurement procedures contained in the "Brooks Act," 40 U,S.C. Sections 1101
through 1104, to acquire A&E services, but also for program management, construction
management, feasibility studies, preliminary engineering, design, architectural,
engineering, surveying, mapping and related services. The nature of the work to be
performed and its relationship to construction, not the nature of the prospective
contractor, determine whether qualifications-based procurement procedures may be
used as described below.
Agenda Item No. 10G
June 22, 2010
Page 111 of 138
Page VI-12 FTA C 4220.lF
1110112008
Rev. 04/14/2009
(I) Qualifications-Based Procurement Procedures Reauired. The recipient must use
qualifications-based procurement procedures not only when contracting for A&E
services, but also for other services listed in 49 U.S.c. Section 5325(b)(l) that are
directly in support of, directly connected to, directly related to, or lead to
construction, alteration, or repair of real property. For example, a contractor
performing program management, project design, construction management, or
engineering services in which that contractor would select the finished products to
be acquired for an FT A assisted construction project must be selected through
qualifications-based procurement procedures.
(2) Qualifications-Based Procurement Procedures Prohibited. Unless FT A determines
otherwise in writing, a recipient may not use qualifications-based procurement
procedures to acquire other types of services if those services are not directly in
support of, directly connected to, directly related to, or do not lead to construction,
alteration, or repair of real property. Even if a contractor has performed services
listed herein in support of a construction, alteration, or repair project involving real
property, selection of that contractor to perform similar services not relating to
construction may not be made through the use of qualifications-based procurement
. procedures.
A project involving construction does not always require that qualifications-based
procurement procedures be used. Whether or not qualifications-based
procurement procedures may be used depends on the actual services to be
performed in connection with the construction project. For example, the design or
fabrication of message signs, signals, movable barriers, and similar property that
will become off-the-shelf items or will be fabricated and delivered as final end
products for installation in an FT A assisted construction project are not services
for which qualifications-based procurement procedures may be used. Nor are
actual construction, alteration, or repair to real property the type of services for
which qualifications-based procurement procedures may be used.
~
(3) Qualifications-Based Procurement Procedures. The following procedures apply to
qualifications-based procurements:
(a) Qualifications, Unlike other two-step procurement procedures in which price
is an evaluation factor, an offeror's qualifications are evaluated to determine
contract award.
(b) Price. Price is excluded as an evaluation factor.
(c) Most Qualified. Negotiations are first conducted with only the most qualified
offeror.
(d) Next Most Qualified. Only after failing to agree on a fair and reasonable price
may negotiations be conducted with the next most qualified offeror. Then, if
necessary, negotiations with successive offerors in descending order may be
FTA C 4220.IF
11/01/2008
Rev. 04/14/2009
Agenda Item No, 10G
June 22, 2010
Page 112 of 138
Page VI-13
conducted until contract award can be made to the offeror whose price the
recipient believes is fair and reasonable.
(4) Effect of State Laws. To the extent that a State has, before August 10, 2005,
adopted by law, an equivalent State qualifications-based procurement requirement
for acquiring architectural, engineering, and design services, Federal "Brooks Act"
procedures, 40 U.S.C. Sections 1101 through 1104, will not apply.
(5) Audits and Indirect Costs. As required by 49 U.S.c. Section 5325(b)(3), the
following requirements apply to a third party contract for program management,
architectural engineering, construction management, feasibility studies,
preliminary engineering, design, architectural, engineering, surveying, mapping, or
related services:
(a) Performance of Audits. The third party contract or subcontract must be
performed and audited in compliance with FAR Part 3 I cost principles.
(b) Indirect Cost Rates. The recipient and the third party contractor, its
subcontractors and subrecipients, if any, must accept FAR indirect cost rates
for one-year applicable accounting periods established by a cognizant Federal
or State government agency, if those rates are not currently under dispute.
(c) Application of Rates. After a firm's indirect cost rates established as described
in subparagraph 3.f(5)(b) of this Chapter are accepted, those rates will apply
for purposes of contract estimation, negotiation, administration, reporting, and
payments, not limited by administrative or de facto ceilings.
(d) Prenotification: Confidentiality of Data. Before requesting or using cost or
rate data described in subparagraph 3.f(5)(c), a recipient must notify the
affected firm(s). That data must be kept confidential and may not be
accessible by or provided by the group of agencies that share cost data under
this subparagraph, except by written permission of the audited firm. If
prohibited by law, that cost and rate data may not be disclosed under any
circumstances. FT A recognizes that many States have "Open Records" laws
that may make it difficult to maintain confidential cost or rate data. As a
result, before requesting or using cost or rate data, not only should a recipient
notify the affected firm, but it must also obtain permission to provide that data
in response to a valid request under applicable State law. The confidentiality
requirements of 49 U.S.c. 5325(b)(3)(D) cannot be waived, even if they
conflict with State Jawor regulations.
g. Design-Bid-Build, The design-bid-build procurement method requires separate
contracts for design services and for construction.
Agenda Item No. 10G
June 22, 2010
Page 113 of 138
Page VI-14 FTA C 4220.lF
11101/2008
Rev. 04/14/2009
(1) Desilm Services. For design services, the recipient must use qualifications-based
procurement procedures, in compliance with applicable Federal, State and local
law and regulations.
(2) Construction. Because the recipient may not use qualifications-based procurement
procedures for the actual construction, alteration or repair of real property, the
recipient generally must use competitive procedures for the construction. These
may include sealed bidding or competitive negotiation procurement methods, as
appropriate.
h. Design-Build. The design-build procurement method consists of contracting for design
and construction simultaneously with contract award to a single contractor, consortium,
joint venture, team, or partnership that will be responsible for both the project's design
and construction. The Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU) expressly authorizes the use ofFTA capital
assistance to support design-build projects "after the recipient complies with
Government requirements," 49 U.S.C. Section 5325(d)(2).
(I) Procurement Method Determined bv Value. First, the recipient must separate the
various contract activities to be undertaken and classify them as design or
construction, and then calculate the estimated total value of each. Because both
design and construction are included in a single procurement, the FTA expects the
recipient to use the procurement method appropriate for the services having the
greatest cost, even though other necessary services would not typically be
procured by that method.
(a) Construction Predominant. The construction costs of a design-build project
are usually predominant so that the recipient would be expected to use
competitive negotiations or sealed bids for the entire procurement rather than
the qualification-based Brooks Act procurement procedures. Specifically,
when construction costs will be predominant, unless FT A determines
otherwise in writing, an FT A recipient may not use qualifications-based
procurement procedures to acquire architectural engineering, program
management, construction management, feasibility studies, preliminary
engineering, design, architectural and engineering, surveying, mapping, or
related A&E services unless required by State law adopted before August 10,
2005.
(b) Design Services Predominant. In the less usual circumstance in which the cost
of most work to be performed will consist of costs for architectural and
engineering, program management, construction management, feasibility
studies, preliminary engineering, design, architectural engineering, surveying,
mapping, or related A&E services, FTA expects the recipient to use
qualifications-based procurement procedures based on the Brooks Act as
described in subsection 3.e of this Chapter.
FTA C 4220.IF
11/01/2008
Rev. 04/14/2009
Agenda Item No, 10G
June 22, 2010
Page 114 of 138
Page VI-IS
(2) Selection Processes. The recipient may structure its design-build procurement
using one or more steps as described below:
(a) One-Step Method. The recipient may undertake its design-build procurement
in a single step.
(b) Two-Step Method. Another procurement method the recipient may use for
large design-build projects is a two-step selection process as authorized for
Federal Government use by 41 V.S.C. Section 253m. This method consists
of:
1 Review of Technical Qualifications and Approach. The first step is a
review of the prospective contractors' technical qualifications and
technical approach to the project. The recipient may then narrow the
competitive range to those prospective contractors with satisfactory
qualifications that demonstrate a technically satisfactory approach.
2. Review of Complete Proposals. The second step consists of soliciting and
reviewing complete proposals, including price, submitted by prospective
contractors first determined to be qualified.
By using this two-step method, it will not be necessary for the recipient to
undertake extensive proposal reviews, nor will prospective offerors need to
engage in expensive proposal drafting. This two-step selection procedure is
separate and distinct from prequalification and is but one procurement method
available to the recipient.
1. Other Than Full and Open Competition. Normally, the recipient must provide for full
and open competition when soliciting bids or proposals. The Common Grant Rule for
governmental recipients, however, acknowledges that under certain circumstances, a
recipient may conduct procurements without providing for full and open competition.
(I) When Appropriate. A recipient may use noncompetitive proposals only when the
procurement is inappropriate for small purchase procedures, sealed bids, or
competitive proposals, and at least one of the following circumstances are present:
(a) Competition Adequacv. After soliciting several sources, FT A expects the
recipient to review its specifications to determine if they are unduly restrictive
or if changes can be made to encourage submission of more bids or proposals.
After the recipient determines that the specifications are not unduly restrictive
and changes cannot be made to encourage greater competition, the recipient
may determine the competition adequate. A cost analysis must be performed
in lieu of a price analysis when this situation occurs.
(b) Sole Source. When the recipient requires supplies or services available from
only one responsible source, and no other supplies or services will satisfy its
Page VI-16
Agenda Item No. 10G
June 22, 2010
Page 115 of 138
FTA C 4220.1F
11/01/2008
Rev. 04/14/2009
requirements, the recipient may make a sole source award. When the
recipient requires an existing contractor to make a change to its contract that is
beyond the scope of that contract, the recipient has made a sole source award
that must be justified. .
1 Unique Capability or Availabilitv. The property or services are available
from one source if one of the conditions described below is present:
!! Unique or Innovative Concept. The offeror demonstrates a unique or
innovative concept or capability not available from another source.
Unique or innovative concept means a new, novel, or changed
concept, approach, or method that is the product of original thinking,
the details of which are kept confidential or are patented or
copyrighted, and is available to the recipient only from one source and
has not in the past been available to the recipient from another source.
12 Patents or Restricted Data Rights. Patent or data rights restrictions
preclude competition.
f Substantial Duplication Costs. In the case of a follow-on contract for
the continued development or production of highly specialized
equipment and major components thereof, when it is likely that award
to another contractor would result in substantial duplication of costs
that are not expected to be recovered through competition.
Q. Unacceptable Delav. In the case of a follow-on contract for the
continued development or production of a highly specialized
equipment and major components thereof, when it is likely that award
to another contractor would result in unacceptable delays in fulfilling
the recipient's needs.
~ Single Bid or Proposal. Upon receiving a single bid or proposal in
response to a solicitation, the recipient should determine if competition
was adequate. This should include a review of the specifications for
undue restrictiveness and might include a survey of potential sources that
chose not to submit a bid or proposal.
i! Adequate Competition. FTA acknowledges competition to be adequate
when the reasons for few responses were caused by conditions beyond
the recipient's controL Many unrelated factors beyond the recipient's
control might cause potential sources not to submit a bid or proposaL
If the competition can be determined adequate, FTA's competition
requirements will be fulfilled, and the procurement will qualify as a
valid sole source.
FTA C 4220.1F
11/01/2008
Rev. 04/14/2009
Agenda Item No. 10G
June 22, 2010
Page 116 of 138
Page VI-17
Q Inadeouate Comoetition. FTA acknowledges competition to be
inadequate when, caused by conditions within the recipient's control.
For example, ifthe specifications used were within the recipient's
control and those specifications were unduly restrictive, competition
will be inadequate.
(c) Unusual and Comoelling Urgencv. The Common Grant Rule for
governmental recipients permits the recipient to limit the number of sources
from which it solicits bids or proposals when a recipient has such an unusual
and urgent need for the property or services that the recipient would be
seriously injured unless it were permitted to limit the solicitation. The
recipient may also limit the solicitation when the public exigency or
emergency will not permit a delay resulting from competitive solicitation for
the property or services,
(d) Associated Caoital Maintenance Item Exceotion Reoealed. SAFETEA-LU
repealed the special procurement preference previously authorized for
associated capital maintenance items. Thus, any sole source procurement of
associated capital maintenance items must qualify for an exception under the
same standards that would apply to other sole source acquisitions.
(e) Authorized bv FTA. The Common Grant Rules provide Federal agencies
authority to permit a recipient to use noncompetitive proposals. Under this
authority, FT A has made the following determinations:
1 Consortium. Joint Venture. Team. Partnershio. With some exceptions,
when FT A awards a grant agreement or enters into a cooperative
agreement with a consortium, joint venture, team, or partnership, or
provides FT A assistance for a research project in which FT A has approved
the participation of a particular firm or combination of firms in the project
work, the grant agreement or cooperative agreement constitutes approval
of those arrangements. In such cases, FTA expects the recipient to use
competition, as feasible, to select other participants in the project.
2. FAR Standards. To ensure that the recipient has flexibility equal to that of
Federal contracting officers, FT A authorizes procurement by
noncompetitive proposals in all of the circumstances authorized by FAR
Part 6.3. In addition to circumstances discussed in the Common Grant
Rules, the FAR authorizes less than full and open competitive
procurements in one or more ofthe following circumstances:
1! Statutorv Authorization or Reouirement. To comply with Department
of Transportation (DOT) appropriations laws that include specific
statutory requirements, with the result that only a single contractor can
perform certain project work,
Page VI-18
Agenda Item No, 10G
June 22, 2010
Page 117 of 138
FTA C 4220.lF
1110112008
Rev. 04/14/2009
Q National Emergencv. To maintain a facility, producer, manufacturer,
or other supplier available to provide supplies or services in the event
of a national emergency or to achieve industrial mobilization.
f. Research. To establish or maintain an educational or other non-profit
institution or a federally funded research and development center that
has or will have an essential engineering, research, or development
capability.
g Protests. Disputes. Claims. Litigation. To acquire the services of an
expert or neutral person for any current or anticipated protest, dispute,
claim, or litigation.
!< International Arrangements. When precluded by the terms of an
international agreement or a treaty between the United States and a
foreign government or international organization, or when prohibited
by the written directions of a foreign government reimbursing the
recipient for the cost of the acquisition of the supplies or services for
that government.
f National Securitv. When the disclosure of the recipient's needs would
compromise the national security.
g Public Interest. When the recipient determines that full and open
competition in connection with a particular acquisition is not in the
public interest.
(2) When Prohibited. Less than full and open competition is not justified based on:
(a) Failure to Plan. The recipient's lack of advance planning, or
(b) Limited Availabilitv of Federal Assistance, Concerns about the amount of
Federal assistance available to support the procurement (for example,
expiration of Federal assistance previously available for award).
(3) Procurement Procedures. When less than full and open competition is available to
the recipient, the Common Grant Rule for governmental recipients directs the
recipient to:
(a) Potential Sources. Solicit offers from as many potential sources as is
practicable under the circumstances.
(b) Sole Source Justification. If the recipient decides to solicit an offer from only
one source, the recipient must justify its decision adequately in light of the
standards of subparagraph 3.i(1)(b) of this Chapter. FTA expects this sole
source justification to be in writing.
FTA C 4220.1F
11/01/2008
Rev, 04/14/2009
Agenda Item No, 10G
June 22,2010
Page 118 of 138
Page VI-19
(c) Cost Analvsis. Prepare or obtain a cost analysis verifying the proposed cost
data, the projections of the data, and the evaluation of the costs and profits.
(d) Preaward Review. Submit the proposed procurement to FTA for preaward
review if FT A so requests.
4. ELIGIBLE COSTS. Property and services must be eligible for Federal participation under
the standards of the Federal cost principles (OMB Circular A-87, OMB Circular A-21,
OMB Circular A-122, or FAR Part 31) applicable to the recipient before the recipient may
use FTA assistance to support its costs. A recipient may use its own cost principles that
comply with applicable Federal cost principles. FT A assistance may support contract costs
or prices based on estimated costs only if the costs incurred or cost estimates included in
negotiated prices comply with applicable Federal cost principles, and the property or
services are eligible for Federal assistance under the terms of the underlying grant or
cooperative agreement.
5. INCENTIVE COSTS AND PA YMENTS. SAFETEA-LU added a new amendment,
49 U.S.c. Section 5309(1), authorizing incentive payments to contractors that provide
accurate cost and ridership estimates in connection with a new fixed guideway capital
project, and to contractors that enable a new fixed guideway capital project to be completed
for less than its original estimated cost. These incentive payments will be allowable costs
in addition to other eligible project costs and must be "necessary and reasonable." See, the
Questions and Answers pertaining to incentive contracts at FT A's Web site:
http://www.Cta.dot.gov/funding/thirdpartyprocurementlfaq/grants_financing_6148.ht
mt
6. COST AND PRICE ANALYSIS. The Common Grant Rules require the recipient to
perform a cost or price analysis in connection with every procurement action, including
contract modifications. The method and degree of analysis depends on the facts and
circumstances surrounding each procurement, but as a starting point, the recipient must
make independent estimates before receiving bids or proposals.
a. Cost Analvsis. The recipient must obtain a cost analysis when a price analysis will not
provide sufficient information to determine the reasonableness of the contract cost.
The recipient must obtain a cost analysis when the offeror submits elements (that is,
labor hours, overhead, materials, and so forth) of the estimated cost, (such as
professional consulting and A&E contracts, and so forth). The recipient is also
expected to obtain a cost analysis when price competition is inadequate, when only a
sole source is available, even if the procurement is a contract modification, or in the
event of a change order, The recipient, however, need not obtain a cost analysis if it
can justify price reasonableness of the proposed contract based on a catalog or market
price of a commercial product sold in substantial quantities to the general public or
based on prices set by law or regulation.
(I) Federal Cost Principles. Federal cost principles contain many requirements about
the allowability and allocability of costs.
Agenda Item NO.1 OG
June 22, 2010
Page 119 of 138
Page VI-20 FTA C 4220. IF
1110 I /2008
Rev. 04/14/2009
(2) Establishing Indirect Cost Rates. For contracts other than A&E contracts discussed
in subsection 3.e of this Chapter, if the third party contractor or subcontractor does
not have an approved Government indirect cost rate agreement, the contract's
dollar value should determine how that rate is verified.
(a) Contracts of$5 Million or Less. FTA will accept the audit recommendations
ofthe contractor's certified public accountant, or indirect cost information in
the contractor's annual statement to their stockholders, shareholders, or
owners, or examples of acceptance of their rates by other governmental
agencies within the last six months.
(b) Contracts Exceeding $5 Million. If the contract exceeds $5 million, then the
Defense Contract Audit Agency, another Federal cognizant audit agency, or
an accounting firm approved by the Federal Government to perform audits for
the Federal Government, must verify the contractor's rates.
(3) Profit. FTA expects the recipient to negotiate profit as a separate element of the
cost for each contract in which there has been no price competition, and in all
acquisitions in which the recipient performs or acquires a cost analysis. To
establish a fair and reasonable profit, the recipient needs to consider the
complexity of the work to be performed, the risk undertaken by the contractor, the
contractor's investment, the amount of subcontracting, the quality of the
contractor's record of past performance, and industry profit rates in the
surrounding geographical area for similar work.
b. Price Analvsis. If the recipient determines that competition was adequate, a price
analysis, rather than a cost analysis, is required to determine the reasonableness of the
proposed contract price. As discussed previously in subsection 3.a of this Chapter, the
price analysis for micro-purchases may be limited. Similarly, the recipient may use an
abbreviated price analysis for small purchases in most cases. One method to record this
price analysis is through the use of a preprinted form on which a contracting officer (or
other responsible person) can annotate a finding of fair and reasonable pricing and
check off the most common reasons why this would be so, such as catalog or market
prices offered in substantial quantities to the general public, regulated prices (for
example, for many utilities purchases), or a comparison with recent prices for similar
goods and services.
c. Guidance on Cost and Price Analvsis. FT A recognizes that some recipients may have
difficulty obtaining the information necessary to conduct a proper cost or price
analysis. Although neither FTA nor DOT may change the Common Grant Rules'
requirements for cost or price analysis, FT A continues to seek a fair, practical solution
to this problem consistent with the flexibility provided to Federal contracting officers
under the FAR. The recipient may use the following resources as guidance in
preparing cost or price analyses:
(I) FTA's "Best Practices Procurement Manual," Chapter 5,
FTA C 4220.1F
11101/2008
Rev. 04/14/2009
Agenda Item No, 10G
June 22, 2010
Page 120 of 138
Page VI-21
(2) The National Transit Institute Course, "Cost or Price Analysis and Risk
Assessment,"
(3) Pricing Guide for FT A Grantees, FT A Web Site:
http://www.fta.dot.gov/documents/Helpline_Price _ Guide.doc.,
(4) FAR Part 31, Contract Cost Principles and Procedures, and
(5) Defense Contract Audit Agency Audit Manual. See, the DCAA Web site:
http://www.dcaa.mil/.
Note, however, that the requirements of FAR Part 31 and the Defense Contract Audit
Agency Audit Manual may differ from restrictions applicable to an FT A recipient.
Each FT A recipient must comply with those F ederallaws and regulations directly
applicable to it.
7. EV ALVA nONS. The following standards apply:
a. General. When evaluating bids or proposals submitted, FTA expects the recipient to
consider all evaluation factors specified in its solicitation documents, and evaluate the
bids or offers only on the evaluation factors included in those solicitation documents.
The recipient may not modify its evaluation factors after bids or proposals have been
submitted without re-opening the solicitation.
b. Ootions. In awarding the contract that will include options, the following standards
apply:
(l) Evaluation Required. In general, FT A expects the recipient to evaluate bids or
offers for any option quantities or periods contained in a solicitation if it intends to
exercise those options after the contract is awarded.
(2) Evaluation Not Required. The recipient need not evaluate bids or offers for any
option quantities when the recipient determines that evaluation would not be in its
best interests. An example of a circumstance that may support a determination not
to evaluate bids or offers for option quantities is when the recipient is reasonably
certain that funds will not be available to permit it to exercise the option.
c. Evaluators. In addition to evaluators with experience in technical or public policy
matters related to the procurement, other evaluators may also include auditors and
financial experts to the extent that the recipient determines would be necessary or
helpful. Although many FT A recipients assign evaluation duties to their own
personnel, a recipient lacking qualified personnel within its organization may contract
for evaluation services. If it does so, the procurement standards of this circular will
apply to those contracts and to those contractors selected to perform evaluation
functions on behalf of the recipient.
Agenda Item No. 10G
June 22, 2010
Page 121 of 138
Page VI.22
FT A C 4220.IF
1110112008
Rev. 04/14/2009
8. CONTRACT AWARD. The following provisions apply to third party contract awards:
a. Award to Other Than the Lowest Bidder or Offeror. Federal transit law at 49 V.S.C.
Section 5325(c) authorizes the recipient to award a contract to other than the lowest
bidder if the award furthers an objective consistent with the purposes of
49 V.S.C. Chapter 53, including improved long-tenn operating efficiency and lower
long-tenn costs. The recipient may also award a contract to other than the offeror
whose proposal is lowest, when stated in the evaluation factors of the solicitation. In
both cases, the recipient should include a statement in its solicitation document
reserving the right to award the contract to other than the low bidder or offeror.
b. Award Onlv to a Responsible Bidder or Offeror. SAFETEA-LV amended 49 V.S.c.
Section 5325 to require FT A assisted contract awards be made only to "responsible"
contractors possessing the ability, willingness, and integrity to perfonn successfully
under the tenns and conditions of the contract. Responsibility is a procurement issue
that is detennined by the recipient after receiving bids or proposals and before making
contract award. FT A expects the prospective contractor to demonstrate affinnatively to
the recipient that it qualifies as "responsible" under the standards of 49 V.S.C. Section
5325, and that its proposed subcontractors also qualify as "responsible."
To designate a prospective contractor "responsible" as required by 49 U.S.C.
Section 5325, FT A expects the recipient, at a minimum, to detennine and ensure that
the prospective contractor satisfies the following criteria described herein. In addition
to being otherwise qualified and eligible to receive the contract award under applicable
laws and regulations, a responsible contractor:
(I) Integrity and Ethics. Has a satisfactory record of integrity and business ethics, in
compliance with 49 V.S.c. Section 53250)(2)(A),
(2) Debannent and Suspension. Is neither debarred nor suspended from Federal
programs under DOT regulations, "Nonprocurement Suspension and Debannent,"
2 CFR Parts 180 and 1200, or under the FAR at 48 CFR Chapter I, Part 9.4,
(3) Affinnative Action and DBE. Is in compliance with the Common Grant Rules'
affinnative action and FTA's Disadvantaged Business Enterprise requirements,
(4) Public Policv. Is in compliance with the public policies of the Federal
Government, as required by 49 V.S.c. Section 53250)(2)(8),
(5) Administrative and Technical Capacitv. Has the necessary organization,
experience, accounting, and operational controls, and technical skills, or the ability
to obtain them, in compliance with 49 U.S.c. Section 53250)(2)(D),
(6) Licensing and Taxes. Is in compliance with applicable licensing and tax laws and
regulations,
Agenda Item No.1 OG
June 22, 2010
Page 122 of 138
FTA C 4220.lF
Il/0l/2008
Rev. 04/14/2009
Page VI-23
(7) Financial Resources. Has, or can obtain, sufficient financial resources to perform
the contract, as required by 49 U .S.c. Section 53250)(2)(D),
(8) Production Caoabilitv. Has, or can obtain, the necessary production, construction,
and technical equipment and facilities,
(9) Timeliness. Is able to comply with the required delivery or performance schedule,
taking into consideration all existing commercial and governmental business
commitments, and
(10) Performance Record, Is able to provide a:
(a) Current Performance. Satisfactory current performance record, and
(b) Past Performance. Satisfactory past performance record in view of its records
of long-time performance or performance with a predecessor entity, including:
1 Sufficient Resources. Key personnel with adequate experience, a parent
firm with adequate resources and experience, and key subcontractors with
adequate experience and past performance,
l Adequate Past Experience. Past experience in carrying out similar work
with particular attention to management approach, staffing, timeliness,
technical success, budgetary controls, and other specialized considerations
as described in the recipient's solicitation, and
J. Anv Past Deficiencies Not the Fault of the Bidder or Offeror. A
prospective bidder or offeror that is or recently has been seriously
deficient in contract performance is presumed to be nonresponsible, unless
the recipient determines that the circumstances were properly beyond the
bidder or offeror's control, or unless the bidder or offeror has taken
appropriate corrective action, Past failure to apply sufficient tenacity,
perseverance, and effort to perform acceptably is strong evidence of
nonresponsibility. Failure to meet the quality requirements ofa contract is
a significant factor to consider in determining satisfactory performance.
FTA expects the recipient to consider the number of the bidder or offeror's
contracts involved and the extent of deficient performance in each contract
when making this determination.
Before entering into a full funding contract for a fixed guideway project, the
recipient must now consider the prospective contractor's past performance in
estimating costs and ridership as reported in the Contractor Performance
Assessment Reports, as required by 49 U.S,C. Section 5325(j)(2)(C).
c. Reiection of Bids and Proposals. Depending on the type of recipient, the following
applies:
Agenda Item No. 10G
June 22,2010
Page 123 of 138
Page VI-24
FTA C 4220.IF
1 I/O I/2008
Rev. 04/14/2009
(I) Governmental Recioients. The Common Grant Rule for governmental recipients
asserts the recipient's right to reject all bids submitted in response to an invitation
for bids or request for proposals.
(2) Non-Governmental Recioients. The Common Grant Rule for non-governmental
recipients authorizes the recipient to reject any and all bids and proposals when it
is in the recipient's interest to do so.
d. Extent and Limits of Contract A ward. A selection of a contractor to participate in one
aspect of a project does not, by itself, constitute a sole source selection of the
contractor's wholly owned affiliates to perform other work in connection with the
project.
Agenda Item NO.1 OG
June 22, 2010
Page 124 of 138
FTA C 4220. IF
11/0I/2008
Rev. 04/14/2009
Page VII-I
CHAPTER VII
PROTESTS, CHANGES AND MODIFICATIONS.
DISPUTES. CLAIMS. LITIGATION. AND SETTLEMENTS
The Common Grant Rules assign responsibility to the recipient for resolving all contractual
and administrative issues arising out of their third party procurements, including source
evaluation and selection, including protests of awards, disputes, and claims using good
administrative practices and sound business judgment. The Federal Transit Administration
(FT A) also encourages the recipient to use appropriate alternative dispute resolution
procedures. Neither FT A nor the Common Grant Rules relieve the recipient of any
responsibility under its contracts to resolve disagreements that may arise in the course of
contract formation or contract administration.
In general, FTA will not substitute its judgment for that of the recipient or subrecipient unless
the matter is primarily a Federal concern. Examples of "Federal concerns" include, but are not
limited to, situations "where a special Federal interest is declared because of program
management concerns, possible mismanagement, impropriety, waste, or fraud." Nevertheless,
FT A can become involved in the recipient's administrative decisions when a recipient's protest
decision is appealed to FT A, or when the recipient seeks to use FT A assistance to support the
costs of settlements or other resolutions of protests, disputes, claims, or litigation.
I. PROTESTS.
a. The Recipient's Role and Responsibilities. The Common Grant Rules charge the
recipient with the initial responsibility to resolve protests of third party contract awards.
(I) Protest Procedures. Apart from other methods the recipient may have to resolve
third party contract issues, such as mediation or arbitration, the Common Grant
Rule for governmental recipients requires the recipient to have protest procedures.
While the Common Grant Rule for non-governmental recipients does not impose a
similar requirement on a non-governmental recipient, FT A expects each recipient
to have appropriate written protest procedures, as part of its requirement to
maintain or acquire adequate technical capacity to implement the project.
(2) Responsibilities to FTA. The recipient's minimum responsibilities to FTA consist
of the following:
(a) Timelv Notification. The Common Grant Rule for governmental recipients
requires a governmental recipient to notifY FT A when it receives a third party
contract protest to which this circular applies, and to keep FT A informed
about the status of the protest. A non-governmental recipient involved in a
protest is similarly expected to notifY FT A when it receives a third party
contract protest to which the circular applies, and to similarly keep FT A
Page VII-2
Agenda Item No. 10G
June 22, 2010
Page 125 of 138
FTA C 4220.lF
I I/O I/2008
Rev. 04/1412009
informed about the status of the protest. The recipient is expected to provide
the following information:
1 Subjects. A list of protests involving third party contracts and potential
third party contracts that:
!! Have a value exceeding $100,000, or
Q Involve a controversial matter, irrespective of amount, or
l< Involve a highly publicized matter, irrespective of amount.
J. Details. The following information about each protest:
!! A brief description of the protest,
Q The basis of disagreement, and
l< If open, how far the protest has proceeded, or
4 If resolved, the agreement or decision reached, and
!! Whether an appeal has been taken or is likely to be taken.
1 When and Where. The recipient should provide this information:
!! In its next quarterly Milestone Progress Report, and
Q At its next Project Management Oversight review, if any.
Small recipients may report less frequently if no protests are outstanding.
1 FTA Officials to Notify. When a recipient denies a bid protest, and
especially if an appeal to FT A is likely to occur, FT A expects the recipient
to inform the FT A Regional Administrator for the region administering a
regional project, or the FTA Associate Administrator for the program
office administering a headquarters project directly. FTA also encourages
the recipient to keep its FT A project manager informed about protests with
which it is involved. In particular, the recipient should contact its project
manager about any unusual activity.
(b) Access to Information. FT A expects the recipient to disclose information
about any third party procurement protest to FT A upon request. FT A reserves
the right to require the recipient to provide copies of a particular protest or all
protests, and any or all related supporting documents as FT A may determine
necessary .
Agenda Item NO.1 OG
June 22, 2010
Page 126 of 138
FTA C 4220.1F
1 I/O I/2008
Rev. 04/14/2009
Page VII-3
b. FTA's Role and Responsibilities. FTA has developed an appeals process for reviewing
protests of a recipient's procurement decisions.
(I) Requirements for the Protester. The protester must:
(a) Oualify as an "Interested Party." Only an "interested party" qualifies for FTA
review of its appeal. An "interested party" is a party that is an actual or
prospective bidder or offeror whose direct economic interest would be
affected by the award or failure to award the third party contract at issue.
1 Subcontractors. A subcontractor does not qualifY as an "interested party"
because it does not have a direct economic interest in the results of the
procurement.
J. Consortia/Joint VentureslPartnershipslTeams. An established consortium,
joint venture, partnership, or team that is an actual bidder or offeror and is
acting in its entirety, would qualifY as an "interested party" because it has
a direct economic interest in the results of the procurement. An individual
member of a consortium, joint venture, partnership, or team, acting solely
in its individual capacity, does not qualifY as an "interested party" because
it does not have a direct economic interest in the results of the
procurement.
J. Associations or Organizations. An association or organization that does
not perform contracts does not qualify as an "interested party," because it
does not have a direct economic interest in the results of the procurement.
(b) Exhaust Administrative Remedies. The protester must exhaust its
administrative remedies by pursuing the recipient's protest procedures to
completion before appealing the recipient's decision to FTA.
(c) Appeal Within Five Davs. The protester must deliver its appeal to the FTA
Regional Administrator for the region administering its project or the FT A
Associate Administrator for the program office administering its project
within five (5) working days of the date when the protester has received actual
or constructive notice of the recipient's final decision. Likewise, the protester
must provide its appeal to the FT A Regional Administrator for the region
administering its project or the FT A Associate Administrator for the program
office administering its project within five (5) working days of the date when
the protester has identified other grounds for appeal to FT A. For example,
other grounds for appeal include the recipient's failure to have or failure to
comply with its protest procedures or failure to review the protest.
(2) Extent ofFTA Review. As provided in the Common Grant Rule for governmental
recipients, FTA will limit its review of third party contract protests as follows:
Agenda Item No. 10G
June 22, 2010
Page 127 of 138
Page VII-4
FTA C 4220.lF
1 I/O I/2008
Rev. 04/14/2009
(a) The Recipient's Procedural Failures. FTA will consider a protest if the
recipient:
1 Does not have protest procedures, or
f. Has not complied with its protest procedures, or
1 Has not reviewed the protest when presented an opportunity to do so.
(b) Violations of Federal Law or Re!!:ulations. FTA will not consider every appeal
filed by a protestor of an FT A recipient's protest decision merely because a
Federal law or regulation may be involved. Instead, FT A will exercise
discretionary jurisdiction over those appeals involving issues important to
FTA's overall public transportation program. FTA will refer violations of
Federal law for which it does not have primary jurisdiction to the Federal
authority having proper jurisdiction.
(c) Violations of State or Local Law or Re!!:ulations. FTA will refer violations of
State or local law to the State or local authority having proper jurisdiction.
(3) FTA Determinations to Decline Protest Reviews. FTA's determination to decline
jurisdiction over a protest does not mean that FT A approves of or agrees with the
recipient's decision or that FT A has determined the contract is eligible for Federal
participation. FT A's determination means only that FT A does not consider the
issues presented to be sufficiently important to FT A's overall program that FT A
considers a review to be required.
2. CHANGES AND MODIFICA nONS.
a. The Recipient's Role and Responsibilities. The recipient is responsible for issuing,
evaluating and making necessary decisions involving any change to its third party
contracts, and any change orders, or modifications it may issue. The recipient is also
responsible for evaluating and making the necessary decisions involving any claim of a
constructive change. In general, FT A expects each recipient to comply with the
following procedures:
(1) Approval Reauirements. FT A expects the recipient to have cost justifications
supporting each change order it may issue. FTA also expects the recipient's
authorized official to approve any proposed change order before it is issued.
(2) Cost Restrictions. To be eligible for FTA assistance under the recipient's grant or
cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or
cooperative agreement, and reasonable for the completion of project scope.
Agenda Item NO.1 OG
June 22, 2010
Page 128 of 138
FTA C 4220.1F
11/01/2008
Rev. 04/14/2009
Page VII-5
A more extensive discussion on Changes and Modifications can be found in FT A's
Best Practices Procurement Manual (BPPM).
b. FTA's Role and Responsibilities. FTA does not participate in the recipient's decisions
involving change orders, constructive changes, or modifications, but reserves the right
to review the recipient's supporting documentation as necessary to determine the extent
of FT A assistance that may be used to support those costs.
3. DISPUTES.
a. The Recipient's Role and Responsibilities. The Common Grant Rules charge the
recipient with responsibility for evaluating and resolving third party contract disputes.
If the recipient intends to request FTA's permission to use Federal assistance to support
payments to a third party contractor to settle a dispute, or even intends to request
increased Federal assistance for that purpose, the recipient's responsibilities are as
follows:
(1) Notify FTA about Disputes. FTA expects the recipient to provide the following
information in connection with third party contract disputes in which it is
involved:
(a) Subiects. A list of disputes involving third party contracts and potential third
party contracts that:
1 Have a value exceeding $100,000,
J. Involve a controversial matter, irrespective of amount, or
1 Involve a highly publicized matter, irrespective of amount.
(b) Details. The following information about each dispute:
1 A brief description of the dispute,
~ The basis of disagreement, and
1 If open, how far the dispute has proceeded, or
1: If resolved, the agreement or decision reached, and
2 Whether an appeal has been taken or is likely to be taken.
(c) When and Where. The recipient should provide this information:
1 In its next quarterly Milestone Progress Report, and
Z At its next Project Management Oversight review, if any.
Agenda Item No. 10G
June 22, 2010
Page 129 of 138
Page VII-6
FTA C 4220.lF
11/01/2008
Rev. 04/14/2009
Small recipients may report less frequently if no disputes are outstanding.
(d) FTA Officials to Notify. FTA also encourages the recipient to keep its FTA
project manager informed about disputes with which it is involved. In
particular, the recipient should c9ntact its project manager about any unusual
activity .
(2) Adequate Documentation. FT A expects the recipient to include adequate
documentation in its project files of the facts, events, negotiations, applicable laws,
and a legal evaluation of the likelihood of success in any potential litigation
involving the dispute as may be needed to justify FT A's concurrence in any
compromise or settlement of the dispute, should FTA concurrence become
necessary.
(3) Audit. An audit can help the recipient demonstrate that any settlement costs, if
incurred, are necessary, reasonable, adequately documented, and appropriate for
FT A support. The recipient should consider conducting or obtaining a formal
audit to substantiate each part of a large contract dispute before entering into a
settlement. The audit should be conducted in accordance with "Generally
Accepted Auditing Standards" as defined by the American Institute of Certified
Public Accountants. FT A also encourages the recipient to undertake an audit or
similar analysis before settlement of a smaller dispute.
b. FTA's Role and Responsibilities. FTA generally does not become involved in
negotiating the resolution of a recipient's disputes. However, FT A does reserve the
right to become involved as follows:
(I) Determine Reasonableness. FTA may review the reasonableness ofa negotiated
settlement to determine the extent of its participation in the costs of the settlement.
(2) Review Documents. When FTA considers necessary, FTA may review the
recipient's files and history pertaining to the dispute or experience under a
particular grant or cooperative agreement. If the recipient has already disbursed
amounts determined to be ineligible through subsequent audit or FTA review, the
recipient must return those amounts to FT A, unless FT A determines otherwise.
FT A reserves the right to defer participation in settlement costs until it receives an
adequate audit.
4. CLAIMS AND LITIGATION.
a. The Recipient's Role and Responsibilities. The Common Grant Rules charge the
recipient with responsibility for evaluating and resolving third party contract claims and
litigation resulting from a contractor's violation, default, or breach of its third party
contracts with recipients of Federal assistance. The recipient is also responsible for
resolving any claims and litigation the contractor may present against it. Due to FTA's
financial interest in the settlement of third party contract claims and litigation, and
Agenda Item NO.1 OG
June 22. 2010
Page 130 of 138
FTA C 4220. IF
11/01/2008
Rev. 04/14/2009
Page VII- 7
concerns about matters with significant policy consequences to the Federal
Government, FTA expects the recipient to:
(I) Notify FT A about Claims and Litigation. FT A expects the recipient to provide the
following information in connection with third party contract claims and litigation
with which it is involved.
(a) Subjects. A list of claims and litigation involving third party contracts and
potential third party contracts that:
1 Have a value exceeding $100,000,
J. Involve a controversial matter, irrespective of amount, or
1 Involve a highly publicized matter, irrespective of amount.
(b) Details. The following information about each claim or lawsuit:
1 A brief description of the claim or litigation,
J. The basis of disagreement, and
1 If open, how far the claim or litigation has proceeded, or
i If resolved, the decision or agreement reached, and
.2. Whether an appeal has been or is likely to be taken.
(c) When and Where. The recipient should provide this information:
1 In its next quarterly Milestone Progress Report, and
J. At its next Project Management Oversight review, if any.
Small recipients may report less frequently if no claims or litigation are
outstanding.
(d) FT A Officials to Notify. FT A also encourages the recipient to keep its FT A
project manager informed about claims and litigation with which it is
involved. In particular, the recipient should contact its project manager about
any unusual activity.
(2) Legal Rights and Remedies. In resolving third party contract claims, FT A expects
the recipient to take reasonable measures to pursue its rights and remedies
available under law, including settlement, particularly if failure to do so would
jeopardize the Federal interest in the project or cause the recipient to seek
additional Federal assistance.
Agenda Item NO.1 OG
June 22, 2010
Page 131 of 138
Page VII-8
FTAC4220.1F
1110112008
Rev. 04/14/2009
b. FT A's Role and Responsibilities. In support of its financial interest in the settlement of
claims and litigation involving any federally assisted third party contracts, FT A has
retained its discretion to assert the following rights:
(I) Proceeds Recovered. FTA retains a right to a share of any net proceeds recovered
through a third party contract claim or litigation, in proportion to the amount FT A
has committed to the project, unless FT A permits other uses of the proceeds
recovered.
(2) Liquidated Damaees.lfthe third party contract includes a liquidated damages
provision, FTA expects the recipient to credit any liquidated damages recovered to
the project, unless FTA permits other uses of the liquidated damages. For
example, in negotiating the terms of a claim or litigation settlement, it may be
reasonable for the recipient to exchange some or all liquidated damages that may
be due the recipient for additional property or services.
5. FTAPARTICIPATION IN SETTLEMENTS. ARBITRATION AWARDS, AND COURT
AWARDS.
a. The Recipient's Responsibilities.
(I) Settlement Arrangements Must Be Reasonable. FT A recognizes that a settlement
may require the recipient to relinquish its rights to amounts it would otherwise be
due, including amounts for liquidated damages and other matters, were it to prevail
on all matters at issue. Still, FT A expects the recipient to enter into a settlement
only if the recipient can justifY its terms as reasonable. Reasonable settlement
arrangements can take many forms. In certain situations, an agreement by the
contractor to provide extra property or services in lieu of payments or reduced
payments for damages, including liquidated damages, may be reasonable.
(2) Maintain Sufficient Records. To justifY FTA's participation in settlements,
arbitration awards, or court awards, the recipient's records must be sufficient to
demonstrate that the recipient has taken reasonable and prudent measures to
prevent or offset the actions or circumstances resulting in the underlying protest,
dispute, claim, or litigation.
(3) Obtain FT A Concurrence. When the recipient incurs costs due to binding
arbitration or court decision, FT A expects the recipient to secure FT A review and
its written concurrence in a proposed or final settlement involving a dispute, claim,
or litigation before using Federal assistance to support its costs if one of the
following circumstances is present:
(a) More Than $100.000. When the settlement exceeds $100,000.
(b) Insufficient Funds. When the approved project lacks sufficient funds to cover
the settlement costs.
Agenda Item No. 10G
June 22,2010
Page 132 of 138
FTA C 4220.lF
11/01/2008
Rev. 04/14/2009
Page VII-9
(c)
Special Federal Interest or Federal Concern. When a special Federal interest
or Federal concern is declared due to program management concerns, possible
mismanagement, impropriety, waste, or fraud.
b. FTA's Prerogatives.
(I) Review Supportine: Documentation. FT A reserves the right to review the
recipient's supporting documentation.
(2) Provide Federal Assistance. If FT A assistance is available, FT A may provide a
prorated share of any eligible costs resulting from protests, disputes, claims,
litigation, or settlements that were not caused by the recipient's mismanagement or
are attributable to the contractor, and were otherwise properly incurred.
(3) Denv Federal Assistance. Protests, disputes, claims, litigation, or settlements that
result from the recipient's negligence or error are usually ineligible for FTA
participation. FT A reserves the right to determine the extent to which FT A
assistance may be used for any dispute, claim, litigation, or settlement caused in
whole or part by the recipient's negligence or error. Examples of situations that
might be caused by a recipient's negligence or error include, but are not limited to,
the following:
(a) Right-of-Wav. Failure to ensure clear access to all needed right-of-way prior
to award of the construction contract.
(b) Utility Agreements. Failure to execute all required utility agreements in time
to assure uninterrupted construction progress.
(c) Plannine: and Scheduling. Failure to undertake comprehensive project
planning and scheduling to achieve proper coordination among contractors.
(d) Subsurface Conditions. Failure to inform potential contractors of all available
geo-technical information on subsurface conditions.
(e) Materials Compatibility. Failure to ensure that all materials provided by the
recipient are compatible with contractor project facilities or equipment or both
and available when needed.
(I) Pre-Construction Survevs and Engineering. Failure to complete all pre-
construction surveys and engineering prior to issuing the contractor a Notice
to Proceed.
(g) Public Authority Approvals. Failure to complete the necessary approvals and
agreements from all other public authorities affected by the project before
contract award.
Page VII-I 0
Agenda Item No. 10G
June 22,2010
Page 133 of 138
FTA C 4220.1F
11/01/2008
Rev. 04/14/2009
(h) Drawing Approvals. Failure by the recipient to approve and provide all design
and shop drawings to the contractor promptly as needed.
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Agenda Item No. 10G
June 22, 2010
Page 134 of 138
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AdrTinlslr.lItv SeMces DivisIon
Putchasing
Agenda Item No.1 OG
m f\.~~ .Juneti12.lIW10
II Ie. ~~138
D(e~vrt-~ Cf\U
Attendance Sheet
Selection Committee Meeting
Vendor Sign-in
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Date: April 28, 2010
RFP # and Name: RFP 10-5455, Mgt Services for CAT Fixed and Para transit Routes
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G/AcquistionsrrechF ormsandletters/SelectionCommitleeMeetingSigninSheet
Revised: 4/12110
eo&CAnmty
............ --
- --
Adrrin!slr.Iliv SeMces Divis10n
Purdlasing
Agenda Item No.1 OG
Jun':'i~~ 2010
N0J0.!Y\I\t;RJ~f 138
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Attendance Sheet
Selection Committee Meeting
Vendor Sign-in
Date: April 28, 2010
RFP # and Name: RFP 10-5455, Mgt Services for CAT Fixed and Paratransit Routes
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AdrrinislralNe SeM::es Division
Pun:hasing
Agenda Item No.1 OG
June 22, 2010
{r\\J 137 of 138
Attendance Sheet
Selection Committee Meeting
Vendor Sign-in
Date: April 28, 2010
RFP # and Name: RFP 10-5455, Mgt Services for CAT Fixed and Paratransit Routes
d/l..... 1/ PLEASE PRINT _
Name: nM7C-L..rz>J ~r;M~..J? Name: fj;>;;JVM J. F~A//tA/De2.
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G/AcquistionsffechFormsandletters/SefectionCommitfeeMeetingSigninSheet
Revised: 4/12/10
Agenda Item No.1 OG
June 22, 2010
Page 138 of 138
~Cmmty
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Adni1isbaIive Selvic:es Division
Pun::na$ing
Date: April 28, 2010
Attendance Sheet
Selection Committee Meeting
Collier County Department Sign-in
RFP # and Name: RFP 10-5455, Mgt Services for CAT Fixed and Paratransit Routes
G/AcquistionslT echFormsandletterslSelectionCommitteeMeetingSigninSheet
Revised: 4/12/10