Agenda 11/14/2017 Item #16D2711/14/2017
EXECUTIVE SUMMARY
Recommendation to consider a request to waive Performance Measures penalties assessed to
Medical Transportation Management, Inc. (MTM) and MV Transportation, Inc. (MV) in
accordance with Agreement # 15-6424 for Management Services Contract for the Collier Area
Transit (CAT) Fixed Route and Paratransit Program.
OBJECTIVE: To achieve a high standard of performance from the vendors providing service to the
Public Transit system.
CONSIDERATIONS: On November 15, 2015, the Board of County Commissioners entered into
contracts with MTM to provide Scheduling and Dispatching services for the Collier Area Transit (CAT)
and with MV to provide operations for the CAT system. The contract services commenced on March 26,
2016. Both contracts included Performance Standards to maximize productivity and to provide a quality
service delivery to CAT patrons. As part of the commitment, all parties agreed that incentives would be
awarded for high achievement and disincentives imposed for substandard performan ce. The standards
were included in the contract and no requests were made to adjust any of the defined standards in the
Agreement.
Staff has been monitoring the performance standards for each vendor and reviewed the outcome with the
then General Managers on a regular basis. In August 2017, the Public Transit & Neighborhood
Enhancement (PTNE) Division Director sent MTM and MV letters with the performance reports
reviewed for the period of April 1, 2016 through March 31, 2017. The following possible outstanding
penalties were identified as a result of the performance during that period.
Vendor April 2016 - September 2016
First Six-Months
October 2016 - March 2017
Second Six-Months
Net Amount
Incentive Disincentive Incentive Disincentive
MTM $0 $24,000 $250 $23,000 $46,750
MV $9,250 $20,500 $12,500 $19,000 $17,250
On September 7, 2017, MTM responded with payment of $22,750, which represented payment for the
second six-months of service and a request to forgive the first six-months of penalties in the amount of
$24,000 due to the significant delay on the part of the County to assess the penalties. MTM also stated
that the penalties are purely punitive because none of the metrics on which the penalties are based have
ever been achieved. Staff contends that just because the factors have not been achieved by MTM, it is not
justification that they are not achievable. As subject matter experts, it is MTM’s responsibility to
demonstrate efforts were made to achieve these standards but they have not been successful. When such
information is provided showing that notwithstanding its efforts to adjust and meet the specified metrics
they were unable to do so, staff is willing to make adjustments accordingly. To date, those steps have not
been made by MTM. Staff supports foregoing the $24,000 performance penalty (without waiving the
right to seek future reimbursement) provided improvements in MTM’s performance is achieved for the
six-month period from October 1, 2017 through March 31, 2018. If no improvement is made during that
period then the $24,000 performance penalty will be assessed following March 31, 2018.
On September 26, 2017, MV responded to PTNE with a request to forgive all performance penalties
because it believes some of the fixed route metrics are out of their control and they would like to receive
the assessments sooner to allow them to work with staff to make necessary adjustments to minimize the
penalties and address the service quality to the passenger. Staff provided a response to MV including
information where the performance measures were reviewed timely, yet no adjustments were made to
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11/14/2017
improve the performance. Staff does not believe MV demonstrated that it made an effort to meet the
performance measures to warrant waiving all penalties. However, for consistency among both vendors,
staff supports foregoing the first 6-months performance penalties of $10,750 (without waiving the right to
seek future reimbursement) provided MV pays $6,500 for penalties incurred during the period of October
1, 2016 through March 31, 2017 and improvements in MV’s performance is achieved for the 6 -month
period from October 1, 2017 through March 31, 2018. If no improvement is made then during that period
then the $10,750 performance penalty will be assessed following March 31, 2018. On November 8, 2017,
staff received confirmation that MV wired payment for the $6,500 to the County as a good faith effort
towards staff's recommendation.
FISCAL IMPACT: Acceptance of the payment will increase revenue for CAT funds 426 and 4 27 by a
minimum of $29,250 or a maximum of $64,000. Waiving the penalties requested will result in a revenue
potential loss to CAT funds 426 and 427.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATIONS:
1. To accept MTM's payment of $22,750 for penalties incurred during the period of October 1, 2016
through March 31, 2017 and hold the penalty in the amount of $24,000 for MTM in abeyance
pending improved performance for the period of October 1, 2017 through March 31, 2018; lack
of improvement will result in an invoice requesting payment from MTM for that amount.
2. To accept MV's payment of $6,500 for penalties incurred during the period of October 1, 2016
through March 31, 2017 and hold the penalty in the amount of $10,750 in abeyance pending
improved performance for the period of October 1, 2017 through March 31, 2018; lack of
improvement will result in an invoice requesting payment from MV for that latter amount.
Prepared by: Michelle Arnold, PTNE Division Director, Public Transit & Neighborhood Enhancement
Division
ATTACHMENT(S)
1. MTM Performance Measures backup documents (PDF)
2. MV Performance Measures backup documents (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.27
Doc ID: 4047
Item Summary: Recommendation to consider a request to waive Performance Measures penalties
assessed to Medical Transportation Management (MTM), Inc. and MV Transportation, Inc. in accordance
with Agreement # 15-6424 for Management Services Contract for the Collier Area Transit (CAT) Fixed
Route and Paratransit Program.
Meeting Date: 11/14/2017
Prepared by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
10/23/2017 1:54 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
10/23/2017 1:54 PM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Matthew Liveringhouse Additional Reviewer Completed 10/23/2017 2:38 PM
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 10/23/2017 3:13 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/25/2017 8:39 AM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/25/2017 12:38 PM
Grants Kimberly Lingar Level 2 Grants Review Completed 10/25/2017 12:52 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/27/2017 4:10 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/30/2017 11:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/30/2017 11:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/30/2017 1:59 PM
Grants Therese Stanley Additional Reviewer Completed 11/01/2017 5:04 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/08/2017 4:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
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Packet Pg. 1581 Attachment: MTM Performance Measures backup documents (4047 : Transit Vendor Performance Measures)
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Packet Pg. 1587 Attachment: MTM Performance Measures backup documents (4047 : Transit Vendor Performance
Via Federal Express
September 7, 20 17
Michelle Arnold , Director
Co lli er County Public Services Department
Public Transit & Neighborhood Enhancement Divi s ion
3299 Tamiami Trail E, S uite I 03
Naples, F lorida 34 11 2-5746
RE: MTM Performance Measures
Dear M s. Arnold:
This letter is in response to your August 11 , 201 7 letter in which you notified Med ical Transportatio n Management,
Inc. ("MTM") of Colli er County ("County")'s d ecision to assess a total of $46,750 in di s incentive penalties against
MTM for perfonnance-related iss ues dating back to 20 16. Specifically, you h ave requested MTM pay $24,000 in
di s inc entive penalties for the first six (6) months of service in 2016 (January I , 20 16 to June 30, 20 16) and $23,000
for the second s ix (6) months (July 1, 2016 to December 31, 20 16), minus $25 0 in in centive pay.
MTM agr ees to pay the County the $22,750 in disincentive penalties res ulting from performance-related issues for
the second s ix month period of2016 (Jul y I , 20 16 to December 31, 20 16) referenced herein (c heck enclo sed).
MTM, however , contends that it should not be re spon s ible for th ose disincentive penalties assessed due to
performance issues that occurred over a year ago. It ought to be incumbent on the County to assess pe nalties within
a reasonable timeframe following each s ix (6) month performance review period . Assessi n g any s uch penalties more
than a year after the fact creates uncertainty within th e relationship between the Coun ty and MTM and prevents
MTM from addressing performance issue s in a timely manner.
Furthe r, because of the sig nificant delay in the County's assessment of these penalties and th e fact that none of the
m etrics on wh ic h these penalties are based have ever bee n ach ieved, MTM cons iders the pe nalties purely punitive in
nature. It is evident that the Coun ty has neglected to enforce its own rider guide polici es for some tim e , as drivers
continue to wait excessive times for passengers and escort passengers in to facilitie s, often increasing th e time spent
on each trip. These practices adver sely impact metrics relatin g to passengers per hour and on time pe rforn1ance. It is
inappropriate and unfair for th e County to levy disincentive penalties against MTM for metric s th at MTM cannot
possibly meet du e to ongoing and pervas ive driver practices that have gone unchecked b y the County for years.
Accordingly, MTM will not pay the County the $24,000 in di s incentive penalties associated with performance
deficiencies dating back to January l, 20 16 to June 30, 2016. Shou ld yo u have any questions or wi sh to di scus s this
matter furth er , pl ease contact Terry Thompson at 804-305-7458.
Thank yo u for your attent ion to th is matter.
ill enne
Staff Cou11sel
Ph: 636.695.5520 I Fax : 636.561 .2962
16 Hawk Ridge Drive, Lake Saint Louis, MO 63367
l 6 Hawk Ridge Drive I Lake Saint Lou is, MO 63367 I phone 888.409.6879 I fax 636.561.2962 I www.rid e-righ t .net
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Packet Pg. 1588 Attachment: MTM Performance Measures backup documents (4047 : Transit Vendor Performance Measures)
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Packet Pg. 1594 Attachment: MV Performance Measures backup documents (4047 : Transit Vendor Performance Measures)
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Packet Pg. 1595 Attachment: MV Performance Measures backup documents (4047 : Transit Vendor Performance Measures)
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2711 N HASKELL AVE | SUITE 1500 | DALLAS, TX 75204
September 26, 2017
Michelle Arnold, PTNE Division, Director
3299 Tamiami Tr. E Ste 103
Naples, FL 34112
Re: MV response to liquidated damage letter from Collier County
Dear Mrs. Arnold:
After review of your letter dated Aug 11, 2017, we would like you to consider waiving the LD’s
for the period April 2016 to March 2016. In reviewing the LD’s assessed, we believe some of
the fixed route LD’s assessed are out of our control. For example, $12,000 was assessed for fixed
route total number of passenger trips per revenue hour. Secondly, $12,000 was assessed for
fixed route on time performance. It’s very difficult to control the number of passengers riding
the fixed route service.
Furthermore, we would like to receive the assessments sooner than a year out so we work with
you to make necessary adjustments to service so the LD’s could be minimized and most
importantly address the service quality to the passenger. In addition, we agree any incentive we
receive should go to employees but that should only be after the disincentive is applied as well.
Finally, our request is to wave the $24,000 in LD’s as outlined above. We value our partnership
with Collier County and agree incentives and disincentives are important. If you would like to
discuss this further, please let me know.
Sincerely,
Russell J. Tieskoetter
Senior Vice President of Operations
MV Transportation, INC.
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Packet Pg. 1602 Attachment: MV Performance Measures backup documents (4047 : Transit Vendor Performance Measures)
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