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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 Page 11 of 11 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 ", , 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: . . . . . . . . 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. . . . . . . . . . . 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 . 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. . . . . . . . . . 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. ') . . . . . . . . . . . . . . . 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 . 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. . . . . . . . . . . . . . . . . Collier County Board oE County Commissioners Tab 2: PIons and Procedures Page 29 I i I ;mf:VmlflhJ irnml! IIHucillffS, lilL. --' --.:J ~ 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 . . 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 . 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 . . 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 ca~AANS" - ,., 1'1 . ---,""'-..,.. . """",,'---'~I_,,, . ,- ,. couat_~~~_ _c....,_fIIr:_ c.....c:_...-....-....- ~c.......... '--.-.........-..~ t_c-.. .... --- ,-- ...~... -'- ,., ------.-.--,,.... -- ." - PJ''''''' -1 CoUierCounty Board of County Commissioners Tab 2: Plans and Procedures -- I I I I .- --- '" I I Ly=:j -- -- -- '" ,. "' --- 1m=:= -,- ,,--.......--.... CAr.~.A. --.... SIl' -- -. -,- .. 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 . ]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. I . 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 'j -' - -- ] j'aillillo Pf()lTI'Il1Jl ("'J (") _ ) (" 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 , . 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: . 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 . . . . . . . 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 . . . . . 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 . . 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 - -- - ~ I . 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: . !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 Previous List Next List Fictitious Name Search [ Stl"l!iitJ '., ,o;.~~ . M',,- Fictitious Name List 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 ----- Previous List l'!!2.l<!.L.ifi! -------..'."----, Fictitious Name Search I sUl:>ml.tl I Home I Contact us I Document Searches j E-Flling Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/ficregl.exe?action=REGPRE&docnum=G 10000017694 5/26/2010 www,sunbiz.org - Department of State Agenda fti!lWtloO~ eG June 22, 2010 Page 91 of 138 previous List Next List Fictitious Name Search Ic,~J!b.I}i~ Fictitious Name List Fictitious Name Address City State County 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~ Pre.Yious List Next List Fictitious Name Search I ,S\!P~I<4 I Home I Contact us I Document Searches I E-Flllng Services I Forms I Help I Copyright and Privacy PoliCies Copyright @ 2007 State of Florida, Department of State. lttp://www.sunbiz.org/scripts/ficregLexe?action=REGNXT &docnum=G053 I 8900 113 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 lJ_SIot...._c.... Soulbem Diltrict ofTexat _L....'~Mld<lkt. _...'" IllIho "_ (1001??1o........"",..._ Madt McE1IIOM 'LooI _......... T_" I.D. (ItlI<) H.JQnpIIlOIlIN 'l~"'''''''.'''t. DMr _StJm.City.udSlllct. 130S F_r Lane Humble. TX (lJlIIIl'Ol(l.oot.'.... -t. All _ Doblarla"lul1_ (iod...notI",_III4_-->= v.........J'dIlIo. "'fillIrdlaill ....8oc..1_.T_'.D,(I'IIIl)~1lIll (N'mOf01hm..........d1): $..,A_orJo ..-(1<0. ......... CiIr.ud_): 'CODB COOl! ..,............ellhI.dnol,.I.~ flfBUlinoa: olin;.... __t. c....qor__.. ... Mliaa:A4dru llf8_ ---t. COOl! ~<<,,,..,.._or__(lI_ ---t. "lJpo.,- (Ponoorap,_) (CbocI:...1m~ Ii' 1nd_~loKDobIonl .... _ D.._ J ofllm.r-o. [J CllrpanliaoI.........u.cOllllW) D -... Cl Odlct 0'..... ill... aM 01"111...\0" aUlica. _""......._..,..or.....,.bdono~ Jrta1lN If JNeI... 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See Of8cial Form 38. ayc...n _ Qatdt "II: ..... o DoIllarb.....slb_do"""a._..I1U.s,C.IIOI(>ID~ [] Doblarb'.......n....-d_.._..U U.s,C.'IOI(SID~ ~1Il [] 1ldltor.._...-u.....liqllldolO<l_I.........__.. _'''III1.....)..........S2.'90'000. CIIltf:kal.IP""* __I o A pi.. I. boInsllk4 wIlh lOb pootIdoa. o .w,1 ..or1hcpl....IOIWtedFftllllllilIon,tnw...otIOONO.... .r In w.tthllUAC;fil1 'l'IIII".uaalftJJt. aJUII___ """"",,,,__,._lln ~ DdlIiIt dtlll\llcllNt ftntl will b& lnlllbls for dial"bvt.iDn to \IMClCUtCd creditor&. DelatItiJMleS:lMt.* tl'l)'c.empl~ lse$C.I.w.lftCl.dmlnbnliv.~ pI'd.thwt wtll _DO llmdI..n.IlIafbt .......to~cnItk:d. . ..........er.uIM [J CJ _ 10ll-1t9 o - o 1,000. ,,000 o 5,001- 10,000 o 10.001. ...... D 1$.001. 5l)poo [] 50,001. 1_ [] Owr 1- 0 " D D [J [J 0 D 0 0 .... _,.. SIDO,oo,. _,001 $1,000,1:1)1 .,o,ooo,oo, SSlJ.oOO,ODI SJoo.ooo.OOI lSOO,ooo,oOI M..._ ....... .,*","" -,000 ..SI ..$:ro ..SSO 10$100 ..- wSlbilllon SliA1Iion million minion mlIlion milJ;on 1'Il'ion - 0 CJ iii' 0 0 0 0 0 0 [J .... "-110 SrOO.QOllO 15??.oo1 SI.coa,O:U S10,oOO.QG' _001 "'0?,?oo.00' SSOO,ooo.oo1 .....- lSQ,DOO SlOOpoo SlOO,CIIIO 10$1 .SlO ..SIO lIO$fOO ..SlOO IOS1billlon. $1_ miUioa milliOD milll... ramioD mUb 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 'I I --.- _It .. ... A....... c.a RIal' Wbt. ._. I . NlA eo._ - -- - CawFiled _ PIIf'IlIIII' wA.IIIta..Ill'M 0Itdw ~... eo. _odd_ - '. N1A Soulhcm DiauiCl ofT.... Eo_A cro"'~ 1r.....nqLired 10 Nc periadi:cIqlOftl(q.. bms ItIC.... lOCll.......-.. -... 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'WIIicmc..... o "*"... ................ ,.......""4<1-'..... ........ 01'.., ""'.... -.w..................,. so..,. "",..._... ftu.ClrthliplltlJob. o D<bIoraonlr..'..U./......._...LonoIIool..;a~lhioaonln...lon.(l1 UJ.C, I 362(1)) 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 ~...,_l J =~ ., 'i[-..._IJJ.J.. ... ......h4ol..Do""'lO) ~'''Vltlol) _._or.,..... . ... 1__ """""';"" hi tho _....-.!...tbk....... 10_ '__pellIil,arl"'Jatyllw.lIw_pcovided.laohlopdJoolo.. ond ..... lIII_lIIotl............ "'".._...,.....,.....,...., 1It,-- 10...._ _ _... ............... _""" h. ......I.._..IlIo..bpolltloo. _1011Io_"-'71 1__~1_""""_~7.1I.1' (a..t..., _....., .. U Dttfde 11.. UnW SIIIks 0Ne."""""" 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JlN:I*"d craulskd __of4_10I..""", .._...Ihlo___lho1ooooluuploy................il..... in4h'k1ua1. Ti"of~Indtyw..J 1f_1II....._I"'P'""i..____.....u. - "'h......oftioialr-......,..-.on. A~__~........_,.",...._.....J,..J ...P_llw:'~~~...._.................. -4.- ... IIIJ.&C 'II IIJ. 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. Co13tCo~ ~ -- ~SeIvices IJivfslon PtJrdTaaIng O(esC?r\-~ ~~3 ~+\-~'\A-cla-J. :\1 .Q ().. ck cj\-.C'lLf Agenda Item No. 10G June 22, 2010 Page 134 of 138 "T~b\ ~'1\0 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 Name: /1.J).( J....01J+J- PLEASE PRINT 13' A ;;;;;;/ Name: 06.$\. It VaY( Company: 1:;-cl"'~;:; Address: 6!J 53 0, GL. ~ 842. 1-t4 Ff &JY City: h.:{ 1ht(Je..&S State: C.4 Zip: "liE> Lf:s Telephone: 57 3 - 3[3 Z - 5,828 FAX: 3J,tJ - 7'&1- "fso I Email: b~ U / l 116 rl(2ledrcN4J Ihe .c~ Company: ~~'lr--,,> Address: <-~75' tJ CJ 3~ ~~+ /oJ ".~ _ r:-I . ,- ) ,.1-( 'Z- City: }1'~ ~( FAX: Email: Nam~ ~tV II1c-ELH'&st; Company: 7G'~~.5. Address: 6(/ ~ 3- tv, 6.~-ke 'I g; t/c;( v ************************************************************ Name: Company: Address: City: Lo~ ,.4nq.v/r:.S State: Gfl Zip: 900(/0' Telephone: 4/LlJ- t./t/9- 3;;1;<'3 L/tf3- '-I~cf'''' r:, ';? 72 C71':J' f:/oo IZ City: State: Zip: Telephone: FAX: FAX: Email: j( /I1C{ft:#.!7Serff) zf~RA.1S/NC. c.oH( Email: G/AcquistionsfT echFormsandLetters/Serection [)c::; gSigninSheet Revised: 4/12/10 l'IW \'Z',((\J \ Z~ Co~~ - -- 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 ..- Date: April 28, 2010 RFP # and Name: RFP 10-5455, Mgt Services for CAT Fixed and Para transit Routes Name: PLEASE PRINT Name: ~~Company: Address: Address: ~ ~lTT ftl J) 0iJ/(LU TJ{,qwHT /I1fOUI/1t') . ;, 'h.w .f11V.tJt f/1::1-L 4/7 S Company: City: City: RM-r t.Jr;>rznf State, ~"",&... Zip, ~\\9 Stat" TV Zip' 7.IJ7 Til'ephone: (~) ~:;:;f~\() -\{~ Telephone: J-17, Z-3 2-. '7 sri . A: (~l~-~I FAX: cfn.2.-1L."1?(,D Email: \(Q ~,,^~~<2.~~(~f\N~'U.v.\(\ .<:.oII.v\Email: h b~bt H-@ 01dOYlJll-r~" t-. ~lK. ************************************************************ Name: C (LAos k ~ V-C lr S - 'Name: Company: QAT ! 11. C \) T Company: Address: S3CO (p bi o?oacf Address: City: \U A-P /"'.s State: .::\itS\..-: J ~ Zip: 2i-1 Iyf- TelePhone:-C23Q) SQ,;l-51C, 3 -(-Ft-1 x) . FAX: -f! '3 ~ ) S;q b - Tl 7] (U~(e ) Email: to.....(osvive.rc...@0!U(.....bW. ~e-+. City: State: Zip: Telephone: FAX: Email: 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 (~) 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 N,m. h71 PA1'\1' P lEA S "-:m~,1 NT R,J.,d Wel.a ~ <<- I. , Company: \-J~~\-~..&Sf()( vJT~ Company: .,U.....JfO-" Iv If:rc -t /l4"",<Po/l/J.-:!I.v Address:1B.~~ 9~'fBl.s ~)e Address: 3"(.1 p^"~""f'''''' 4(.(? City: A J.A-V )-<'5 fz- L- Zip: State: Telephone: 1-z,'j- - 2 '?f1- )30- 0/00 q3Y~ ?t..1( FAX: Email: &/..J.e.4j.(0j)oLP).lA..-In4.1..f..~4"/I......ca.11.\- Name: ompany: Address: Address: /Vtp Ie.~ ("1- Zip: 3'1/00 Telephone: (2CJ)V) -:;11'7-11020 'd. 3 <) --#3~ -e, (;;,7 8 Emai1: (....-(.o(0.6.;ctzJ;+S.c C)~ City: City: State: State: Zip: Telephone: FAX: FAX: Email: uq 5!? ,,\'1 ~'. \U.20 - lO..\{ \ G/Acquistionsrr echF rmsandLetters/SelectionCommitteeMeetingSi ninSheet Revise . 4/12/1 0 Co~~ - . - 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. , Company: M V 1 ~AtJ'Sf"o<<lRi7oAJ Company: M 1/ ~p/2:TIt77'D11J Address: :::3/...0 L?AItIPUS L,.;. Address: /bP2P 18enr /JIJ~ D.e~v~ 5TlZ. wi City: lii~,:F I ~Lh State: L!.A City: f:)r t..A-UlJ'O State: FL Zip: 32&722- Telephone: 0(:,/- {,g,f'- (PO/I:, Zip: q 453+: Telephone: 707-~t...3-~q~o 'M: FAX: Email: 1f<e..~+-€Ya ,IIUrrY't<<A 51'1. COM Email: b fUntJKddl- (2 I1fvfttiH~d". t!otl Name: ~;d Vfin/l!?/'1 Company: .MV $an"}b'r.::>rr.,7r!,.&n Address: 3bCJ t":;;J~/J//.:f /~n"" ~t'~ :7"p/ City: ';:::;,;.rCd"?/ State: a Zip: 9/.,3y .. Telephone: ;/o'?.R6J3'. /5./9 FAX: ;?7-RL?'.P;?2,~ Email: r.a/htX~/7~..dZVb~ntircJ.1A:7 ************************************************************ Name: Company: Address: .. City: State: Zip: Telephone: FAX: Email: ~O'.~ -(I;'20/I\:z4t.f~ G/AcquistionsffechFormsandletters/SefectionCommitfeeMeetingSigninSheet Revised: 4/12/10 Agenda Item No.1 OG June 22, 2010 Page 138 of 138 ~Cmmty ~--.. -...... Adni1isbaIive Selvic:es Division Pun::na$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