FINAL Request for Proposal - Paratransit Service 2022-2024 (003).docx

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION NUMBER: QE-21-5 Maritime Metro Transit Paratransit

THE ENCLOSED SOLICITATION COVERS THE PERIOD: 1 January 2022 THRU 31 December 2024 with the option to extend annually through 31 December 2026

CONTACT INFORMATION FOR PROCUREMENT ADMINISTRATOR:

Kara Ottum, Transit Manager, City of Manitowoc - City Hall

PARA TRANSIT SERVICES TO BE PURCHASED:

Complimentary City ADA

POINT OF CONTACT FOR INFORMATION (Name & Tel. No.):

Kara Ottum, Transit Manager

Request for Proposal (RFP) Schedule of Events

9 September 2021 RFP issued. Documents available on bid distribution web site, www.vendornet.com

23 September 2021 Question and Answer: Requests for clarification or approved equal must be submitted in writing and are due 23 September 2021

Submit five (5) complete sets of documents, one original and 4 copies.

Only one cost proposal is required and shall be sealed in a separate envelope and included with the original copy.

Transit Manager, City of Manitowoc City of Manitowoc Engineering Dept.

900 Quay Street, Manitowoc, WI 54220

RFP# QE-21-5 (Maritime Metro Transit Paratransit Service)

Email: kottum@manitowoc.org

Although every effort will be made to follow this schedule, the City reserves the right to modify the dates as necessary and to accommodate special circumstances. All RFP's are due by the time specified. Any RFP received at the designated location after the required time and date specified for receipt shall be considered late and will be rejected.

2017 - 2019 Maritime Metro Transit Paratransit RFP

SECTION I - INTRODUCTION TO PROPOSERS

1.1 INTRODUCTION

The City of Manitowoc is issuing this Request for Proposals (herein referred to as RFP) to select a private firm to provide transportation services to the elderly and disabled in Manitowoc County in order to meet its obligations under the provisions specified under the Older Americans Act (herein also referred to as the "ACT"), Section 85.21 of the Wisconsin State Statutes, and the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and implementing regulations (herein also referred to as "ADA”))

Special Notification Requirements for States. This procurement is subsidized with state and federal transit operating funds. Federal grant monies annually ($1,963,356) fund this contract, in whole or in part (Section 5311 – CFDA 20.509). Applicable Federal clauses are set forth in Appendix D of the solicitation.

The reason for this RFP is to provide services for Maritime Metro Transit and the Manitowoc County Aging and Disability Resource Center. The Americans with Disabilities Act provides for complementary paratransit services to persons with disabilities that are unable to use fixed route transportation services. The ACT requires each aging unit to provide services that encourage and assist elderly and disabled to use the facilities and resources available to them so that individuals can live independently in a home environment.

The award of this contract will be made to the firm with the highest scoring proposal. The service to be provided must be of consistently high quality, and meet the requirements of Wisconsin Statute 85.21 as well as the Americans with Disabilities Act of 1990.

The CITY OF MANITOWOC may hereinafter be referred to as the "CITY” or "MARITIME METRO TRANSIT”, the Manitowoc County Aging and Disability Resource Center or Manitowoc County is hereinafter referred to as the "COUNTY” and the responding firm is hereinafter referred to as the "PROVIDER”.

1.2 CITY/COUNTY PERFORMANCE OBJECTIVE

The goal of the CITY and COUNTY is to solicit a plan that will allow both entities to provide high quality service while being efficient and effective to operate. The PROVIDER must implement, to the maximum extent possible, any cost savings measures that will not compromise the service. Examples include but are not limited to: recommendations for routes and schedules to enhance service and performance, better utilization of existing services (i.e. transfers to and from the fixed route service, combine elderly and ambulatory ADA eligible services), realization of efficiencies by the use of different vehicles for elderly and ambulatory persons (i.e. use of the bus when possible), and provision of discounts for multi-person rides. Further, the CITY and COUNTY are interested in expanding and improving transportation services available to rural Manitowoc County residents.

1.3 GENERAL INFORMATION

MARITIME METRO TRANSIT is a public transit system owned and operated by the CITY. MARITIME METRO TRANSIT contracts with the City of Two Rivers for both fixed route and ADA paratransit services. The combined population of these two cities is approximately 44,000 and provides approximately 6,800 annual paratransit trips within the municipal limits of the two cities.

The Aging and Disability Resource Center (ADRC) is an agency of Manitowoc County responsible for providing transportation services to the elderly and disabled throughout Manitowoc County. The population of Manitowoc County is approximately 79,000. The COUNTY currently provides approximately 25,000 trips annually through their transportation programs. Approximately 10 % of these trips are non-ambulatory and 90 % are ambulatory. These services are contracted for through Maritime Metro Transit and the CITY.

1.4 DEFINITIONS (As used in this Request for Proposals)

1. Aging and Disability Resource Center. The Aging and Disability Resource Center (ADRC) is an agency of Manitowoc County responsible for providing transportation services to the elderly and disabled in Manitowoc County.

2. Americans with Disabilities Act of 1990 (ADA). The term "Americans with Disabilities Act" or ADA means the code enacted by the United States Congress as Public Law Number 101-336.

3. ADA Eligible. ADA eligible refers to those persons certified to receive complementary paratransit services as provided for under the Americans with Disability Act.

4. Contract. The term "Contract" means the agreement to be entered into by the CITY and the successful Proposer for the desirables of services described in this RFP.

5. Contract Services. The Term "Contract Services" means the provision of transportation and related services by the Provider under the terms of this Contract.

6. Days. The term "days" means business days recognized by the CITY.

7. Dispatch. The term "Dispatch" means the function of assigning revenue vehicles and vehicle operators to cover scheduled trips.

8. Elderly. Individuals who are sixty (65) years of age and older and have no other means of transportation.

9. Federal Transit Administration (FTA). The term "Federal Transit Administration" or "FTA" means the Federal Transit Administration of the United States Department of Transportation or its successor entity.

10. Maritime Metro Transit (MMT). MARITIME METRO TRANSIT is a division of the CITY and the operator of the public transit system of Manitowoc, Wisconsin. For the purposes of this agreement, MARITIME METRO TRANSIT (MMT) will be synonymous with the CITY or "CITY". Whenever the Contract specifies any action relating to the supervision, coordination, direction, control, and approval of the work performed by the PROVIDER, such actions shall be carried out by the MARITIME METRO TRANSIT supervisor or his/her designee(s).

11. Interested Party. The term "Interested Party" means any person (1) who is an actual or prospective proposer in the procurement involved; and (2) whose direct economic interest would be affected by the award of the Contract or by a failure to award the Contract.

12. Non-ADA. Rural individuals who are not able to ride in a regular passenger vehicle because of a physical and/or mental disability.

13. Older Americans Act. The Older Americans Act was enacted in 1965 to promote the independence and dignity of older persons.

14. Paratransit Services. The term "Paratransit Services" means comparable transportation service required by the Americans with Disabilities Act for individuals with disabilities who are unable to use fixed route transportation systems.

15. Proposal. The term "proposal" refers to a written document submitted by a proposer in response to this Request for Proposals (RFP).

16. Prospective Proposer. The term "Prospective Proposer" shall refer to any person who takes one or more of the following actions: (1) receives the RFP by direct mail; (2) attends the pre-proposal meeting and registers as an attendee; or (3) registers with the CITY as a prospective proposer.

17. Provider. The term "PROVIDER" means the individual, firm, company, corporation, partnership, or association executing the Contract as an entity providing the scope of services specified in this RFP.

18. Public Infrastructure Committee. The term refers to the CITY Public Infrastructure Committee that makes a recommendation to the Common Council, which is the governmental body that oversees the operations of the MARITIME METRO TRANSIT System.

19. RFP. The term "RFP" means this Request for Proposals.

20. Revenue Service. The term "revenue service" means the operation of a Revenue Vehicle to provide services as specified in the Contract.

21. Revenue Vehicle. The term "revenue vehicle" means any vehicle utilized to provide services to eligible passengers under the programs described within the scope of services in this RFP.

22. Rural Paratransit. Rural individuals who are not able to ride in a regular passenger vehicle because of a physical and/or mental disability.

23. Solicitation. The term "solicitation" means an Invitation to Bid, RFP, or other form of document used to procure services.

24. Trip. The term “trip” means the one-way movement of an eligible passenger from that passenger's origin to his or her destination.

1.5 GENERAL PROPOSAL CONDITIONS

Responses to the RFP shall be made according to the specifications and instructions contained herein. Failure to adhere to instructions may be cause for rejection of any proposal.

Proposers understand and agree that submission of a proposal will constitute acknowledgment and acceptance of, and a willingness to comply with, all the terms, conditions and criteria contained in this RFP, except as otherwise specified in the proposal. This RFP as well as any and all parts of the submitted proposal shall become part of any subsequent contract between the selected paratransit service PROVIDER and the CITY.

False, incomplete, or unresponsive statements in connection with a proposal may be sufficient cause for rejection of the proposal. The evaluation and determination of the fulfillment of the above requirement will be the CITYs’ responsibility and its judgment shall be final.

1.6 SUBMISSION OF PROPOSALS

A) Proposals in response to this RFP shall be considered received at the time actually received by the addressee or designated agent. All proposals and other communications should be addressed to the CITY, as follows:

Kara Ottum, Transit Manager City of Manitowoc Engineering Department 900 Quay Street Manitowoc, WI 54220 kottum@manitowoc.org

B) Proposals, consisting of one unbound original and four (4) copies must be received by MARITIME METRO TRANSIT at its office listed above by 3:30 PM Central Daylight Time, on 11 October 2021.

C) Proposals received after this specified date and time shall be considered late and will be rejected.

D) Proposals shall be submitted in the form specified within this RFP. All proposal packages must be sealed and clearly labeled with the name of the proposer and the title of this RFP (QE-21-5 Maritime Metro Transit Paratransit)). Submit five (5) complete sets of documents. Clearly mark one (1) set as "Original" and the other four (4) sets as "Copies." Cost proposal shall be enclosed in an additional separately sealed envelope and be marked as "Cost Proposal." The cost proposal shall only be included with the set of documents marked "Original."

1.7 CLARIFICATION AND AMENDMENT PROCESS

Proposers are required to raise any questions, noted errors, discrepancies, ambiguities, exceptions, additions, or deficiencies they have concerning this proposal in writing through e-mail by 23 September 2021 to:

Kara Ottum, Transit Manager Email: kottum@manitowoc.org

The clarification and/or revisions process of this RFP process is provided and intended to be used during the solicitation stage. Any revisions to this request for proposal will be made only by an official written amendment issued by Maritime Metro Transit. The CITY's responses will be posted on VendorNet no later than 28 September 2021. Proposers shall acknowledge receipt of addenda by written notice thereof returned to the CITY as a component of the proposal. Without acknowledgement of addenda, proposals may not be considered. The CITY is not bound by any oral interpretations, clarifications, or changes made to this RFP by any CITY employee. Any clarification or change to the RFP must be provided in writing pursuant to this section.

1.8 TERM OF CONTRACT

The term of the Contract shall be for a period of three (3) years from the start of service. Service shall begin on 1 January 2022 and expire 31 December 2024.

The CITY shall have the option to extend the contract for two (2) additional one (1) year periods, as measured from the date of service startup, commencing respectively the day after year three (3) of the contract and the day after the end of option year 1 of the contract (commencing on 1 January 2025, and the day after option year 1 of the contract). The CITY shall determine if it will exercise option years on the Contract. The determination will be based on analysis of the PROVIDER's service performance and cost as originally submitted in the proposal. The CITY shall provide the PROVIDER with notice of its intent to exercise an option at least ninety (90) days before the end of the contract year then in effect and shall exercise the option by the end of the contract year then in effect.

Should the CITY and the PROVIDER not agree to the terms of a contract extension, the CITY will go out for proposals for the service with the expectation that the service will continue uninterrupted at the lapse of the agreement until a new PROVIDER is acquired.

1.9 INCURRING COSTS AND RESERVE RIGHT TO CANCEL

MARITIME METRO TRANSIT will not be responsible for any expenses incurred by any vendor in the development of a response to this RFP, including any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to the City and/or its representatives. Further, Maritime Metro Transit shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended vendor.·

1.10 PROPOSAL REJECTION

MARITIME METRO TRANSIT reserves the right in its discretion to accept or reject any and all proposals submitted in response to the RFP, or refuse to enter into any contract resulting from any proposal submitted, without expense to Maritime Metro Transit. Proposals received that do not comply with the expressed conditions of this RFP may be considered as non-responsive.

1.11 PROPOSAL WITHDRAWAL

The proposer's authorized representative may, prior to the date and time set as the deadline for receipt of proposals, modify or withdraw a proposal in person or by written or electronic notice. If proposals are modified or withdrawn in person, the authorized representative shall make his or her identity known and shall sign a receipt for the proposal. Written or electronic notices shall be received in MARITIME METRO TRANSIT's offices, at the address listed in Section 1.06, no later than the date scheduled as the proposal receipt deadline.

1.12 ACCEPTANCE OF PROPOSALS

Each proposal shall be submitted with the understanding that it is subject to the evaluation procedure set forth in this RFP, and to negotiation at the option of MARITIME METRO TRANSIT. All vendors who respond to this RFP will be notified in writing of the intent to award a contract(s) as a result of selection process described in this RFP. After notification of the intent to award is made, under the supervision of the procurement administrator, copies of proposals will be available for public inspection as determined by Wisconsin open records law.

Upon acceptance in writing by MARITIME METRO TRANSIT of the final offer to furnish any and all of the services described herein, the parties shall promptly execute the final contract documents. The written contract shall bind the proposer to furnish and deliver at the price proposed and in accordance with conditions of said accepted proposal and this RFP, as negotiated. MARITIME METRO TRANSIT reserves the right to make the award under this RFP based upon the initial proposals submitted.

1.13 CONTRACT DOCUMENTATION

Any contract resulting from this solicitation shall contain the terms and conditions included in this RFP, any addenda to the RFP, and the successful proposal.

1.14 SINGLE PROPOSAL RESPONSE

If only one proposal is received in response to this RFP, information may be requested from the proposer to enable MARITIME METRO TRANSIT to perform a cost/price analysis and evaluation and audit in order to determine if the price is fair and reasonable.

1.15 EVALUATION OF PROPOSALS

A. All proposals received will be evaluated according to the criteria listed in this RFP.

B. Negotiations may be held by MARITIME METRO TRANSIT and its representatives with proposers in the competitive range. MARITIME METRO TRANSIT shall have the right to conduct a cost/price analysis, to review and audit all business records and related documents of any and all proposers (and any affiliated or parent company) to determine the fairness and reasonableness of the proposal, to contact any and all client references, and to conduct site visits and investigations. An interview and presentation may be required.

1.16 PROTEST PROCEDURES

Protests of an interested party regarding the procurement actions of MARITIME METRO TRANSIT will be considered and determined in accordance with the following procedures. A protest which is submitted by a party which is not an interested party or which is not in accordance with these procedures shall not be considered by MARITIME METRO TRANSIT, and will be returned to the submitting party without any further action by MARITIME METRO TRANSIT.

Notices of "*intent to protest" and "**protests" must be submitted in writing. Protesters should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code Provisions that are alleged to have been violated.

* A written notice of "intent to protest" the intended selection of award a contract must be received and filed with the procurement office no later than five (5) working days after the notices of intent to award are issued to:

Procurement office:

Kara Ottum Transit Manager City of Manitowoc Engineering Department 900 Quay Street Manitowoc, WI 54220 with a copy to:

Wisconsin Department of Transportation Transit Procurement Manager, P. 0. Box 7913 Madison, WI 53707-7913

**The complete written "protest" must be provided to the same addresses, (as provided above, for the written "intent to protest") within (10) working days after the notice of intent to award is issued. Protesters must clearly identify the solicitation number and program title in all correspondence. Protests must be as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The Procurement Administrator will issue a decision on the protest within five (5) working days of receiving the written protest. A copy of the decision will be provided to the WisDOT Transit Procurement Manager.

If the protest had alleged a violation of a statute and specific provision(s) of Wisconsin Administrative Code and the decision of this formal process fails to resolve the complaint, the complainant, within five (5) working days of the issuance of that decision, may refer the matter to the Director, Bureau of Transit and Local Roads, Wisconsin Department of Transportation, P. 0. Box 7913, Madison, WI 53707-7913 with a copy of such appeal filed with the procurement office.

Failure to comply with the above protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.

SECTION II - SCOPE OF SERVICES

2.1 PERFORMANCE REQUIREMENT

The PROVIDER shall, at all times during the term of the Contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, material and supplies necessary therefore. Notwithstanding the provision of drawings, technical specifications or other data by the CITY, the PROVIDER shall have the responsibility of supplying all items and details required to perform the services specified in this RFP. The PROVIDER shall conduct all work in the PROVIDER'S own name and as an independent PROVIDER, and not in the name of, or as an agent for, the CITY, the COUNTY, MARITIME METRO TRANSIT, the ADRC, or any other agency of the CITY or COUNTY.

The PROVIDER's performance of services shall be in accordance with the Contract, in accordance with the RFP, and the PROVIDER's proposal, all of which are hereby incorporated by reference as if fully set forth in the final Contract.

The PROVIDER shall operate paratransit services for Maritime Metro Transit in accordance with terms and conditions of this RFP, and the procurement documents referenced within this RFP.

2.2 QUALIFICATIONS OF PROVIDERS

Prospective PROVIDERS must meet the minimum qualifications set forth below to be considered eligible to propose on this service Contract.

The PROVIDER must:

· Have on staff management, experienced with the operations of community-oriented transportation service who will take a responsible role in managing the service;

· Be financially capable of undertaking this project;

· Be prepared to provide substitute vehicles (in case of an accident or emergency) within one hour of an occurrence; and

· Be prepared to recruit and hire qualified drivers as specified in Section 2.12.

2.3 RESPONSIBILITIES OF THE CITY AND COUNTY

A. Establish requirements for the PROVIDER in the Contract. Any amendments or supplemental agreements to the Contract shall be consistent with the original scope of work established in this RFP.

B. Develop and implement policies on issues related to transportation services, including, but not limited to, service area, hours of service, and fares. Any policy changes implemented relevant to the Contract shall be consistent with the original scope of work established in this RFP.

C. Follow a certification process to determine eligibility of applicants for elderly, disabled, and ADA paratransit services.

D. Maintain a current record of clients certified to be eligible for services and provide information from such records as may be necessary for the PROVIDER to perform its responsibilities under the Contract.

E. Coordinate informational reports.

F. Pay the PROVIDER for services properly rendered.

G. Administer and monitor the Contract, and inspect the PROVIDER'S work.

H. Audit the PROVIDER'S records.

I. Investigate unsafe practices.

J. Comply with Federal, State, and local laws and regulations.

K. Review and approve all material mass produced for distribution to customers by the PROVIDER prior to distribution.

L. Set fares and negotiate rates with contracted agencies.

M. Provide revenue vehicles for use in services set forth in the Service Characteristics.

2.4 RESPONSIBILITIES OF THE PROVIDER

A. Schedule, provides, and supervises service as specified in the Service Characteristics set forth in this RFP and Appendix A.

B. Operate and maintain CITY and COUNTY owned revenue vehicles for use in the service set forth in the Service Characteristics.

C. Provide full scheduling and dispatch functions.

D. Provide a complete customer service information phone line, including customer voice phone service during all hours of operation. Callers shall be able to speak to an employee during regular hours of operation. Office hours must be at least 8:00am to 4:00pm, Monday through Friday. Automated attendant systems or voicemail are acceptable during non-business hours upon prior approval from MARITIME METRO TRANSIT. An after-hours policy should be developed for call-ins and pickups.

E. Provide appropriate computer hardware and software to operate the dispatch and scheduling functions of MMT’s choice. This is to include GPS tracking and a platform to share information such as trip denials, complaints, incidents and accidents.

F. Provide vehicle maintenance facilities and office space in connection with the performance of Contract Services.

G. Meet performance and safety standards as described in the submitted proposal and submitted Safety Program.

H. Provide qualified personnel having management, operational, and maintenance expertise necessary to operate the services described in this Contract.

I. Comply with MARITIME METRO TRANSIT's Drug and Alcohol Abuse Testing Program, and other drug and alcohol testing rules and regulations as required by the FTA or State of Wisconsin as those requirements apply to the testing of vehicle operators, mechanics, and dispatchers.

J. Meet employee hiring and training standards as specified in the Contract.

K. Provide adequate numbers of fully qualified Revenue Vehicle operators shall be available as backup operators during all operating hours to ensure consistent and reliable service.

L. Maintain all equipment and Revenue Vehicles. The CITY reserves the right to inspect all maintenance records, equipment, and revenue vehicles to ensure proper vehicle care and passenger safety.

M. Assist the CITY in marketing in accordance with MARITIME METRO TRANSIT's marketing plans and other activities as determined by MARITIME METRO TRANSIT.

N. Maintain regular written and verbal communications with MARITIME METRO TRANSIT.

0. Comply and/or assist with MARITIME METRO TRANSIT's monitoring and auditing programs, including, but not necessarily limited to, Section 5310, 5311, and 85.21 filings. Assist with ongoing programs including origin-destination surveys and other ridership and customer satisfaction surveys that may be periodically undertaken.

P. Attend regularly-scheduled and special meetings with CITY and/or COUNTY staff at the request of MARITIME METRO TRANSIT.

Q. Assist MARITIME METRO TRANSIT staff in developing improvements to the system services.

R. Respond promptly and precisely to MARITIME METRO TRANSIT's requests for information according to the schedule set by MARITIME METRO TRANSIT.

S. Promptly notify MARITIME METRO TRANSIT of any deficiencies in facilities and/or revenue vehicles, or in proposed service expansions, alterations, and/or service reductions.

T. File operating, financial, and performance reports and invoices in the time and manner specified in the Contract.

U. Immediately report to MARITIME METRO TRANSIT any accidents (including passenger accidents), any other non-routine events, or any operational deviations. Such reports shall in no instance be communicated later than twelve (12) hours after the incident occurs.

V. Investigate accidents and unsafe' practices and report to MMT within 24-hours.

W. Cooperate with law enforcement agencies and other local departments with respect to security activities on board revenue vehicles and elsewhere.

X. Acquire and maintain a parts inventory adequate to the type and number of revenue vehicles in the fleet or be assured of same available locally.

Y. Maintain an appropriate and sufficient level of fuel supply and notify its supplier of the need for fuel to keep the revenue vehicles in operation.

Z. Follow all applicable local, State, and Federal laws and regulations.

2.5 PAYMENT METHOD

A. The PROVIDER shall, at all times during the term of the Contract, perform all work diligently, carefully, and in a professional manner; and shall furnish all labor, supervision, material, and supplies necessary therefore. Notwithstanding the provision of drawings, technical specifications or other data by MARITIME METRO TRANSIT, the PROVIDER shall have the responsibility of supplying all items and details required to perform the services specified in this RFP. Excepting the measures undertaken by the PROVIDER to publicly brand the paratransit service as MARITIME METRO TRANSIT’S to the public, the PROVIDER shall conduct all work in the PROVIDER’s own name and as an independent PROVIDER and not in the name of, or as an agent for, MARITIME METRO TRANSIT.

B. The PROVIDER’S performance of services shall be in accordance with the RFP and the PROVIDER’s proposal, all of which are hereby incorporated into the Contract.

2.6 PAYMENT METHOD

The PROVIDER shall only be paid by the CITY and will be paid based on a per trip reimbursement method. The PROVIDER will be paid the difference per trip between this amount and the per trip fare collected from each passenger.

2.7 FARE STRUCTURE AND COLLECTION

A. Passenger fares (also the same as co-pays) for complementary ADA paratransit shall be determined and established by the CITY for a one-way trip. The CITY retains the right to make any fare adjustments it deems appropriate. Rural paratransit (Non-ADA) and elderly co-pay increases will be made by the CITY on recommendations from the COUNTY Aging and Disability Resource Center.

B. The current program fares are listed in Appendix A. The passenger co-pays are subject to change during the course of the Contract.

C. The PROVIDER must collect, count, record, deposit, and monitor all co-pays and/or co-pay substitutes (tokens, tickets, etc.), and will retain and credit these co-pays against the amounts billed. The amount of the collected co-pays shall correspond to the reported number of passenger trips reported. The PROVIDER must provide a means of supervising the collection of co-pays, including mechanisms for driver accountability. The PROVIDER must utilize a system that separately accounts for costs by rider classification so that the CITY and COUNTY programs are appropriately allocated, recorded, invoiced, and monitored.

D. The PROVIDER must also be able to handle a possible tiered and/or coupon fare structure.

E. The PROVIDER may be required to sell pre-paid fares to clients without a service fee.

F. The PROVIDER may be required to do special billing for agencies contracting with the CITY for paratransit services and will honor and bill according to set rates between the agency and the CITY.

2.8 INVOICES AND PAYMENTS

The PROVIDER shall submit three (3) monthly invoices (CITY, Elderly & Rural) to MARITIME METRO TRANSIT for the number of trips provided during the previous month under the Contract for rides provided on 1) City ADA and 2) Rural Disabled and Elderly programs and individual trip reports required by Section 2.21 which are retained by the PROVIDER. Such invoices must be submitted no later than the third business day of each month and be accompanied by the monthly reports required under Section 2.20.

B. Invoices for payment shall be so marked, include a reference to the Contract number, shall be consecutively numbered, and forwarded to:

C. MARITIME METRO TRANSIT reserves the right to request any and all information to support any charges submitted in the invoice. MARITIME METRO TRANSIT may, at any time, conduct an audit of any and/or all records kept by the PROVIDER that are directly or indirectly related to the services provided under the Contract. Appropriate financial adjustments shall be made by MARITIME METRO TRANSIT based upon any inconsistency, irregularity, discrepancy or unsubstantiated billing revealed as a result of such audit and for the amount of any liquidated damages assessed under Section 2.05. Any overpayment discovered in such an audit may be charged against the PROVIDER's future invoices. MARITIME METRO TRANSIT may withhold payment for services which it believes were improper, failed to meet service specifications or are otherwise questionable.

D. Payment shall be made within thirty (30) days of verification and acceptance of the invoices by MARITIME METRO TRANSIT.

2.9 PERSONNEL

A. The PROVIDER shall provide qualified personnel capable of performing the services required under the Contract. The total number of personnel necessary for operations and services shall be determined by the PROVIDER. However, The CITY shall determine the adequacy of the service level.

B. Employees shall have no criminal history detrimental to the population being served.

C. Employees providing services shall at all times be and remain the sole employees of the PROVIDER and the PROVIDER shall be solely responsible for the payment of all employee wages and benefits. The PROVIDER, without any cost or expense to the CITY, shall faithfully comply with the requirements of all applicable State and Federal enactments with respect to employer's liability, worker's compensation, unemployment insurance, and other forms of Social Security, and also with respect to withholding of income tax at its source from wages of said employees.

D. The PROVIDER shall be in breach of the Contract and subject to termination for default should any personnel not meet the requirements of the Personnel or Training Program employed by the PROVIDER for the purpose of performing duties pursuant to the Contract.

E. The PROVIDER shall adhere to its personnel program. The Provider shall ensure all hired personnel are trained for required safety and professional courtesy with all end users of this contract. This would include but not limited to: how to properly operate lifts, avoiding unsafe pick-up and drop off points, wheelchair brake functions, proper tie down and securement of wheel chair passengers, civil rights requirements e.g., sensitivity training on interacting with persons with disabilities.

F. The Contract shall ensure that periodic medical testing related to drug use and alcohol abuse is conducted for vehicle operators, mechanics and dispatchers in accordance with Federal Transit Administration (FTA) laws and regulations. A summary report of test results shall be provided to MARITIME METRO TRANSIT as required by the FTA. Any vehicle operator, mechanic or dispatcher who does not pass the medical examination or whose drug/alcohol screening tests do not comply with applicable standards for alcohol abuse or drug use shall not be permitted to be employed to provide any service under the Contract.

All project personnel shall maintain a professional, courteous attitude toward passengers, including answering to the best of their ability all passenger questions and performing other tasks as directed. Promptly upon MARITIME METRO TRANSIT's request, the PROVIDER shall remove from work under the Contract any employees who MARITIME METRO TRANSIT considers unsuitable for such work or who has displayed any act of discourtesy, rudeness, use of profanity, or any other act deemed unacceptable by MARITIME METRO TRANSIT.

G. The PROVIDER shall require all vehicle operators, dispatchers and personnel available to the public to be appropriately attired in uniform or clothing. Such clothing shall display the name of the employee and the name of the PROVIDER, the display of a photo I.D. is mandatory. The cost of such uniforms shall be borne by the PROVIDER.

I. Employees are prohibited from smoking in any revenue vehicles or in the immediate presence of clients.

2.10 PROJECT MANAGEMENT

A. The PROVIDER shall designate a Project Manager who shall supervise the day-to-day operations of the service, as well as the management of the project's accounts and operating records. The Project Manager or his or her designee shall be available by telephone or in person during all hours of operations to make decisions as necessary at the request of the CITY. When that person is unavailable (vacation, illness, etc.) a designee shall be named.

B. The PROVIDER shall provide the telephone numbers of at least one member of its staff other than the Project Manager with the authority and responsibility to make binding decisions, acting as agent for the PROVIDER. This management individual shall also respond in person to any emergency or accident involving extensive property damage or injuries if the Project Manager is unavailable.

2.11 SUPERVISORS

The PROVIDER shall specifically designate field personnel as "supervisors" and shall establish the responsibilities and accountability of those employees. The PROVIDER shall require supervisors to be responsible for coordinating runs, ensuring on-time performance, assisting passengers, and communicating with the base facility and Revenue Vehicles.

2.12 VEHICLE OPERATORS

A. All operators of revenue service vehicles shall be legally licensed to operate in the State of Wisconsin; possess any other licenses or endorsements required by applicable local, State, and Federal laws and regulations; be at least 18 years of age; and have at least two years driving experience. It is recommended that a Commercial Driver's License be required to provide flexibility in PROVIDER scheduling and vehicle assignments.

B. The PROVIDER shall perform a thorough background check on all potential employees prior to their hiring. The PROVIDER shall not employ any person as a revenue vehicle operator for the Contract services who has been convicted of a felony involving a crime of violence or committed in the use of a commercial vehicle; been convicted of an offense involving a serious traffic violation (as defined in the Commercial Driver's License standards, requirements, and penalties); or who has been convicted of a drug or alcohol offense. Vehicle operators shall have no more than three (3) moving violations and /or chargeable accidents within the previous five (5) year period at time of hire.

Prior to employing any person as a Revenue Vehicle operator, and to the extent made possible under the Law, the PROVIDER shall obtain from each such person detailed information concerning such person's employment experience, motor vehicle violations and accidents, criminal history, and complaints filed against such person in the course of any employment as a professional driver, whether by any bus service PROVIDER or otherwise. The PROVIDER shall investigate and verify the accuracy of the information obtained from all job applicants.

C. Each Revenue Vehicle operator shall be alert, careful, and competent in terms of driving ability and habits.

D. Each Revenue Vehicle operator shall be courteous to all passengers.

E. Each Revenue Vehicle operator shall be neat and clean in appearance.

F. Revenue Vehicle operators shall be fully trained in:

· Defensive driving and vehicle handling;

· Emergency first aid, blood borne pathogens, and cardiopulmonary resuscitation;

· Passenger handling and care, including the safe operation of lift devices, securement devices, wheelchairs and all mobility devices;

· All operational and safety policies and procedures relative to their position;

· Sensitivity issues in order to recognize and respond to the needs of individuals with various disabilities; and to properly assist and treat individuals with disabilities in a respectful and courteous manner;

· Harassment.

G. Revenue Vehicle operators shall, pursuant to requests by the CITY, distribute notices to passengers or otherwise render assistance in monitoring and supervising operations.

H. Revenue Vehicle operators shall have available at all times during operation of any Revenue Vehicle in connection with Contract Services a timepiece having an accuracy of +/- one (1) minute per month and the timepiece shall be set each day.

I. Revenue Vehicle operators must immediately report to the PROVIDER & MMT any traffic accidents, passenger accidents, or other non-routine events, J. Revenue Vehicle operators must have in their possession while on duty, valid Wisconsin Driver's Licenses and employee identification cards supplied by the PROVIDER.

· REVENUE VEHICLE MECHANICS

A. The PROVIDER will employ personnel in sufficient numbers and with an adequate mix of skills to maintain Revenue Vehicles or Contract, on a top priority basis, for these services through a reputable and dependable third party. This includes an ability to repair and service Revenue Vehicles and equipment, including lifts, air conditioners, and heating units among other things. The third-party Contract shall specifically indicate availability of mechanics during operational hours for emergency road service.

B. The PROVIDER shall ensure that the skills, capability, and availability of maintenance personnel are adequately matched to the type of maintenance and repairs needed at the time they are needed. Maintenance activities will be carried out at times which do not interfere with scheduling of Revenue Vehicles to meet service demands.

· DISPATCHERS & CLERICAL STAFF

The PROVIDER will employ personnel in sufficient numbers and with an adequate mix of skills to schedule and. appropriately dispatch vehicles for all services relating to this Contract.

· SCHEDULING AND RESERVATIONS

A. All program trips must be scheduled and/or dispatched through the PROVIDER. The CITY or COUNTY will not perform any scheduling functions. The PROVIDER shall not assign any passenger exclusively to a particular driver. Requests for such service shall be denied without exception.

B. All trips shall be reserved in accordance with current ADA regulations.

C. Trips not scheduled as above may be provided if scheduling permits.

D. Unscheduled Return Trips & Fixed Route Requests. The PROVIDER shall attempt to accommodate 75% of all unscheduled return trips (i.e. from medical appointments) and fixed route requests (bus equipment failures) within 60 minutes of notification. The dispatch center shall provide an estimated time of arrival for requests of this category, providing call-backs, if required.

· REVENUE VEHICLES

A. General:

MARITIME METRO TRANSIT shall provide and lease to the PROVIDER all Revenue Vehicles necessary to provide the ADA eligible service contemplated in this contract. Revenue Vehicles for all other programs may be leased from the COUNTY to the PROVIDER. A vehicle list is contained in Exhibit A. Vehicles leased from the COUNTY or the CITY may be used in combination with providing services to ADA eligible passenger and to rural paratransit (non-ADA) and elderly passengers as provided for in this Contract, Vehicles owned by the CITY and COUNTY shall be leased to the provider for $1.00 per vehicle per year.

· The PROVIDER shall ensure that all Revenue Vehicles are fully licensed. All Revenue Vehicles are subject to inspection by MARITIME METRO TRANSIT, the Manitowoc Police Department, the Wisconsin State Patrol or other agency designated by the CITY.

· Revenue Vehicles used by the PROVIDER for Contract Services must meet the vehicle accessibility standards for the type of vehicle in question set forth in 49 CFR Parts 37 and 38 and the standards for Wisconsin Human Service Vehicles in Wisconsin Trans. 301.

· All specialized Revenue Vehicles used in the transportation of non-ambulatory ADA Certified passengers must be able to carry a minimum of four passengers and have a minimum of two securement areas for wheelchairs.

· If the PROVIDER desires to replace a Revenue Vehicle, it shall immediately notify MARITIME METRO TRANSIT of the request. MARITIME METRO TRANSIT shall, at its discretion, opt to repair the vehicle on behalf of the PROVIDER, seek retirement of the vehicle from the DOT and/or purchase a new vehicle as replacement.

· The PROVIDER is solely responsible for the cost incident to the acquisition or lease of vehicles used to provide services under this Agreement.

· The PROVIDER, in its sole discretion may determine to utilize its existing fleet or purchase or lease additional vehicles to supplement the Revenue Vehicles provided by the CITY to provide services under this Agreement. However, all Revenue Vehicles must meet the requirements of this Section.

· The PROVIDER shall ensure that it has available at all times sufficient Revenue Vehicles, in. operable condition, to provide all of the services called for under this Agreement.

· The PROVIDER shall ensure that all Revenue Vehicles used to provide the service contemplated in this Contract are equipped with two-way voice communications.

· The PROVIDER shall ensure that all Revenue Vehicles used to provide the service contemplated in this Contract display the appropriate decal logos. Decals shall be provided by the CITY and COUNTY.

B. Vehicle Maintenance for Section 5310 Leased Vehicles:

The PROVIDER must follow the Section 5310 Maintenance Program for all section 5310 vehicles leased under this Agreement.

The CITY, COUNTY, or Wisconsin Department of Transportation (DOT) reserves the right to inspect, examine, or test, at any reasonable time, any equipment used in performance of the work in order to assure compliance with these specifications. The PROVIDER may be required to transport the vehicles, at the PROVIDER'S expense, to the designated inspection facilities.

C. REVENUE Vehicle Maintenance for PROVIDER Vehicles:

· The PROVIDER shall maintain all Revenue Vehicles in accordance with all local, State, and Federal requirements for safety; and as otherwise required in the Contract.

· All maintenance and repair of Revenue Vehicles shall be completed, including the routine replacement of components and to the manufacturer's specifications and standards at a minimum. In addition, all maintenance performed on the PROVIDER'S vehicles shall be at a standard in accordance with the PROVIDERS Preventive Maintenance Program.

· All Revenue Vehicles shall receive a daily pre-trip inspection prior to being placed in service. The pre-trip inspection procedure must be approved by MARITIME METRO TRANSIT. The following items at a minimum must be found to be adequate in amount, in operable condition, or otherwise functioning correctly:

a. Turn signals, emergency flashers, and any other electrically illuminated signs;

b. Headlights, on both high and low beams;

c. Brake lights;

d. Inside lights;

e. Windshield wipers;

f. Door operation;

g. Horn;

h. Brakes, foot and hand;

i. Oil level and pressure;

j. Battery charging by generator or alternator (as necessary);

k. Steering;

I. Two-way Communications;

m. Heater(s) (in winter);

n. Air Conditioning System (in summer);

o. Safety equipment;

p. Cleanliness, interior and exterior;

q. Amount of fuel;

r. Wheelchair lifts or ramps and securements.

The PROVIDER shall make necessary repairs, adjustments or additions prior to placing any revenue Vehicle in service.

· Each Revenue Vehicle shall receive a regular weekly inspection to ensure its proper operating condition. In addition to the items of the pre-trip inspection, the weekly inspection shall include: (1) Engine operation; (2) Transmission function; and (3) fluid levels other than fuel (windshield washer, oil, transmission, brake, coolant, etc.).

· Any defects identified by the vehicle operator or inspector shall be noted on a defect report. Appropriate action shall be taken by the PROVIDER to correct defective items noted in a defect report prior to the operation of the Revenue Vehicle.

· Revenue Vehicles shall not be operated with defects that make them unsafe to operate.

· The PROVIDER shall maintain Revenue Vehicles and schedule maintenance activities to assure that maximum numbers of vehicles are available for Revenue Service during peak hours. The PROVIDER shall not remove vehicles from Revenue Service during peak periods except to conduct necessary repairs, and shall minimize the amount of time needed to conduct preventive maintenance.

· All repair work shall be performed by maintenance personnel who have demonstrated experience and documented training in the work to be completed. Maintenance personnel shall have the necessary equipment and tools to perform any authorized work. Neither the CITY nor MARITIME METRO TRANSIT shall be responsible for providing such tools or equipment. Upon removal of a Revenue Vehicle from service for repairs, a schedule shall be established setting forth a timetable for repairs and an estimated date for returning the vehicle to service. Inspection and /or repair work shall be commenced promptly in accordance with the established schedule. The PROVIDER shall periodically update such schedule to reflect the progress of work and the estimated return of the vehicle to service.

D. Revenue Vehicles - Cleaning and Appearance:

· The PROVIDER shall maintain the cleanliness of all Revenue Vehicles in accordance with established or revised performance standards.

· Revenue Vehicle interiors shall be swept or vacuumed daily to remove all dirt and debris. Mopping will be carried out as necessary. Revenue Vehicle exteriors shall be washed on a daily basis.

· All components of the Revenue Vehicle body, appurtenances, and frame shall be sound and undamaged while in Revenue Service.

· Revenue Vehicles shall not be placed in Revenue Service while any noxious fumes or detectable odors remain in the vehicle.

· The PROVIDER shall remove or cover graffiti on Revenue Vehicles within twenty-four (24)…