RFP_23NS0626-2_Statewide_Access_Fund_Admin.pdf

STATE OF CALIFORNIA GAVIN NEWSOM, Governor

PUBLIC UTILTIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102

California Public Utilities Commission (CPUC) Request for Proposal (RFP) – Secondary Number 23NS0626-2

For:

Statewide Access Fund Administrator

October 11, 2024

The California Public Utilities Commission (CPUC) invites you to review and respond to this Solicitation. In submitting your response, you must comply with the instructions found herein.

This is an open solicitation for all private entities, universities or governmental agencies.

The CPUC seeks a Contractor to administer the CPUC’s Access for All Program in the geographic areas not currently served by a Local Access Fund Administrator to incentivize the expansion and availability of on-demand wheelchair accessible vehicle transportation service for people with disabilities statewide.

Before submitting a response to this solicitation, interested parties should read and review the entire solicitation including any attachments, all referenced web addresses, and any regulations, orders, and statutes cited.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 4/2017) and Contractor Certification Clauses (CCC 4/2017) that may be viewed and downloaded at the following internet site:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language.

If you do not have Internet access, a hard copy can be provided by contacting the point of contact listed below. By submitting a proposal your firm agrees to the terms and conditions stated in this RFP and the proposed contract.

Any questions regarding the solicitation or terms and conditions of the proposed contract must be submitted by the deadline listed in the key action dates. Terms and conditions will not be negotiated after contract award.

Responses are due December 4, 2024 by 10:00 AM Pacific Time.

Total proposal cost must not exceed $3,062,280.00. Proposals exceding this amount will be automatically disqualified.

CPUC Point of Contact:

Laling Moksouphanh, Contracts Unit Manager Laling.Moksouphanh@cpuc.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:Laling.Moksouphanh@cpuc.ca.gov

California Public Utilities Commission RFP Number 23NS0626-2

TABLE OF CONTENTS

1. SCOPE OF WORK AND CONTRACT TERMS

EXHIBIT A – SCOPE OF WORK

1) Introduction and Background

2) Statement of Work

A. Tasks and Deliverables

B. Contractor Responsibilities

I. Staffing Requirements

II. Staffing Requirements for Key Staff

3) Funding Allocation: Invoicing, Payment, and Disbursement

4) CPUC Responsibilities

5) Location and Hours

6) Term Length

7) Contract Representatives Information

8) Amendment Language

2. MINIMUM QUALIFICATIONS

3. ADMINISTRATIVE INFORMATION

4. SUBMISSION REQUIREMENTS

5. PREFERENCE AND INCENTIVE PROGRAMS

6. EVALUATION CRITERIA AND PROCESS

7. AWARD AND CONTRACT EXECUTION

8. REQUIRED ATTACHMENTS

ATTACHMENT 1 – SOLICITATION CHECKLIST

ATTACHMENT 2 – CONFLICT OF INTEREST STATEMENT

ATTACHMENT 3 – REFERENCES SHEET

ATTACHMENT 4 – PAYEE DATA RECORD

ATTACHMENT 5 – PAYEE DATA RECORD SUPPLEMENT

ATTACHMENT 6 – CONTRACTOR CERTIFICATION CLAUSES

ATTACHMENT 7 – DARFUR CONTRACTING ACT FORM

ATTACHMENT 8 – BIDDER DECLARATION FORM

ATTACHMENT 9 – DVBE DECLARATION FORM

ATTACHMENT 10 – COMMERCIALLY USEFUL FUNCTION CERTIFICATION

ATTACHMENT 11 – IRAN CONTRACTING ACT FORM

ATTACHMENT 12 – CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION

ATTACHMENT 13 – GENERATIVE ARTIFICIAL INTELLIGENCE REPORTING ... 69

ATTACHMENT 14 – COST SHEET

ATTACHMENT 15 – SAMPLE STANDARD AGREEMENT

1. SCOPE OF WORK AND CONTRACT TERMS

EXHIBIT A – SCOPE OF WORK

1) Introduction and Background

The California Public Utilities Commission (hereinafter referred to as the CPUC or Commission) regulates services and utilities, protects consumers, safeguards the environment, and assures Californians’ access to safe and reliable utility infrastructure and services. The essential services regulated include electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.

The CPUC created the transportation network company (TNC) Access for All Program to implement Senate Bill (SB) 1376 (Hill: 2018), which directed the CPUC to establish a program to increase accessibility of TNC services for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV).

The purpose of the TNC Access for All Program is to incentivize the expansion and availability of on-demand transportation service for people with disabilities statewide. The Access for All Program provides two mechanisms to meet the statute’s overall goal of expanding and improving on-demand WAV transportation service in California: one through TNCs’ investments, and the other through local Access Providers. In the first mechanism, TNCs make investments to expand or improve on-demand WAV service in each county or geographic area.

In return, the TNCs can file “offset requests” with the CPUC to keep some of the Access Fee revenue they collect, equal to the amount they invest in WAV service in a particular county in a particular quarter, so long as the WAV service meets performance requirements set by the CPUC. This part of the Program is already being implemented.

In the second mechanism, the CPUC sets aside the remaining money (i.e., the money not claimed by TNCs in the offset process) in a fund called the Access Fund. These funds can then be distributed to local Access Providers through “Access Fund Administrators” (AFAs).

Consistent with CPUC Decision (D.) 21-03-005, this term is used to generally refer to both the Local Access Fund Administrators (LAFAs) and the Statewide Access Fund Administrator (SAFA) or the Contractor. AFAs assist CPUC’s Consumer Enforcement Division (CPED) staff by administering the local WAV program, and by contracting with and obligating available funds to eligible Access Providers. Access Providers are organizations or entities that directly provide, or contract with a separate organization or entity to provide on-demand transportation to meet the needs of persons with disabilities, including individuals who need access to a WAV.

The CPUC has decided that that local transportation planning agencies (Metropolitan Planning Organizations; Regional Transportation Planning Agencies; County Transportation Commissions; and Local Transit Agencies) are best suited to administer the Access Fund at the local level1. The CPUC recognizes that transit agencies in areas with available funds may choose not to apply or may not qualify to be an AFA, or that selected transit agencies will not cover all geographic areas of the State. Therefore, the CPUC set forth a parallel process for CPUC staff to solicit and retain an independent entity to act as a Statewide Access Fund Administrator

1 See D.21-03-005 (http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&DocID=329472459).

http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&DocID=329472459 http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&DocID=329472459

(SAFA) in order to serve as the AFA in geographic areas where there is no selected AFA2. The SAFA may be a private or non-profit entity, or another California State agency.

On June 29, 2023, CPUC Resolution TL-19143 approved ten LAFAs for Funding Year 2023- 2024 to administer the TNC Access for All Program locally for their respective county or counties: Contra Costa Transportation Authority (Contra Costa), Fresno Council of Governments (Fresno), Los Angeles County Metropolitan Transportation Authority (Los Angeles), San Diego Association of Governments (San Diego), San Francisco Municipal Transportation Agency (San Francisco), San Luis Obispo Council of Governments (San Luis Obispo), Santa Cruz County Regional Transportation Commission (Santa Cruz), Solano Transportation Authority (Solano), Transportation Agency for Monterey County (Monterey), and Ventura County Transportation Commission (Ventura). Although counties served by a LAFA may vary every year, as of July 2023, 48 counties have yet to be served.

The selected SAFA will administer the Access for All program in the remaining geographic area(s) not already served by the LAFA. Specifically, pursuant to D.20-03-007 Ordering Paragraph 30, “The Consumer Protection and Enforcement Division is authorized to begin soliciting and selecting one or more independent entities to: (1) serve as a Statewide Access Fund Administrator in geographic areas where no Access Fund administrator is designated, (2) assist with the completion of the 2024 report to the Legislature3.”

2) Statement of Work

The Contractor’s primary role as the SAFA is to administer the Access for All Program in the geographic areas not currently served by a LAFA. Similar to the LAFA, Decision D.20-03-007 tasks the SAFA with developing local WAV programs by contracting with and obligating available funds to eligible Access Providers in accordance with criteria adopted by the CPUC.

The responsibilities of a Statewide Access Fund Administrator are as follows:

a) Establish a process for Access Provider solicitation

b) Select Access Providers to receive Access Fund moneys based on criteria adopted by the

CPUC

c) Obligate available Access Fund moneys to selected Access Providers

d) Submit a consolidated report quarterly to the CPUC in a format specified by CPED by

Access Providers and timeline specified by the CPUC

e) Submit annual and other quarterly reports as required by the CPUC to ensure that progress is made toward the broader goals and objectives of the program and SB 1376

f) Assist CPED with multiple progress reports directed by the CPUC including Annual

Benchmark reports:

i. A study on the demand for on-demand WAVs, including demand according to time of day and geographic area

ii. An analysis of the quarterly reports required to be submitted by Access Providers receiving funding

2 Section 5440.5(3)(c) 3 The task of preparing the report to the Legislature was completed by CPUC staff and will not be within the scope of work for the SAFA.

iii. An analysis of the availability of unallocated funds in the Access Fund, including recommendations on the need to reassess Access Fund allocations

g) Assist CPED to conduct surveys of program awareness in all counties

A. Tasks and Deliverables

The following tables identify the deliverables and objectives to be completed by the Contractor and delivered to the CPUC.

Task No. 1 – Develop a Project Work Plan

Contractor shall develop a work plan to establish a process for Access Provider Solicitation and that addresses the requirements in this Scope of Work.

• The Work Plan must establish a clear and effective methodology to track and verify all terms, requirements, and conditions that Access Providers are required to meet under D.20-03-007.

• The Work Plan must include strategies and methodologies to successfully meet and complete Tasks 2 - 9.

Deliverables:

1a A draft Project Work Plan which must contain, but is not limited to, a list of resources, roles and responsibilities of each team member, Gantt chart with milestones and goals, and identified constraints in Access Provider solicitation. This will consist of a revision of the Project Work Plan included in the RFP response.

Provide in PDF format.

1b Final Work Plan. Provide in PDF format.

Task No. 2 – Report Quarterly on Progress of Access Provider Solicitation

D.20-03-007, Ordering Paragraph 31(e) orders the Statewide Access Fund Administrator to submit on a quarterly basis: (1) the amount of Access Funds requested by and distributed to Access Providers in a quarter, and (2) a brief description of the progress made by selected Access Providers, and any compliance or other challenges encountered. The Contractor shall submit an electronic version of the quarterly report in Microsoft Word to the CPUC Contract Manager and/or designated CPED staff 45 days after the end of each quarter. A template will be made available by CPED staff.

This deliverable shall include the following:

i. Progress of Access Provider Solicitation: Provide a detailed description of the progress in soliciting Access Providers in each quarter. Include at minimum responses to the following questions in your response:

a. Have you begun engaging with eligible Access Providers? If so, what types of engagements have you conducted?

b. What is your sense of the availability of eligible and interested Access Providers in each county?

c. Have you started developing the Access Provider solicitation and / or proposal / application requirements? If so, how do you plan to evaluate proposals / applications from interested Access Providers?

d. What other additional information regarding Access Provider solicitation to share?

e. The Contractor is encouraged to consult with Local Metropolitan Planning Organizations, Regional Transit Planning Agencies, County Transportation Commissions, and Local Transit Agencies for a list of potential eligible Access Providers in their respective counties.

ii. Progress of Engagement with Disability Communities: The Contractor must make a good faith effort to reach out to the local disability communities in the areas in which they aim to provide service to get their input in the planning process of the Statewide Administrator’s local programs. The CPUC acknowledges that the Statewide Access Fund Administrator, with the help of MPOs, RTPAs, CTCs, and Local Transit Agencies, know their local market best, including its constituents and the relevant stakeholders, and encourages the Statewide Access Fund Administrator consult with them to inform the development and implementation of the local Access Fund-funded WAV programs. The list of stakeholder constituencies is listed in the statute (see California Public Utilities Code section 5440.5 (a)(1)(A)).

In the SAFA quarterly report, provide a detailed description of any engagement that has been conducted in each quarter with the disability community regarding the TNC Access for All program. Include at minimum responses to the following questions in your response:

a. Which disability groups or community leaders have you engaged with?

b. What methods or formats were used to engage with these groups (e.g., emails, phone calls, in-person meetings)?

i. How many of each type of engagement was conducted?

c. What were the outcomes of these engagements?

d. Provide any other outreach that was done to promote the program, if any.

e. Is there additional information regarding engagement with disability communities to share?

iii. Track and report administrative expenditures incurred each quarter: D.21-03-005 defines administrative costs as “indirect overhead costs attributable to a project, per generally accepted accounting principles (GAAP), and the direct cost of complying with Commission administrative and regulatory requirements related to the grant itself.”

In the SAFA quarterly report, the Contractor is required to track and report administrative expenditures incurred each quarter and by county. The Contractor must track the administrative cost allocation and its administrative expenditures separately from the funding allocation and its expenditures for Access Providers’ services. In addition, the Contractor must also report the amount of administrative funds remaining for each quarter and by county.

iv. Track and report funding allocation and its expenditures for Access Providers’ services.

v. Challenges or other information to report: Describe any challenges to fulfilling the role as a Statewide Administrator on a quarterly basis. In addition, the Contractor shall provide any other additional information CPUC should be made aware of with regards to any challenges in development and implementation of the Access Program.

Deliverables:

2a SAFA quarterly report must be submitted 45 days after the end of each quarter by 5PM (PST). Provide in PDF format with supplemental CSV or XLSX files to communicate data, which may include, but are not limited to, outreach results, administrative expenditures, and funding allocation.

Task No. 3 – Develop Access Provider Solicitation Process

The Contractor shall establish a solicitation process for Access Providers, including submission logistics, deadlines, and evaluation criteria.

The Contractor is encouraged to consult with Local Metropolitan Planning Organizations, Regional Transit Planning Agencies, County Transportation Commissions, and Local Transit Agencies to understand the demand for and supply of WAV services in the respective counties during the solicitation process.

Access Provider Eligibility

Per Decision D.21-03-005 and D.21-11-004, for the purposes of the Access for All Program, the CPUC identifies eligible Access Providers as “transportation carrier[s] that hold a CPUC-issued permit prior to applying to be an Access Provider” or “a non-permitted transportation carrier may be eligible to apply as an Access Provider if the carrier provides documentation” that demonstrates the following:

• Background checks: Carriers must perform background checks that meet or exceed what is required of TNCs under the TNC Applications Form.4

• Insurance: Carriers must have levels of insurance equivalent to or higher than to what is required of charter-party carriers under General Order 115.5

• Controlled substance and alcohol testing: Carriers must be enrolled in a controlled substance and alcohol testing program.

• Secretary of State registration: Carriers must have their articles of incorporation filed with the Secretary of State.

4 https://www.cpuc.ca.gov/-/media/cpuc-website/files/uploadedfiles/cpuc_public_website/content/licensing/transportation_network_companies/basicinformationf ortncs.pdf 5 https://www.cpuc.ca.gov/proceedings-and-rulemaking/cpuc-general-orders https://www.cpuc.ca.gov/-/media/cpuc-website/files/uploadedfiles/cpuc_public_website/content/licensing/transportation_network_companies/basicinformationfortncs.pdf https://www.cpuc.ca.gov/-/media/cpuc-website/files/uploadedfiles/cpuc_public_website/content/licensing/transportation_network_companies/basicinformationfortncs.pdf https://www.cpuc.ca.gov/-/media/cpuc-website/files/uploadedfiles/cpuc_public_website/content/licensing/transportation_network_companies/basicinformationfortncs.pdf https://www.cpuc.ca.gov/proceedings-and-rulemaking/cpuc-general-orders

• Motor Carrier Profile with California Highway Patrol (CHP): Carriers must complete the CHP 362 Motor Carrier Profile and obtain a CA Number from the

CHP.6

An approved non-permitted carrier shall submit a declaration to the Contractor affirming compliance with each of the requirements and that each requirement is in effect during the term the carrier operates as an Access Provider.7

Further, Access Providers must meet the following conditions:

• Directly provides, or contracts with a separate organization or entity to provide, on-demand WAV transportation to meet the needs of persons with disabilities.

• “On-demand WAV transportation” means any transportation service that does not follow a fixed route and/or schedule.

TNCs applying as Access Providers must attest to meeting the eligibility requirements to apply as an Access Provider. The attestation must be included with their application. The attestation can be downloaded from the CPUC Website under “Reporting Templates.”8

Access Provider Application Requirements

At minimum, Access Providers need to demonstrate in their application how the proposed program or partnership will improve the following: response times for WAV service compared to the previous year and/or status quo in that county; the presence and availability of WAVs within the geographic area; and effort undertaken to publicize and promote available WAV service to disability communities.

To satisfy the minimum requirements, Access Providers shall provide the following specific information as part of their application/proposal for funding (CPUC will provide application/proposal templates):9

i. WAV Information: Part 1 (optional for first-year applicants, as funds may be required to acquire and begin WAV service)

• Number of WAVs in operation – by quarter and aggregated by hour of the day and day of the week.

• Number and percentage of WAV trips completed, not accepted, cancelled by passenger, cancelled due to passenger no-show, and cancelled by driver – by quarter and aggregated by hour of the day and day of the week. For WAV trips completed, Access Providers shall have the option to demonstrate an increase in the number of trips completed or an increase in the percent of trips completed.

• Completed WAV trip request response times, as well as Period A (time elapsed from when a trip is requested until the trip is accepted), and Period

6 https://www.chp.ca.gov/CommercialVehicleSectionSite/Documents/H%20chp362.pdf 7 https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/consumer-protection-and-enforcement-division/documents/tlab/accessforall/tnc-access-for-all-program-access-provider/safety-protocols-declaration-final.pdf 8 https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/consumer-protection-and-enforcement-division/documents/tlab/accessforall/tnc-access-for-all-program-access-provider/attestation-for-tnc-as-ap-final.pdf 9 See D.21-11-004.

https://www.chp.ca.gov/CommercialVehicleSectionSite/Documents/H%20chp362.pdf https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/consumer-protection-and-enforcement-division/documents/tlab/accessforall/tnc-access-for-all-program-access-provider/safety-protocols-declaration-final.pdf https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/consumer-protection-and-enforcement-division/documents/tlab/accessforall/tnc-access-for-all-program-access-provider/safety-protocols-declaration-final.pdf https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/consumer-protection-and-enforcement-division/documents/tlab/accessforall/tnc-access-for-all-program-access-provider/attestation-for-tnc-as-ap-final.pdf https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/consumer-protection-and-enforcement-division/documents/tlab/accessforall/tnc-access-for-all-program-access-provider/attestation-for-tnc-as-ap-final.pdf https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M421/K765/421765844.PDF

B (time elapsed from when a trip is accepted until the vehicle arrives) in deciles by quarter. This also includes a report of the 75th percentile response times, specifically, for that quarter.

• Evidence of outreach efforts to publicize and promote available WAV services to disability communities, which may include a list of partners from disability communities, how the partnership promoted WAV services, and marketing and promotional materials of those activities.

ii. WAV Information: Part 2 (required if first year applicants can’t provide part 1)

• Narrative and justification of expected number of WAVs in operation during the first year.

• Outline of planned outreach efforts to publicize and promote available WAV services to disability communities, which may include a list of partners from disability communities, how the partnership promoted WAV services, and marketing and promotional materials for those activities.

iii. Safety, Training, and Insurance Information

• Certification that the Access Provider’s WAV drivers have completed WAV driver training within the past three years.

• Report of WAV driver training programs used and number of WAV drivers that completed the training in the prior year.

• Certification that all WAVs operating on an Access Provider’s platform have been inspected and approved to conform with the ADA Accessibility Specifications for Transportation vehicles within the past year.

• Number of complaints received related to WAV drivers or WAV services, categorized as follows: securement issue, driving training, vehicle safety and comfort, service animal issue, stranded passenger, and other.

• Access Providers must place the International Symbol of Accessibility (ISA) on the following locations on a WAV: passenger side door (below door handle) and rear of vehicle (right side above bumper).

• A signed Safety Protocol Declaration Form

iv. Financial Information

• Estimated income (categorized by passenger revenue; other revenue; and total grants, donations, and subsidy from other agency funds).

• Estimated expenses (categorized by wages, salaries, and benefits;

maintenance and repair; fuels; casualty and liability insurance; administrative and general expense; other expenses; contract services).

• Funding sources: list and explain all current and secured future sources of operating revenue, including revenue from grants, donations, and local fundraising projects that will be used to fund the Program, for the prior, current, and budget year.

v. Project Description

• What type of WAV-related expenses are requested and a breakdown of associated costs – for example, a proposed improvement in an existing on-demand WAV service that involves the purchase of new WAVs is an eligible type of project under the “Vehicle Costs” category. For this proposal, the applicant shall describe the type and quantity of WAVs to be purchased.

• How it will increase WAV availability – provide an estimate of hourly number of available WAVs resulting from the proposed improvement.

• How it will improve response times – provide an estimate of the improvement in response times (in the example above, what is the expected change in response times with the addition of new WAVs?). At a minimum, the estimates should work toward demonstrating improvement from the previous quarter throughout the one-year funding cycle.

• How the Access Provider will engage the disability communities and market the new service – provide an outreach plan that details how the Access Provider would increase awareness about its on-demand WAV service within its service area.

Deliverables:

3a The Contractor shall submit an electronic version of the draft Request for Proposals or Call for Projects to the CPUC Contract Manager and/or designated CPED staff for review and approval. Provide in PDF format.

3b The Contractor shall submit a finalized electronic copy of the Request for Proposal or Call for Projects to the CPUC Contract Manager and/or designated CPED staff before dissemination. Provide in PDF format.

Task No. 4 – Access Provider Evaluation Criteria and Selection Process

In D.20-03-007, the CPUC decided for counties where there is no selected Local Access Fund Administrator (LAFA) that the SAFA (Contractor) “shall distribute funds in the Access Fund on a competitive basis to Access Providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV.”

To fulfill this requirement, the Contractor must develop evaluation criteria and a selection process to ensure competitiveness and consistent evaluation.

Evaluation Criteria

This evaluation criteria should include a point system that, at minimum, allows evaluators to assess:

i. Application completeness and soundness

ii. Applicant capacity to offer on-demand WAV transportation that can be requested and fulfilled within 24 hours

• If there are no applicants who can provide such on-demand service, the Contractor can accept applications from other providers so long as those providers’ services do not follow a fixed-route or schedule. If there are remaining funds after the Contractor has approved funding for on-demand providers, then the Contractor may distribute those funds to WAV providers that do not meet the on-demand criteria.

iii. Ability of applicant to improve response times for WAV service compared to the previous year and/or status quo

• Response time is defined as the time between when a WAV ride was requested and when the vehicle arrived

iv. Ability of applicant to improve presence and availability of WAVs within the geographic area compared to the previous year and/or status quo

• Presence and availability refer to the number of WAVs in operation by quarter and aggregated by hour of the day and day of the week

v. Evidence of efforts to publicize and promote WAV services to disability communities and/or an outreach plan for future engagement

• Evidence of outreach efforts may include: a list of partners from disability communities, how the partnership promoted WAV services, and marketing or promotional materials of those activities (e.g. social media, website, in-person events)

Selection Process

The Contractor shall develop a selection process for selecting the Access Provider(s) from the applications received (i.e., who and how many will score the applicants; how and when will the Access Provider(s) be notified of their selection/denial). The Contractor shall select the Access Provider(s) based on the point system developed.

Deliverables:

4a The Contractor shall submit an electronic copy of the draft evaluation criteria to the CPUC Contract Manager for review and approval. Provide in PDF format.

4b The Contractor shall submit a finalized electronic copy of the evaluation criteria to the CPUC Contract Manager prior to releasing the RFP/Call for Projects. Provide in PDF format.

4c The Contractor shall provide a list of Access Providers that were selected by the Contractor to the CPUC Contract Manager by July 30. Provide in PDF format.

Task No. 5 – Obligate and Transfer Funds to Access Provider

The Contractor shall liquidate moneys (i.e., transfer all applicable funding to the Access Provider) based on generally accepted accounting principles to ensure funds are used in accordance with the conditions and restrictions adopted under the Program. Funds shall be liquidated within one year of Access Provider selection—one year from when funds are obligated to the Access Provider. If the funds cannot be liquidated within one year from when the funds are obligated, the Contractor must provide an explanation in the quarterly report under “challenges/additional information” explaining why the requirement can’t be fulfilled and provide a timeline of when the funds are expected to be liquidated. In addition, the Contractor must ensure that the following are in place before liquidating funds and retained for duration of the program for purpose of program audits:

i. Funding agreement or contract with the Access Provider referencing the Program

Requirements and specifying the scope of work, schedule, and financial agreement.

ii. Documented process for verifying Access Provider expenses.

Deliverables:

5a Develop an agreement or contract with the Access Provider referencing the Program Requirements and specifying the scope of work, schedule, and financial agreement. The Contractor shall submit an electronic copy of the draft template agreement in PDF format to the CPUC Contract Manager for review and approval prior to dissemination.

5b Develop a process for selected Access Providers to receive Access Funds. The Contractor shall submit an electronic copy of the draft process to the CPUC Contract Manager in PDF format for review and approval prior to any money transfer.

Task No. 6 – Provide Consolidated Quarterly Access Provider Report

D.20-03-007, ordering paragraph 31(d) orders the Statewide Access Fund Administrator to submit a consolidated Quarterly Report to the CPUC Contract Manager based on Quarterly Reports submitted by Access Providers that received Access Fund moneys in each geographic area. The Contractor shall consolidate the data into a quarterly report with data reported by county and Access Provider and submit it to CPUC staff to inform whether changes to the program or status of the Access Providers are necessary. To the extent that any information submitted is claimed to be confidential, the Access Provider must provide a public redacted version, in addition to the confidential version, and comply with the confidentiality requirements in CPUC General Order 66-D, including providing the requisite confidentiality declaration to the CPUC Contract Manager. The Contractor shall develop a process to collect the required data from Access Providers within 30 days after the end of each quarter.

It is the responsibility of the Contractor to review quarterly performance provided by the Access Providers and to determine whether performance is satisfactory or whether there is a pattern of non-compliance with the standards established by the CPUC. CPUC Contract Manager will make the determination whether non-compliant Access Providers shall be suspended or disqualified from receiving future funds.

This deliverable shall include the following from the Contractor, reported by county and Access Provider (a report template will be provided by CPUC):10

i. Number of WAVs in Operation* (CSV)

ii. Number and percentage of WAV trips completed, not accepted, cancelled by passenger, cancelled due to passenger no-show, and cancelled by driver* (CSV)

iii. Completed WAV trip request response times* (CSV)

iv. Trip Completion Rate* (CSV)

v. Evidence of outreach* (CSV and PDF)

vi. Report of WAV driver Training Programs (CSV)

vii. Number of complaints (CSV)

viii. Funds Expended (CSV)

ix. Contract Information (CSV)

x. Signed Safety Protocol Declaration Form (PDF)

*D.20-03-007 provides that some of the required information may be inapplicable or unavailable at the time of the application as some of the Access Providers might be offering newer services. The applicant should explain why the information is unavailable or not

10 https://www.cpuc.ca.gov/regulatory-services/licensing/transportation-licensing-and-analysis-branch/transportation-network-companies/tnc-access-for-all-program/tnc---access-for-all-program-access-provider https://www.cpuc.ca.gov/regulatory-services/licensing/transportation-licensing-and-analysis-branch/transportation-network-companies/tnc-access-for-all-program/tnc---access-for-all-program-access-provider https://www.cpuc.ca.gov/regulatory-services/licensing/transportation-licensing-and-analysis-branch/transportation-network-companies/tnc-access-for-all-program/tnc---access-for-all-program-access-provider applicable, but the applicant should not be disqualified for being unable to provide the information.

Deliverables:

6a The Contractor shall consolidate the data into an Access Provider quarterly report and submit an electronic version in the recommended format to the CPUC Contract Manager. The Consolidated Access Provider Report will be due on or before COB 5 PM (PST) 45 days after the end of each quarter. The report should be in PDF format with supplementary CSV or XLSX files as needed to report data concisely.

Task No. 7 – Self-Assessment Report

The Contractor is required to submit a self-assessment describing their program’s progress, including its process to solicit Access Providers, any challenges faced, including the type of Access Providers that apply for funding and the number of applicants who applied for each county and were approved during each funding year.

Deliverables:

7a The Contractor shall submit an electronic version of the self-assessment report in Microsoft Word and PDF to the CPUC Contract Manager, due on or before 5 PM (PST) 90 days after the liquidation of funds of the Access Provider.

Task No. 8 – Customer Surveys

The Contractor shall conduct surveys of Access for All WAV users to evaluate the success of the program. The purpose of these surveys is to gather program information useful to the Contractor’s implementation and the CPUC’s management of the Access for All Program. The Contractor shall work with the CPUC Contract Manager to ensure that survey design meets the needs of the CPUC and the Contractor and can be readily carried out by the Contractor. Survey questions may address a variety of types of information, including but not limited to, demographics, ethnicity, how the person learned about the program, etc. All survey questions or interview scripts shall require the written approval of the CPUC Contract Manager.

Deliverables:

8a Develop and disseminate surveys to the public to gather information on the awareness, benefits, and barriers to access of the Access for All Program. The Contractor shall submit an electronic copy of the draft survey in PDF and interactive formats to the CPUC Contract Manager for review and approval prior to dissemination.

8b The Contractor shall submit an electronic version of the report summarizing the results of the survey in Microsoft Word and PDF to the CPUC Contract Manager.

Task No. 9 – Meetings and Communications

The Contractor will organize and host an in-person kickoff or virtual kickoff meeting and subsequent / monthly virtual meetings with CPUC, program stakeholders, and Local Access Fund Administrators to discuss the project.

The Contractor will be responsible for taking meeting minutes for all CPUC and external meetings and maintaining the documentation in the designated CPUC document repository.

The Contractor is to provide an itemized progress report on a monthly basis, in either Word or PDF format, detailing which deliverables and/or tasks were completed and how.

The Contractor should include the hours spent on the following deliverables and/or tasks, resources used, and any difficulties involved in implementing the Contractor’s work plan.

This itemized progress report will be presented to CPED three days prior to a scheduled meeting, including an agenda, orchestrated by the Contractor to discuss progress as well.

The Contract Manager will review and, if complete, will accept and approve the work prior to invoicing.

Deliverables:

Meetings

9a The Contractor will attend an in-person or virtual kickoff meeting with representatives from CPUC and Local Access Fund Administrators.

9b The Contractor will attend monthly virtual check-in meetings with CPUC Contract Manager, other CPUC staff, and Local Access Fund Administrators.

9c The Contractor will facilitate monthly virtual meetings with CPUC Contract Manager and other CPUC staff for status updates regarding Access Provider Solicitation.

9d The Contractor will provide notes for the monthly meetings with CPUC on status updates regarding Access Provider solicitation in Microsoft Word and PDF formats.

9e The Contractor may be requested to facilitate ad hoc meetings.

Communications

9f The Contractor will maintain adequate and timely communication with the CPUC Contract Manager at all times to discuss issues or concerns regarding the Contract and/or work activities in performing the objectives. At a minimum, the Contractor will meet with a representative from CPUC, once a month, to update CPUC on work performed, deliverables achieved, and changes in expectations for deliverables.

9g The Contractor will develop and retain a detailed Communications and Meetings Log describing when the Contractor participated and gathered with CPUC and Access Providers.

The Log must include:

i. Information on meeting activities.

ii. At a minimum, but not limited to the date, time, attendees, duration, summary of discussion, action items pending and completed.

iii. The Log must be provided to the CPUC Contract Manager monthly along with the invoices to both the Contractor and CPUC.

iv. Individual logs for CPUC and external meetings.

v. Due five (5) business days after the end of each month.

9h Identify and develop content for public dissemination on the CPUC’s Website about interim and final findings of the evaluation.

9i Conduct a project close-out meeting at project conclusion, at which the Self- Assessment Report will be presented.

B. Contractor Responsibilities

The Contractor is responsible for acting as the Access for All Statewide Access Fund Administrator (SAFA) for the CPUC. The Contractor’s Contract Manager will receive all project communications and is responsible to act on all aspects of the SAFA service.

The Contractor will coordinate and collaborate with the CPUC, Local Access Fund Administrators, Access Providers, Disability Communities, and the Local County Transportation Agencies to carry out the objectives, services, and activities of the Access for All Program.

Subject to the terms and conditions of this Agreement, the Contractor shall perform the following responsibilities and services determined to be necessary by the CPUC Contract Manager:

• Project Management

• Access for All SAFA responsibilities as outlined in the Scope of Work

• Maintain Key Staff roles as outlined below

I. Staffing Requirements

The Contractor is responsible for providing all staff necessary to fulfill the services and requirements defined in this SOW. The Contractor is responsible for employing an approach for staff management that facilitates a productive working relationship with CPUC staff, Local Access Fund Administrators, Access Providers, Disability Communities, and the Local County Transportation Agencies. The Contractor’s staff will proactively coordinate and work collaboratively with the CPUC. The Contractor’s staff are considered employees of the Contractor and are not CPUC or State employees.

The Contractor is responsible for recruiting, hiring, training, and supervising staff dedicated to the performance of SAFA tasks, including but not limited to: project management, information management, authorized procurement of goods and services, and general clerical and administrative functions. Contactor Key Personnel staff should have general familiarity with transportation requirements for the Access for All Program.

All costs associated with the employees (e.g., recruiting, hiring, training, equipment, and supervision) are the sole responsibility of the Contractor.

The Contractor is responsible for ensuring all Contractor staff clearly understand both initial and ongoing roles and responsibilities, how the team and assignments relate to the Project, and the overall status and plans. The CPUC requires all Contractor staff to work together cooperatively and collaboratively in the best interest of the CPUC.

All Contractor staff must have good oral, visual, and written communication skills. One aspect of good oral communication skills includes the ability to exhibit language and cultural sensitivity during the communication process. All Contractor staff must prepare for and actively participate in designated Project meetings; represent the best interests of the CPUC; identify and escalate issues as appropriate; and contribute to required status reports.

To facilitate Project progress, the Contractor must minimize staff turnover to the greatest extent possible, particularly for Key Staff as detailed below.

a. Organizational Chart

The Contractor shall provide within one (1) business day of a CPUC request, the current organization chart of the Contractor’s Project team, including the names of all Key Staff and position titles, and maintain the current organization chart in a location (e.g., SharePoint) accessible by the CPUC. The Contractor shall update the organization chart when there are changes and notify the CPUC Project Manager.

b. Staff Performance

The Contractor staff will possess the skills and experience necessary to fulfill the responsibilities of this SOW. The Contractor will be responsible for identifying and correcting performance issues for its entire staff (i.e., employees and Subcontractors).

c. Contractor/Subcontractor Management

The Contractor must employ an approach for management of Subcontractor Staff that facilitates a productive working relationship and progress towards task completion.

• The Contractor shall be responsible for the coordination, control, and performance of all Subcontractors.

• All Subcontractors shall be subject to the same requirements and standards as the Contractor.

• All Subcontractors shall satisfactorily provide services following State rules and regulations; and hours, tasks, and expenses are accounted for and properly reported.

• In the event of any performance concerns for the Contractor or Subcontractor Staff, the Contractor shall notify the CPUC Contract Manager as soon as possible, and jointly discuss the approach for resolving the concern.

II. Staffing Requirements for Key Staff

Key Staff include the Contractor’s Contract Manager, Project Manager, and Supervisor/Lead Staff. The Key Staff must meet all staffing requirements outlined in this SOW. In addition, Key Staff shall have a fundamental understanding of the SAFA services and activities, which include but are not limited to developing Local WAV programs by contracting with and obligating available funds to eligible Access Providers in the remaining geographic area(s) not already served by the LAFA. The Contractor may offer additional key personnel positions, if necessary, in response to the requirements of this SOW.

a. Contractor’s Contract Manager

Mandatory Experience: Five (5) or more years of successful relevant management and administrative experience involving contract oversight, business relationship management, fiscal management, and issue resolution for contracts of similar size and complexity.

The duties and responsibilities of the Contractor’s Contract Manager include:

• Provide an executive level of oversight for the contract and serve as the primary senior management point of contact for the contract and operations of the Access for All Statewide Fund Administrator Program;

• Manage all issues associated with contractual obligations, contract modifications, discrepancies, and other issues between Administrator, CPUC, Access Providers, Subcontractors, and other business entities; and

• Be informed and accountable for all issue resolutions regarding the contractual obligations of the Contractor.

b. Project Manager

Mandatory Experience: Five (5) or more years of successful relevant program and project management experience with funds administration and of similar size and complexity.

The Project Manager will be responsible for providing day-to-day management of Contractor resources and activities, including overall performance and contract compliance. The Project Manager will act as the primary interface with the CPUC Contract Manager. The Project Manager will ensure that the Contractor personnel possess the appropriate skills and experience necessary to fulfill the responsibilities of the contract and are available throughout the life of the contract. The duties and responsibilities of the Project Manager include:

• Responsible for the execution and overall management of the contract and the Contractor’s Team.

• Responsible for managing staff assigned to perform the duties of this Contract, including hiring, training, and supervision.

• Possess signature authority to commit the Contractor to CPUC contracts, amendments, and change notices with the CPUC.

• Act as a liaison with the CPUC Contract Manager to confirm CPUC expectations are met.

• Ensure all requirements are fulfilled including performance and Service Level Agreements (SLAs).

• Work cooperatively with the CPUC Contract Manager to resolve escalated issues including, but not limited to, contractual requirements, risk mitigation, and any other issue that requires executive management attention.

c. Supervisor/Lead staff

Mandatory Experience: Four (4) or more years of successful relevant Supervisor experience of similar size and complexity.

The Supervisor or Lead Staff will oversee project operations in the absence of the Project Manager. The Supervisor will be responsible for overseeing the day-to-day activities with the processing functions of the Access for All Program and integration of all Access for All Program components. The Supervisor will have an overall understanding of all aspects of the Contract and will handle working with new employees, including setting up training and schedules to fulfill the requirements of this SOW. The duties and responsibilities of the Supervisor/Lead staff include:

• Ensure the requirements of the SOW are fulfilled.

• Engage with the CPUC Management Team on a day-to-day basis or as needed to ensure the project receives the required commitment and support.

• Proactively collaborate and coordinate with the Access Providers, Local Transportation Agencies, LAFAs, and Disability Communities.

• Communicate and report on project progress, risks, and issues on an ongoing basis.

• Prepare special reports and presentations related to the project.

• Identify and bring forward innovation recommendations that will provide the highest value to the CPUC and the Access for All Program business operations.

• Access Provider interactions,

• Local Access Fund Administrator interactions,

• Disability Community interactions,

• Local Transportation Agency interactions,

• Responsible for overseeing the day-to day financial transactions,

• Report any waste, fraud, and abuse of funds from the Access Provider,

• Designing processes/systems that support continuous operations and managing/improving/automating these processes and systems in order to achieve the requirements outlined in the SOW.

3) Funding Allocation: Invoicing, Payment, and Disbursement

The amount of Access Funds available to the Statewide Access Fund Administrator and the Access Providers will depend on the following:

• Total amount of Access Fees ($0.10 per TNC trip originating in California) collected from each geographic area

• TNCs’ own investments in on-demand WAV expansion by geographic area

• Access Fund Administrators’ participation at the local level

This means that the available funds by geographic area will fluctuate yearly.

For the initial term (January 10, 2025 - April 30, 2027), total available funds are as follows:

• Remaining Access Funds: $20,415,203

• 15% or $3,062,280 will be allocated to the Contractor for administrative costs

• 85% or $17,352,923 will be allocated to the Access Providers to provide WAV service

By May 1 of every year, CPUC will determine and make available the remaining balance available to the Contractor. Of the total available balance, up to 15% will be allocated for the Contractor for administrative costs associated with running the program.