Countywide Bee-Line ParaTransit Innovative - Westchester County ...
Countywide Bee-Line ParaTransit Innovative - Westchester County ...
Countywide Bee-Line ParaTransit Innovative - Westchester County ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
REQUEST FOR PROPOSALS<br />
<strong><strong>County</strong>wide</strong><br />
<strong>Bee</strong>-<strong>Line</strong><br />
<strong>ParaTransit</strong><br />
<strong>Innovative</strong><br />
For Hire Car Services<br />
<strong>Westchester</strong> <strong>County</strong><br />
Dept of Public Works and Transportation<br />
April 1, 2013
<strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> Services<br />
Request For Proposals (RFP)<br />
<strong>Innovative</strong><br />
For Hire Car Services<br />
To Proposer:<br />
The <strong>Westchester</strong> <strong>County</strong> Department of Public Works and Transportation is soliciting<br />
proposals to provide <strong>Innovative</strong> For Hire Car services for a portion of riders of the <strong>County</strong>’s<br />
<strong>Bee</strong>-<strong>Line</strong> Paratransit system and in compliance with the requirements of the Americans with<br />
Disabilities Act of 1990, as amended, and Section 15-c of the New York State Transportation<br />
Law.<br />
All proposers are required to attend a mandatory proposers meeting on April 12, 2013 at<br />
11:00 AM in Room 527 of the Michaelian Office Building, 148 Martine Ave., White Plains,<br />
New York 10601. Please inform Evan Latainer (contact information below) if you plan to<br />
attend this meeting.<br />
Technical questions are due no later than April 17, 2013.<br />
Technical questions are to be mailed, faxed or e-mailed to:<br />
Chris D. Andritsopoulos<br />
Program Administrator for Transportation Operations<br />
Dept. of Transportation<br />
Tel: (914) 813-6425<br />
FAX: (914) 813-6027<br />
Email: cda4@westchestergov.com<br />
Also contact Mr.Latainer for any additional information.<br />
Proposals must be submitted no later than 11:00 a.m. on May 3, 2013<br />
Late Proposals Will Be Rejected.<br />
The expected start date of the contract associated with this RFP is August 1, 2013.<br />
ii
4.0 REQUIRED FORMS<br />
Form IV-1(A, B, C): Price Offer Forms<br />
Form IV-2: Affirmation<br />
Form IV-3: Provider's Acknowledgment<br />
Form IV-4: Certificate of Authority<br />
Form IV-5: Affirmative Action Plan Requirement<br />
Form IV-6: Criminal Disclosure (to be completed only by successful proposer in the<br />
event of contract award)<br />
Form IV-7: MacBride Certification<br />
Form IV-8: Questionnaire Regarding Business Enterprises Owned and Controlled by<br />
Persons of Color or Women<br />
Form IV-9: Qualified Transportation Fringe Program<br />
Form IV-10: Disclosure of Relationships to <strong>County</strong><br />
iii
<strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> Services<br />
<strong>Innovative</strong><br />
For Hire Car Services<br />
Request For Proposals (RFP)<br />
TABLE OF CONTENTS<br />
Section I - Administrative & General Information<br />
1.0 Purpose of RFP & Background Information<br />
2.0 Coordinating Departments<br />
3.0 Evaluation Committee<br />
4.0 Administrative and Technical Questions<br />
5.0 Due Date for Proposals<br />
6.0 Number of Copies<br />
7.0 RFP Policies and Procedures/Legal Representations & Understandings<br />
8.0 Public Disclosure of Proposal Contents<br />
9.0 Intellectual Property Rights<br />
10.0 MBE/WBE Participation<br />
11.0 Drug and Alcohol Testing<br />
12.0 Proposal Format<br />
13.0 List of Sub Providers<br />
14.0 Cost Proposal<br />
15.0 Evaluation of Proposals and Award Criteria<br />
16.0 Contract Term and Other Provisions<br />
17.0 Performance Security<br />
18.0 Liquidated Damages<br />
19.0 Notice of Award<br />
20.0 Negotiations with Selected Firm<br />
Section II - Proposal Contractor Profile/Statement of Qualifications<br />
1.0 Identification of Respondent and General Information<br />
2.0 Experience and Background of Responding Organization<br />
3.0 Personnel<br />
4.0 Vehicle and Fleet Management Capabilities<br />
5.0 Insurance<br />
6.0 Statement of Financial Condition<br />
7.0 Intentionally Omitted References<br />
8.0 Additional Information<br />
iv
Section III - Technical Proposal Requirements & Scope of Work<br />
1.0 Profile of <strong>County</strong><br />
2.0 Service Areas<br />
3.0 Days, Hours and Categories of Service Operation<br />
4.0 Fares<br />
5.0 Background Statistics & Information<br />
6.0 Other Unique Service Features<br />
7.0 Definitions<br />
8.0 Summary of <strong>Westchester</strong> <strong>County</strong> Responsibilities<br />
9.0 Summary of Provider Responsibilities<br />
10.0 Performance Measures<br />
Section IV - Cost Proposal/Forms<br />
1.0 Prices Required & Related Information<br />
2.0 Selection Investigation Criteria<br />
3.0 Criteria for Disqualification<br />
4.0 Required Forms, in addition to required information under Sections II and III<br />
Form IV-1(A, B, C): Price Offer Forms<br />
Form IV-2: Affirmation<br />
Form IV-3: Provider's Acknowledgment<br />
Form IV-4: Certificate of Authority<br />
Form IV-5: Affirmative Action Plan Requirement<br />
Form IV-6: Criminal Disclosure (to be completed only by successful proposer in the<br />
event of contract award)<br />
Form IV-7: MacBride Certification<br />
Form IV-8: Questionnaire Regarding Business Enterprises Owned and Controlled by<br />
Persons of Color or Women<br />
Form IV-9: Qualified Transportation Fringe Program<br />
Form IV-10: Disclosure of Relationships to <strong>County</strong><br />
v
APPENDICES<br />
Appendix “A”<br />
Appendix “B”<br />
Appendix “C”<br />
- Standard Insurance Provisions<br />
- Sample Operating Agreement Form<br />
- Vendor Direct Payment<br />
CON/d/CXX/For hire car RFP final 4.01.13<br />
vi
REQUEST FOR PROPOSALS (RFP)<br />
Notice is hereby given that the <strong>Westchester</strong> <strong>County</strong> Department of Public Works and<br />
Transportation is soliciting proposals to provide <strong>Innovative</strong> For Hire Car services for a portion<br />
of riders of the <strong>County</strong>’s <strong>Bee</strong>-<strong>Line</strong> Paratransit system in compliance with the requirements of<br />
the Americans with Disabilities Act of 1990, as amended, and Section 15-c of the New York<br />
State Transportation Law.<br />
The RFP document may be obtained by contacting Evan Latainer, Director, <strong>Westchester</strong><br />
<strong>County</strong> Office for the Disabled, 148 Martine Avenue, White Plains, New York 10601,<br />
telephone (914) 995-2958 or online at http://rfp.westchestergov.com/rfp/rfps.jsp under, “CE-<br />
Office for the Disabled” or at www.HudsonValleyBidNet.com under RFP-OFD13-100<br />
The deadline for the receipt of proposals is 11:00 a.m., May 3, 2013, which proposals must<br />
be delivered before the deadline to Evan Latainer, Director, <strong>Westchester</strong> <strong>County</strong> Office<br />
for the Disabled, 148 Martine Avenue, White Plains, New York 10601.<br />
All proposers are required to attend a mandatory proposers meeting on April 12, 2013 at<br />
11:00 AM in Room 527 of the Michaelian Office Building, 148 Martine Ave., White Plains,<br />
New York 10601. The deadline for all technical questions is April 17, 2013. Proposals<br />
received after the deadline for receipt of proposals will be considered late and will be returned<br />
unopened to the proposer.<br />
The expected start date of the contract associated with this RFP is August 1, 2013.<br />
All proposers will be required to comply with all applicable Equal Opportunity laws and<br />
regulations.<br />
Pursuant to Local Law No. 27-1997, it is the goal of the <strong>County</strong> to encourage and support<br />
significant, meaningful participation by business enterprises owned and controlled by people<br />
of color and/or women (MBE/WBE) in contracts and projects funded by the <strong>County</strong>.<br />
The <strong>County</strong> of <strong>Westchester</strong> reserves the right to reject any and all proposals, in whole or in<br />
part, to enter into multiple contracts, and to make an award(s) as deemed in the best interest<br />
of the <strong>County</strong>. Further, the <strong>County</strong> reserves the right to waive any formalities or informalities<br />
contained in the RFP.<br />
Proposals may not be withdrawn for sixty (60) days after the RFP due date noted above.<br />
<strong>County</strong> of <strong>Westchester</strong><br />
Dept. of Public Works and Transportation<br />
Jay T. Pisco, Commissioner<br />
Dated: April 1, 2013<br />
vii
SECTION I<br />
ADMINISTRATIVE & GENERAL INFORMATION<br />
1.0 Purpose of RFP & Background Information<br />
The <strong>Westchester</strong> <strong>County</strong> Department of Public Works and Transportation is<br />
soliciting proposals to provide <strong>Innovative</strong> For Hire Car services for a portion of<br />
riders of the <strong>County</strong>’s <strong>Bee</strong>-<strong>Line</strong> Paratransit system in compliance with the<br />
requirements of the Americans with Disabilities Act of 1990, as amended, and<br />
Section 15-c of the New York State Transportation Law.<br />
The Americans with Disabilities Act mandates <strong>Westchester</strong> <strong>County</strong> to provide<br />
Paratransit services for people whose disabilities prevent them from using fixed<br />
route buses. The <strong>County</strong> meets this obligation through its Paratransit Program<br />
which has been in existence since 1983. <strong>ParaTransit</strong> is a seven day a week,<br />
demand-responsive, advance-reservation, curb-to-curb, door to door service for<br />
eligible individuals traveling within <strong>Westchester</strong> <strong>County</strong> and to or from limited<br />
areas of Bronx <strong>County</strong>, Putnam <strong>County</strong> and Connecticut. The <strong>County</strong> contracts<br />
with a primary transportation company (the “Primary Para transit Contractor”) to<br />
provide para transit services utilizing para transit buses, shuttles and transit<br />
connect vehicles owned by the <strong>County</strong>. In an effort to improve the efficiency of<br />
the Para transit program while also reducing the overall costs of the program, the<br />
<strong>County</strong> is seeking proposals for innovative para transit services to be provided by<br />
For Hire Car Services. The For Hire Car service would provide transportation<br />
services to a certain portion of para transit riders that schedule up to seven (7)<br />
days in advance, (with no same day service permitted) and this will reduce the<br />
number of trips to be provided by the <strong>County</strong>’s Primary Para transit Contractor.<br />
The work to be provided by the For Hire Car Service shall only be MONDAY<br />
through FRIDAY, with the <strong>County</strong> providing a list of rides to the For Hire Car<br />
Service one day in advance. Any contract resulting from this RFP will be nonexclusive<br />
and there will be NO MINIMUM AMOUNT OF WORK GUARANTEE.<br />
Prior to the commencement of any work under a contract resulting from<br />
this RFP, the successful proposer must show proof of licensing by the<br />
<strong>Westchester</strong> <strong>County</strong> Taxi and Limousine Commission (“WCTLC”).<br />
Proposals may be submitted by entities that are not currently licensed by<br />
the WCTLC, but any contract award will be contingent upon receipt of<br />
WCTLC licensing.<br />
<strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong>, upon prior request, may approve providing additional<br />
assistance between curbside and the building’s entrance, known as “Origin-to-<br />
Destination Service” (See Section III, 7.0 Definitions), which additional service<br />
would be provided by the For Hire Car Service.<br />
1
The <strong>Westchester</strong> <strong>County</strong> Office for the Disabled (WCOFD) is responsible for<br />
determining eligibility, registering customers, accepting trip reservations,<br />
managing complaints, scheduling trips and monitoring the day-to-day operation<br />
of the service.<br />
The <strong>County</strong> uses a software system (Trapeze) that offers real-time, automated<br />
scheduling and dispatching capabilities. The For Hire Car Service must have<br />
EXCEL to retrieve the trip list from the <strong>County</strong>.<br />
The successful proposer (hereinafter referred to also as the “Proposer”, “For Hire<br />
Car Service, “Provider” or “Contractor”) will be responsible for hiring and training<br />
drivers, dispatchers, road supervisors and office staff. The Provider will also be<br />
responsible for dispatching and scheduling the portion of trips that <strong>County</strong><br />
provides on a daily basis and investigating complaints; maintaining certain<br />
financial and operating statistics, and generally insuring that the highest quality<br />
service is provided in accordance with the service-specification.<br />
The Provider will be paid per “Trip”. (See Section III, 7.0 Definitions).<br />
The Provider must supply and equip each vehicle used in service a<br />
communications system such as a two-way radio, and/or cell phone with a hands<br />
free device and have each vehicle equipped with an MDT (Mobile Data<br />
Terminal), with capabilities of receiving scheduled trips, GPS,AVL, and reporting<br />
functions. The provider must also have the appropriate structure considered as a<br />
base.<br />
Specifics on Provider requirements are found in Section III. These provisions will<br />
be incorporated into the Provider’s contract, if any.<br />
2
2.0 Coordinating Departments<br />
Prior to Award of Contract<br />
The <strong>Westchester</strong> <strong>County</strong> Dept of Public Work and Transportation (DPW/DOT) is<br />
responsible for coordinating the issuance of the RFP:<br />
Contacts:<br />
Evan Latainer, Director<br />
<strong>Westchester</strong> <strong>County</strong> Office for the Disabled<br />
148 Martine Avenue<br />
White Plains, New York 10601<br />
Tel: (914) 995-2958<br />
Email: ehl2@westchestergov.com<br />
Chris D. Andritsopoulos<br />
<strong>Westchester</strong> <strong>County</strong> Dept. of Public Works and Transportation<br />
100 East First Street<br />
Mount Vernon, New York 10550<br />
Tel: (914) 813-6425<br />
Email: cda4@westchestergov.com<br />
After Award of Contract/Prior to Execution of Contract<br />
The Dept. of Public Works and Transportation will be responsible for coordinating<br />
with the <strong>Westchester</strong> <strong>County</strong> Attorney’s Office and the Provider regarding the<br />
execution of the contract.<br />
3.0 Evaluation Committee<br />
The RFP Evaluation Committee shall be established exclusively for the purpose<br />
of this project and will include representatives the following <strong>County</strong> agencies:<br />
Office for the Disabled and the Department of Public Works, and Transportation<br />
(WCDPW&T), <strong>Westchester</strong> <strong>County</strong> Taxi and Limousine Commission (WCTLC)<br />
and <strong>County</strong> Budget Dept.<br />
4.0 Administrative and Technical Questions<br />
Questions regarding this RFP must be submitted in writing to the contact listed in<br />
paragraph 2 above (Evan Latainer). Use of e-mail will be permitted to expedite<br />
communications. All e-mail communications must be followed with a hard copy.<br />
3
The Evaluation Committee will develop responses to questions in the form of an<br />
Addendum to this RFP, if necessary.<br />
5.0 Due Date for Proposals<br />
Proposals must be submitted to the attention of the Director of the Office for the<br />
Disabled listed in paragraph 3.0 above, by 11:00 a.m. on May 3, 2013.<br />
In the interest of fairness to all participants, no extensions or exceptions will be<br />
permitted unless issued as an Addendum to this RFP and applicable to all<br />
Proposers. Notification of any change in deadline for submission of proposals<br />
will be issued in writing by the <strong>County</strong> to all known prospective contractors.<br />
6.0 Number of Copies<br />
One (1) original printed copy plus one (1) CD of the Proposal are required.<br />
7.0 RFP Policies and Procedures/Legal Representations & Understandings<br />
By submission of a proposal in response to this request for proposals, proposing<br />
entity agrees to and understands:<br />
• that any proposal, attachments, additional information, etc. submitted<br />
pursuant to this Request for Proposals constitute merely a suggestion to<br />
negotiate with the <strong>County</strong> of <strong>Westchester</strong> and is not a bid under Section 103<br />
of the New York State General Municipal Law;<br />
• submission of a proposal, attachments, and additional information shall not<br />
entitle the proposing entity to enter into a service agreement with the <strong>County</strong><br />
of <strong>Westchester</strong> for the required services;<br />
• by submitting a proposal, the proposing entity agrees and understands that<br />
the <strong>County</strong> of <strong>Westchester</strong> is not obligated to respond to the proposal, nor is it<br />
legally bound in any manner whatsoever by submission of same;<br />
• that any and all counter-proposals, negotiations or any communications<br />
received by a proposing entity, its officers, employees or agents from the<br />
<strong>County</strong>, its elected officials, officers, employees or agents, shall not be<br />
binding against the <strong>County</strong> of <strong>Westchester</strong>, its elected officials, officers,<br />
employees or agents unless and until a formal written agreement for the<br />
services sought by this RFP is duly executed by both parties and approved by<br />
the <strong>Westchester</strong> <strong>County</strong> Board of Acquisition & Contract, and the Office of the<br />
<strong>Westchester</strong> <strong>County</strong> Attorney.<br />
4
In addition to the foregoing, by submitting a proposal, the proposing entity also<br />
understands and agrees that the <strong>County</strong> of <strong>Westchester</strong> reserves the right, and<br />
may at its sole discretion exercise, the following rights and options with respect to<br />
this Request for Proposals:<br />
• To reject any or all proposals;<br />
• To issue additional solicitations for proposals and/or amendments to this<br />
RFP;<br />
• To waive any irregularities in proposals received after notification to<br />
proposers affected;<br />
• To select any proposal as the basis for negotiations of a contract, and to<br />
negotiate with one or more of the proposers for amendments or other<br />
modifications to their proposals;<br />
• To conduct investigations with respect to the qualifications of each proposer;<br />
• To exercise its discretion and apply its judgment with respect to any aspect of<br />
this RFP, the evaluation of proposals, and the negotiations and award of any<br />
contract;<br />
• To enter into an agreement for only portions (or not to enter into an<br />
agreement for any) of the services contemplated by the proposals with one or<br />
more of the proposers;<br />
• To select the proposal that best satisfies the interests of the <strong>County</strong> and not<br />
necessarily on the basis of price or any other single factor;<br />
• While this is a Request For Proposals and not a bid, the <strong>County</strong> reserves the<br />
right to apply the case law under General Municipal Law § 103 regarding<br />
bidder responsibility in determining whether a proposer is a responsible<br />
vendor for the purpose of this RFP process;<br />
• The <strong>County</strong> assumes no responsibility or liability of any kind for costs incurred<br />
in the preparation or submission of any proposal;<br />
• The <strong>County</strong> is not responsible for any internal or external delivery delays<br />
which may cause any proposal to arrive beyond the stated deadline. To be<br />
considered, proposals MUST arrive at the place specified herein and be time<br />
stamped prior to the deadline.<br />
5
• Evaluation criteria are not necessarily listed in order of importance. The<br />
<strong>County</strong> reserves the right to weigh its evaluation criteria in any manner it<br />
deems appropriate.<br />
• Anyone who intends to submit a Proposal must contact the WCOFD directly<br />
and specifically request a copy of this RFP. WCOFD has responsibility for<br />
maintaining a control list of all potential Proposers.<br />
• The award, of any contract will be made as judged to be in the best interest of<br />
the <strong>County</strong>. It is the <strong>County</strong>’s intent to select the Proposer(s) that provide the<br />
best solutions for WCOFD’s needs.<br />
• Reference is made to the Sample Operating Agreement (Appendix “B”)<br />
enclosed, for the terms and conditions of the Agreement to be entered into,<br />
including indemnification and insurance. The Sample Operating Agreement<br />
is subject to revision arising out of the terms and conditions imposed by law<br />
and/or deemed appropriate by the <strong>County</strong> Attorney’s office and/or final<br />
contract negotiations. The Proposer’s responses to this RFP, as may be<br />
subsequently modified in negotiations with the <strong>County</strong>, may be included as<br />
exhibits in any contract that the <strong>County</strong> may execute with the Proposer.<br />
• The decision to award a contract shall be based on the Proposer’s ability to<br />
provide quality services and products and to comply with all applicable laws,<br />
rules and regulations.<br />
• Each Proposal will be examined to determine whether it is responsive to the<br />
requirements of this RFP. All responsive proposals will be evaluated in<br />
accordance with the criteria set forth herein. Proposals may be rejected if<br />
they show any alteration of terms, conditions, or alternate proposals not<br />
invited, in complete forms, or irregularities of any kind. Alternate Proposals<br />
will be considered only at the discretion of the <strong>County</strong>. More than one<br />
Proposal from an individual, firm, partnership, corporation, or association<br />
under the same or different names for each license offered will not be<br />
considered.<br />
• Based on the evaluation criteria, please note that the <strong>County</strong> will not<br />
necessarily choose the Contractor(s) with the lowest proposed fees to the<br />
<strong>County</strong>. A competitive range consisting of those proposals which are<br />
acceptable to the <strong>County</strong>, or which could be made acceptable following<br />
written or oral presentations, will be determined. Following discussions and<br />
clarifications, if necessary, it is anticipated that a final selection will be made.<br />
6
• As part of the proposal review process, the <strong>County</strong> may opt to conduct on-site<br />
inspection(s) of facilities proposed by prospective contractors for the<br />
purposes of this contract. In such cases, the prospective contractor will permit<br />
<strong>County</strong> personnel to visit the facilities, conduct inspection(s), and make<br />
available to the <strong>County</strong>, during and for the purpose of the inspection,<br />
responsible, knowledgeable personnel to answer questions regarding these<br />
facilities and the prospective Contractor’s proposal as it relates to those<br />
facilities.<br />
8.0 Public Disclosure of Proposal Contents<br />
The New York State Freedom of Information Law as set forth in Public Officers<br />
Law, Article 6, Sections 84-90, mandates public access to government records.<br />
However, proposals submitted in response to this RFP may contain technical,<br />
financial background or other data, public disclosure of which could cause<br />
substantial injury to the proposer's competitive position or constitute a trade<br />
secret. Proposers who have a good faith belief that information submitted in their<br />
proposals is protected from disclosure under the New York Freedom of<br />
Information Law shall:<br />
a) Insert the following notice in the front of its proposal<br />
and<br />
“NOTICE<br />
The data on pages _____ of this proposal identified by an<br />
asterisk (*) contains technical or financial information<br />
constituting trade secrets or information the disclosure of<br />
which would result in substantial injury to the proposer’s<br />
competitive position.<br />
The proposer requests that such information be used only<br />
for the evaluation of the proposal, but understands that any<br />
disclosure will be limited to the extent that the <strong>County</strong><br />
considers proper under the law. If the <strong>County</strong> enters into an<br />
agreement with this proposer, the <strong>County</strong> shall have the<br />
right to use or disclose such information as provided in the<br />
agreement, unless otherwise obligated by law.”<br />
b) clearly identify the pages of the proposals containing such information by<br />
typing in bold face on the top of each page “ * THE PROPOSER BELIEVES<br />
THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER<br />
THE STATE FREEDOM OF INFORMATION LAW.”<br />
7
The <strong>County</strong> assumes no liability for disclosure of information so identified,<br />
provided that the <strong>County</strong> has made a good faith legal determination that the<br />
information is not protected from disclosure under applicable law or where<br />
disclosure is required to comply with an order or judgment of a court of<br />
competent jurisdiction.<br />
The contents of the proposal, which is accepted by the <strong>County</strong>, except portions<br />
“Protected from Disclosure”, may become part of any agreement resulting from<br />
this RFP.<br />
9.0 Intellectual Property Rights – Intentionally Omitted<br />
10.0 MBE/WBE Participation<br />
Pursuant to Local Law No. #27-1997 of <strong>Westchester</strong> <strong>County</strong>, it is the policy of the<br />
<strong>County</strong> to encourage the meaningful and significant participation in <strong>County</strong><br />
contracts for business enterprises owned by persons of color and women:<br />
Minority Business-Enterprise (MBE) and Women Business Enterprise (WBE). In<br />
furtherance of that policy, contractors will be required to complete a MBE/WBE<br />
questionnaire.<br />
11.0 Drug and Alcohol Testing<br />
Prior to the commencement of any work to be provided under a contract resulting<br />
from this RFP, the successful For Hire Car service shall be required to have in<br />
place a Substance Abuse Program in accordance with the requirements<br />
specified herein and shall comply with the <strong>Westchester</strong> <strong>County</strong> Taxi and<br />
Limousine requirements for drug and alcohol testing.<br />
12.0 Proposal Format<br />
In order to be considered for selection, Proposers must submit a complete<br />
response to this RFP.<br />
In addition to other requirements specified herein, Proposals must include the<br />
following:<br />
a. Transmittal Letter signed by a corporate officer or an authorized agent. The<br />
letter shall state the contact person who will be responsible for answering any<br />
questions asked by the <strong>County</strong> Evaluation Committee. Include telephone number<br />
and email for such contact person.<br />
8
. Completion of all schedules attached hereto.<br />
c. Proposer’s Profile Response to Questions set forth in Section II. This section will<br />
be used in the <strong>County</strong>’s evaluation of the Contractor general qualifications.<br />
d. Contractors’ Proposed Tech. Services - Response to items set forth in Section III.<br />
This section will be used in the <strong>County</strong>’s evaluation of the Contractor’s proposed<br />
technical services.<br />
e. Price Proposal Forms<br />
13.0 List of Sub-providers<br />
The use of sub-providers will not be permitted under this contract.<br />
14.0 Cost Proposal<br />
Use the format (expand as appropriate) set forth in Section IV, entitled “Cost<br />
Proposal/Forms” for specified requirements. The Cost Proposal should be<br />
submitted in the same package as other items required by this RFP.<br />
15.0 Evaluation of Proposals and Award Criteria<br />
The final selection of the Provider or Providers to be recommended for award will<br />
be made by the Evaluation Committee after careful review of the proposals and,<br />
at its option, interview(s) with the most responsive firm(s). Evaluation criteria are<br />
listed below.<br />
Criteria<br />
a. General Qualifications:<br />
The proposed vendor must have a minimum of at least (3) three years<br />
in demand responsive transportation services.<br />
The successful proposer must comply with all <strong>Westchester</strong> <strong>County</strong><br />
Taxi and Limousine Commission (WCTLC) protocols and procedures<br />
including, but limited to, properly licensed base station, cars and<br />
drivers. Prior to the commencement of any work under a contract<br />
resulting from this RFP, the successful proposer must show proof of<br />
licensing by the WCTLC. The Rules and Regulations and<br />
applications for drivers, base station and vehicles for the WCTLC<br />
can be found at tlc.westchestergov.com.<br />
Firm’s history, expertise, experience, reliability, financial viability,<br />
references, and completeness of response to RFP, including but not<br />
9
limited to copies of reports, certificates etc. See Section II, entitled<br />
“Provider Profile,” for specific requirements.<br />
b. Proposed Technical Services/Products:<br />
Strategies, methodologies, service and management and staffing plan,<br />
hiring, training and safety programs, including special training for<br />
paratransit customers, fleet maintenance capabilities, maintenance and<br />
history and adequacy of operations facility, See Section III entitled<br />
“Technical Proposal Requirements & Scope of Work”.<br />
c. Cost Proposal:<br />
After evaluations of a. and b. above, Section IV, Cost Proposals will be<br />
considered.<br />
16.0 Contract Term and Other Provisions<br />
a. Reference is made to the Sample Operating Agreement Form which is<br />
included in Appendix “B” of this RFP, for the terms and conditions of the<br />
Agreement to be entered into, including indemnification and insurance. The<br />
sample agreement is subject to revisions arising out of the terms and<br />
conditions imposed by law and/or deemed appropriate by the <strong>County</strong>.<br />
b. Reimbursements for trips will be based upon the actual number of Trips<br />
(Section III, 7.0 Definitions) of service operated, less any monies withheld<br />
pursuant to the terms of the agreement.<br />
c. It is anticipated that the Term of Agreement will commence on<br />
approximately June 3, 2013 and run through December 31, 2014, with<br />
the <strong>County</strong>’s option to extend the Agreement for one additional one year<br />
period on the same terms and conditions.<br />
d. The Provider’s responses to this RFP, as may be subsequently modified in<br />
negotiations with the <strong>County</strong>, may be included as exhibits in any contracts<br />
that the <strong>County</strong> may execute with the Provider.<br />
17.0 Performance Security<br />
The Operator shall furnish within ten (10) days of the award and at its own<br />
expense, a performance and payment bond in a form (copy available upon<br />
request) approved by the <strong>County</strong> Attorney’s Office (from a surety that appears<br />
on the U.S. Treasury’s listing of approved sureties, Department Circular 570, and<br />
is licensed to transact business in New York State) or certified check payable to<br />
10
<strong>Westchester</strong> <strong>County</strong> in a sum equal to ten percent (10%) of the estimated annual<br />
payment for the first year to ensure the faithful performance of the contract and<br />
for the payment of all persons performing labor and furnishing materials in<br />
connection with the contract. In the alternative, the <strong>County</strong> shall retain 10%<br />
of the payments due the Operator up to a maximum of 10% of the estimated<br />
annual payment due the Operator for the first year until the Operator has<br />
satisfactorily completed its obligations under the contract. The estimated<br />
annual payment for the first year of service shall be calculated based on the<br />
Price Offer Form. An updated performance bond, payment retainage,<br />
irrevocable letter of credit, or certified check shall be submitted annually 30 days<br />
prior to the commencement of the contract term beyond one year and the option<br />
year of the contract. If at any time the surety shall be or become unsatisfactory<br />
to the <strong>County</strong>, then in that case the provider shall, upon ten (10) days notice<br />
thereof in writing from the <strong>County</strong>, furnish a new and additional bond in place of<br />
the original bond.<br />
18.0 Liquidated Damages<br />
The final contract between the <strong>County</strong> and the Provider will provide for liquidated<br />
damages. The liquidated damages will be assessed for non-compliance with<br />
service specifications. Please refer to the sample Operating Agreement for<br />
detailed information on the liquidated damages.<br />
19.0 Notice of Award<br />
The successful Proposer will be notified of the award of contract in writing by the<br />
<strong>County</strong>. All firms submitting a proposal in response to this RFP will be notified of<br />
the <strong>County</strong>’s selection of the successful Proposer. The <strong>County</strong> reserves the right<br />
to reject any and all proposals. No contract becomes valid until it has been<br />
approved by the <strong>County</strong> Attorney and signed by the <strong>County</strong> Executive or his<br />
designee.<br />
20.0 Negotiations with Selected Firm<br />
The <strong>County</strong> will negotiate with the selected firm to establish a contract. If<br />
unsuccessful, the <strong>County</strong> may elect to proceed with the next most highly rated<br />
firm until an agreement in the <strong>County</strong>’s best interest has been reached or all<br />
efforts are exhausted.<br />
11
SECTION II<br />
CONTRACTOR PROFILE/STATEMENT OF QUALIFICATIONS<br />
All respondents must use this packet in developing their qualification submission. The<br />
enclosed outline is structured to assist in the evaluation process and has ample<br />
opportunity at its conclusion for submission of additional information which may be<br />
relevant but has not been specifically requested. If insufficient space is provided to<br />
respond to a particular request, please attach exhibits as necessary.<br />
1.0 Identification of Respondent and General Information:<br />
Identification of Respondent<br />
Name of Organization:<br />
Business Address:<br />
Telephone Number: ( )<br />
1.1 Legal Status of Organization (check one):<br />
For-profit corporation or joint venture corporation<br />
Non-profit corporation<br />
Public agency<br />
Other (identify)<br />
1.2 Name of Chief Executive Officer (or Administrator) of Organization:<br />
1.3 Name of individual designated or authorized to bind the organization<br />
contractually:<br />
Name:<br />
Title:<br />
Telephone No. ( )<br />
12
1.4 Are there any liens against the property owned by your organization or<br />
existing legal suits (pending) which potentially impact the financial stability<br />
of your organization.<br />
YES<br />
NO<br />
If YES, please explain:<br />
2.0 Experience and Background of Responding Organization<br />
2.1 How many years has your organization been in the transportation business<br />
2.2 Does your organization have a minimum of 3 years experience providing demand<br />
responsive service involving a minimum of 10 vehicles in service simultaneously<br />
and or 5 years experience providing public transit<br />
2.3 Do you have authority from NYSDOT to operate as a carrier of passengers by<br />
motor vehicle within <strong>Westchester</strong>, Putnam, and Rockland Counties, Bronx<br />
<strong>County</strong> and/or New York City<br />
<strong>Westchester</strong><br />
Putnam<br />
Rockland<br />
Bronx/New York City<br />
YES<br />
NO<br />
If YES to any of the above, what is your case number<br />
For those counties which you answered no, provide information about what steps<br />
have been taken, or will be taken, to obtain this authority (include date that the<br />
application was/will be filed):<br />
13
2.4 Intentionally Omitted<br />
2.5 List all contracts for service your organization has had over the previous 3 years<br />
with a similar volume workload. (Attach additional sheet if necessary)<br />
Agency/Organization<br />
Address/City/State/Zip<br />
Contact Person & Title<br />
Telephone Number<br />
Value of Contract<br />
Term of Contract<br />
Population<br />
14
SERVICES TO PROVIDED BY YOUR ORGANIZATION FOR THIS<br />
CONTRACT:<br />
Number of Vehicles<br />
______ Scheduling<br />
______ Vehicles<br />
______ Staff training<br />
______ Staff supervision<br />
______ Road Supervision<br />
______ Complaint Investigation<br />
______ Complaint Response<br />
______ Vehicle Insurance<br />
______ Property/worker compensation<br />
______ Radios & radio communications<br />
______ Other (Specify)<br />
2.6 Please attach a copy of your proposed organizational chart for this contract.<br />
Show titles, and number of person(s) holding each title, and a job description for<br />
each title. Also attach one copy of your operating plan. The operating plan<br />
should, at a minimum, identify who within the organization is responsible for each<br />
one of the areas identified below, the resumes of the individuals proposed to be<br />
in the positions and the number of people in each position.<br />
• safety<br />
• hiring<br />
• training<br />
• accidents (reporting, review, prevention)<br />
• quality control (i.e. insuring each individual does their job properly and that<br />
each trip provided is of the highest quality and is done in accordance with<br />
the standards set by the <strong>County</strong>.<br />
• billing<br />
• complaint resolution (i.e. reviewing and responding, analyzing trends,<br />
developing strategies for minimizing the reoccurrence of problems,<br />
implementing strategies).<br />
• computer equipment<br />
• data management<br />
• dispatching<br />
Additionally the plan must include a staffing plan showing coverage on<br />
weekdays, and holidays (holidays falling on weekdays only).<br />
Identify who will serve as the project manager and attach his/her resume.<br />
Name:<br />
15
3.0 Personnel<br />
3.1. What are the minimum hiring criteria for your drivers<br />
3.2 Describe the screening process an applicant must go through prior to being hired<br />
as a driver (e.g., pre-employment drug testing, review of driver's<br />
abstract/maximum points on the license allowed, references, previous<br />
employment verification, etc.):<br />
3.3 How many drivers do you currently employ ________________<br />
How many of these drivers have a <strong>Westchester</strong> <strong>County</strong> Taxi & Limousine<br />
For-Hire Driver Permit________<br />
How many of these are New York State DMV 19A certified _____________<br />
Are your drivers represented by a union YES NO<br />
If YES, indicate which union:<br />
__<br />
Other related comments__________________________________________<br />
16
3.4.1 Describe the driver training program, and any refresher programs.<br />
3.4.2 What kind of training is given to office staff to sensitize them to working with<br />
individuals with disabilities<br />
3.5 Does the company have an established Accident Review Board<br />
YES<br />
NO<br />
If YES, please describe the composition of the board, the frequency with which it<br />
meets and its procedures.<br />
17
4.0 Vehicle and Fleet Management Capabilities<br />
4.1 Does your organization have a vehicle maintenance facility<br />
YES<br />
NO<br />
If YES, provide below the address of this facility at which you propose to operate<br />
this service below:<br />
Address:<br />
4.2 Does your organization own or lease this facility<br />
Own Lease Years remaining on lease ______<br />
4.3 Are your vehicles routinely inspected by NYSDOT<br />
YES<br />
NO<br />
4.4 If you presently own or lease radio or any other communications equipment that<br />
could be made available for this service, describe that equipment:<br />
1. Base Station<br />
• Location of transmitter….<br />
• Power……………………<br />
• Frequencies………………<br />
• Effective Range…………..<br />
18
2. Mobile Units/Cell Phones/MDT’s<br />
• Types/Number of Units………<br />
• Effective Range………….<br />
• Frequencies…………………<br />
4.5 Please provide a detailed summary on how your firm will be scheduling trips for<br />
the <strong>County</strong> paratransit services and what software systems will be utilized for this<br />
function.<br />
5.0 Insurance<br />
The Contractor will supply the required insurance as indicated in Appendix “A”<br />
Standard Insurance Provisions and must be in compliance with State DOT and of<br />
The <strong>Westchester</strong> <strong>County</strong> TLC provisions.<br />
6.0 Statement of Financial Condition<br />
Each proposer must submit a statement of financial condition which<br />
demonstrates that the organization is in sound financial condition or that<br />
appropriate measures are being taken to address any identified financial<br />
problems.<br />
19
6.1 An audited financial statement for the most recently completed fiscal year of the<br />
organization must be submitted. An organization shall be considered, for<br />
qualification purposes, to be in sound financial condition if the auditor has<br />
rendered an unqualified opinion and the organization's assets exceed its<br />
liabilities. If the auditor has issued a qualified opinion or the organization's<br />
liabilities exceed its assets (or both), a detailed statement identifying measures<br />
being taken to address such deficiencies and/or deficits, including a projected<br />
date for the achievement of sound financial condition, or an acceptable<br />
explanation of such deficiencies and/or deficits must accompany the audit. The<br />
statement must be signed by the organization's authorized signatory. If a<br />
satisfactory statement of remedial measures is not submitted as required, the<br />
proposal will be automatically rejected. If the submitted audit contains a<br />
disclaimer of opinion, an adverse opinion, or a special report opinion, the<br />
proposal may be rejected.<br />
6.2 In the case of a for-profit organization that is a subsidiary whose financial<br />
statements are consolidated into the parent company's financial statement,<br />
submit the consolidated financial statements where required by section 6.1.<br />
6.3 Provide information on any bankruptcy proceedings which the proposer or any of<br />
its affiliates have been involved in within the last 10 years.<br />
6.4 Provide information on any fines or liquidated damages which have been paid by<br />
the Proposer or any of its affiliates within the last 3 years.<br />
7.0 References<br />
Please indicate at least three client references for similar projects.<br />
1. _______________________________________________________<br />
2. _______________________________________________________<br />
3. _______________________________________________________<br />
20
8.0 Additional Information<br />
Provide or describe any additional information which you believe may be relevant<br />
to the evaluation of your organization's qualifications.<br />
21
SECTION III<br />
TECHNICAL PROPOSAL REQUIREMENTS & SCOPE OF WORK<br />
1.0 Profile of the <strong>County</strong><br />
<strong>Westchester</strong> <strong>County</strong> is located immediately north of New York City (the Bronx)<br />
and encompasses approximately 450 square miles. <strong>Westchester</strong> <strong>County</strong> is,<br />
served by the <strong>Bee</strong>-<strong>Line</strong> bus system and by three commuter rail lines along with<br />
Amtrak. Several of the commuter rail stations are fully accessible to people with<br />
disabilities. There is also a regional airport. According to the 2010 U. S. Census,<br />
the population of the <strong>Westchester</strong> <strong>County</strong> is 949,113 of which approximately<br />
5,000 people are registered for <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong>.<br />
2.0 Service Areas<br />
1) <strong>Westchester</strong> <strong>County</strong> will be divided into two zones for this RFP; North<br />
and South.<br />
The boundary between North <strong>County</strong> - Zone N and South <strong>County</strong> - Zone S<br />
is the corridor of interstate 287, with the exception of straight trips<br />
originating in the South Zone to the <strong>Westchester</strong> Medical Center located in<br />
Valhalla, New York; these trips, although crossing from the South Zone to<br />
the North Zone will be paid at the South Zone trip rate. Any other trips<br />
crossing the boundary will require a transfer and the For Hire Car Service<br />
will receive both the North Zone rate and the South Zone rate.<br />
2.1 Coordination with Adjacent Transit Agencies<br />
<strong>Westchester</strong> <strong>County</strong> is located between New York City on the south, the State of<br />
Connecticut on the east, Putnam <strong>County</strong> to the north and the Hudson River and<br />
Rockland <strong>County</strong> on the west. <strong>Bee</strong>-line <strong>ParaTransit</strong> has transfer agreements<br />
with the Metropolitan Transportation Authority (MTA), Putnam <strong>County</strong>, and CT<br />
Transit paratransit programs. The present transfer locations are listed below but<br />
are subject to change. Note that there is no transfer agreement between<br />
<strong>Westchester</strong> and Rockland Counties.<br />
Transfer Locations<br />
Coordinating Agency<br />
MTA New York City Transit<br />
Putnam <strong>County</strong><br />
Location<br />
259th Street & Riverdale Ave., Bronx<br />
Boston Road and Ropes Ave. Bronx<br />
Jefferson Valley Mall, Yorktown Hghts.<br />
22
Transportation (PART<br />
Service)<br />
CT Transit<br />
Rockland <strong>County</strong> T.R.I.P.S.<br />
Main St. & <strong>Westchester</strong> Ave.<br />
Port Chester<br />
White Plains Trans Center<br />
3.0 Days, Hours and Categories of Service<br />
For Hire Car Service will provide curb-to-curb/ door to door <strong>ParaTransit</strong> service to<br />
assigned riders anywhere within <strong>Westchester</strong> <strong>County</strong> during the following “core<br />
service” days/hours:<br />
Monday through Friday 6:00 a.m. – 7:00 p.m.<br />
At other times, “ADA ¾ mile mandated service” is provided. Therefore, the<br />
provider will provide curb-to-curb service to assigned <strong>ParaTransit</strong> eligible<br />
individuals within ¾ mile of all routes of the <strong>Bee</strong>-<strong>Line</strong> System fixed-route bus<br />
service, but only during the service hours of each route. Note that service hours<br />
on routes of the fixed-route system vary. Therefore, ADA mandated service<br />
currently operates seven days-a-week, but the service area varies on those days<br />
by time of day depending on the service hours of each bus route.<br />
Proposers should be aware that currently one or more <strong>Bee</strong>-<strong>Line</strong> System fixedroutes<br />
is/are operating during the following hours:<br />
Monday through Friday<br />
Saturdays<br />
Sundays<br />
5:00 a.m. – 1:40 a.m.<br />
5:30 a.m. – 1:40 a.m.<br />
5:50 a.m. – 12:35 a.m.<br />
With all of the above details in force regarding “core service” and “ADA ¾ mile<br />
mandated service”, <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> may also approve provide “origin-todestination<br />
service”, which is defined as additional assistance between curbside<br />
and the building’s entrance. The <strong>Westchester</strong> <strong>County</strong> <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong><br />
Origin-to-Destination Policy is included in Section III, 7.0 (Definitions) of this RFP<br />
document.<br />
23
3.1 Holidays<br />
<strong>ParaTransit</strong> does not operate on Christmas and Thanksgiving.<br />
Holiday<br />
New Years Day<br />
Martin Luther King’s Birthday<br />
Lincoln’s Birthday<br />
President’s Day<br />
Memorial Day<br />
Independence Day<br />
Labor Day<br />
Columbus Day<br />
Election Day<br />
Veteran’s Day<br />
Schedule type<br />
Sunday<br />
Saturday<br />
Weekday<br />
Saturday<br />
Sunday<br />
Sunday<br />
Sunday<br />
Weekday<br />
Weekday<br />
Weekday<br />
4.0 Fare portion paid by Rider<br />
The <strong>Westchester</strong> <strong>County</strong> Commissioner of Public Works and Transportation<br />
(WCDPW & T) sets the fares to be paid by the rider and the fares are subject to<br />
change (however, the total amount payable per ride to the contractor will not<br />
change). In the event of a fare change, the contractor will be notified in writing.<br />
Passengers can pay either with cash or with a <strong>Westchester</strong> <strong>County</strong> <strong>Bee</strong>-<strong>Line</strong><br />
<strong>ParaTransit</strong> ticket. Tickets are purchased through WCDPW & T.<br />
The current fare structure is detailed below.<br />
Current Fare Categories paid by Rider<br />
Category<br />
Amount<br />
Fares paid by Rider (cash or ticket) $4.00<br />
Transfers between <strong>ParaTransit</strong> vans Free<br />
Transfers between <strong>ParaTransit</strong> and transit Free<br />
Transfers between Transit and <strong>ParaTransit</strong> Free<br />
24
The For Hire Car Service will be required to collect the fare from the Rider.<br />
It should be noted that fare paying passengers include both Eligible Riders and<br />
Companions. See Section III, 7.0 (Definitions). However, for the per Trip rate<br />
that the Provider will be paid by the <strong>County</strong> under the contract associated with<br />
this RFP, the Provider will be paid for Eligible Riders only and not companions.<br />
(Companions will be required to pay only the $4.00 payment directly to the<br />
contractor)<br />
5.0 System-Wide Statistics & Information<br />
It should also be noted that the <strong>County</strong> is seeking to have the <strong>Innovative</strong> For Hire<br />
Car Service provide up to 30% of the annual total of ambulatory paratransit rides<br />
for 2013 and up to 40% in 2014. Please see the Price Offer Forms (IV-A, B and<br />
C) for the estimated number of trips . PLEASE NOTE that there is no minimum<br />
amount of work guaranteed under this contract.<br />
6.0 Intentionally Omitted<br />
7.0 Definitions: The following key definitions apply to this document:<br />
ADA - the Americans with Disabilities Act, which requires <strong>Westchester</strong> <strong>County</strong> to<br />
provide “complementary” <strong>ParaTransit</strong> to persons whose disability or disabilities<br />
preclude their use of its fixed-route system.<br />
ADA SERVICE AREA - This includes a corridor ¾ of a mile on either side of<br />
every non-commuter WCDOT fixed route.<br />
ADVANCE CANCELLATION (CA) - This is a phone-in cancellation that is<br />
received from the rider prior to two hours of their scheduled trip.<br />
ADVANCE RESERVATION TRIP - This is a non-subscription trip that is<br />
requested between 1 and 7 days in advance of the trip date. All trips will be<br />
accommodated on a space available basis only.<br />
CANCELLED-AT-DOOR (CAD) - This is a cancellation where upon arrival at the<br />
pick-up location between 0 and 30 minutes after the scheduled pick-up time, the<br />
customer notifies the driver at the pick-up location that she/he will not be making<br />
the trip. The driver must note a “Point-of-Site” (POS) on the driver log, i.e., note<br />
a landmark as proof of arrival. CAD also includes instances where the phone-in<br />
cancellation is not received two (2) hours prior to the scheduled pick-up time.<br />
25
More than 3 CAD’s in a 30-day period can result in suspension based on reason.<br />
NOTE: CAD’s by definition, are the “fault” of the customer. At the same time,<br />
CAD’s are moot after 30 minutes-past the scheduled pick-up time, because at<br />
that point, the fault no longer is attributable to the customer. The distinction<br />
between a NSH (No Show) and a CAD is that in the case of a CAD a rider<br />
provides notice that they do not require a trip. No notice is given on NSH’s.<br />
CANCELLATION - This is a communication that is received from the rider that<br />
the trip is no longer required or wanted.<br />
CANCELLED VENDOR ERROR - This type of incident occurs when a trip was<br />
cancelled by the passenger either the day before or at least two hours before the<br />
pick-up was scheduled and the van shows up anyway.<br />
COMPANION - A companion is a person who accompanies a customer on a trip<br />
but is not required to provide assistance to that person; a companion pays a<br />
$4.00 fare. A companion must board and leave the vehicle at the same location<br />
as the customer.<br />
COMPLEMENTARY PARATRANSIT - Accessible, demand-responsive,<br />
advance-reservation (1 to 7 days in advance of the trip date), curb-to-curb<br />
transportation service that is provided to eligible persons for eligible trips within<br />
the similar service hours and same service areas as WC’s fixed-route system.<br />
CONTRACTOR OR CARRIER - Any agency, association, partnership, company,<br />
corporation, or combination thereof which contracts to provide some or all<br />
<strong>ParaTransit</strong> service. Also referred to herein as PROVIDER<br />
CURB-TO-CURB SERVICE - Driver assistance ends at the curb; this service is<br />
not a door-to-door service, nor a door-through-door service.<br />
CUSTOMER - A person who has been deemed eligible for <strong>ParaTransit</strong> service.<br />
ELIGIBLE RIDER – An individual who has been authorized to use <strong>ParaTransit</strong><br />
service and issued a <strong>ParaTransit</strong> photo ID by the <strong>Westchester</strong> <strong>County</strong> Office for<br />
the Disabled.<br />
FARE PAYING PASSENGER TRIP – A <strong>ParaTransit</strong> TRIP taken by an ELIGIBLE<br />
RIDER or a COMPANION.<br />
LATE TRIP - A trip will be contractually defined as being late if (1) it is a served,<br />
going trip and the passenger is dropped-off more than 15 minutes beyond the<br />
scheduled drop-off time; (2) it is an unserved, going trip and the Provider arrives<br />
at the pick-up point 15 or more minutes beyond the scheduled pick-up time; or<br />
26
(3) it is a return trip and the Provider arrives at the pick-up point more than 15<br />
minutes beyond the scheduled pickup time. (Note that in the latter two cases,<br />
stop arrival and departure times will be recorded.)<br />
NO-SHOW (NSH) - This is an instance where a driver arrives at a pick-up<br />
location between 0 and 30 minutes after the scheduled pick-up time and the<br />
customer does not appear within five (5) minutes. The driver must note a “Pointof-Site”<br />
(POS) on the driver log, i.e., note a landmark as proof of arrival. Please<br />
note, for the purpose of this RFP providers will be paid half the negated rate per<br />
the contract for each “No Show”<br />
NOTE: NSH’s by definition are the “fault” of the customer. At the same time,<br />
NSHs are moot after 30 minutes past the scheduled pick-up time, because at<br />
that point, the fault no longer is attributable to the customer. The distinction<br />
between a NSH and a CAD is that in the case of a CAD a rider provides notice<br />
that they do not require a trip. No notice is given on NSHs.<br />
DPW/DOT- <strong>Westchester</strong> <strong>County</strong> Department of Public Works and Transportation<br />
OFD - <strong>Westchester</strong> <strong>County</strong> Office for the Disabled.<br />
ORIGIN-TO-DESTINATION SERVICE – This service is defined by the<br />
<strong>Westchester</strong> <strong>County</strong> <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> Origin-to-Destination Policy as<br />
follows:<br />
Upon prior request, <strong>ParaTransit</strong> may approve providing additional<br />
assistance between curbside and the building’s entrance. To receive<br />
such assistance, passengers can request it at the time they reserve their<br />
trip or by asking assistance from the driver. <strong>ParaTransit</strong> reserves the right<br />
to evaluate each request for safety before determining whether or not<br />
additional assistance will be provided. Any anticipated barriers will be<br />
evaluated for safety for all riders and the appropriate assistance will be<br />
provided by the driver.<br />
To receive origin-to-destination service, all of the following conditions must<br />
be met:<br />
• The first exterior door at the building’s entrance must be no more<br />
than 100 feet from the bus.<br />
• The driver must be able to maintain sight of the vehicle at all times.<br />
• There must be a safe and accessible path of travel from the vehicle<br />
to the building’s entrance.<br />
• There must be a safe place to park on a public roadway or public<br />
parking lot.<br />
• The parked vehicle must not block or impede traffic.<br />
27
If any of the above conditions are not met, the location is considered “nonserviceable<br />
for origin-to-destination service”, and the driver will render<br />
curb-to-curb service for that location.<br />
<strong>Westchester</strong> <strong>County</strong> <strong>ParaTransit</strong> Drivers will provide the following<br />
additional assistance:<br />
• Drivers will ask the passenger, “How may I assist you”<br />
• Drivers will accompany and assist the passenger along the entire<br />
accessible path of travel between the bus and the building’s<br />
exterior door.<br />
<strong>Westchester</strong> <strong>County</strong> <strong>ParaTransit</strong> drivers will not:<br />
• Enter or unlock the door to a passenger’s private residence at any<br />
time<br />
• Assist a passenger using a wheelchair up or down steps or curbs<br />
• Handle a service animal<br />
• Carry bags for the passenger<br />
<strong>Westchester</strong> <strong>County</strong> <strong>ParaTransit</strong> drivers are not required to wait with<br />
passengers at their destination.<br />
<strong>Westchester</strong> <strong>County</strong> <strong>ParaTransit</strong> bus drivers are not Personal Care<br />
Attendants (PCA) and are not permitted to provide assistance beyond<br />
what is outlined in this policy. Passengers are responsible for making<br />
their own arrangements for any additional assistance needed.<br />
Passengers who have noted a Personal Care Attendant (PCA) on their<br />
original <strong>ParaTransit</strong> application know that their PCA rides free with them to<br />
provide that extra help.<br />
<strong>ParaTransit</strong>- Public transit service for persons whose disability or disabilities<br />
preclude the use of conventional fixed route transit. When spelled as<br />
<strong>ParaTransit</strong>, it is the name of WC’s <strong>ParaTransit</strong> service. A fare is charged the<br />
passenger for the service. <strong>ParaTransit</strong> is provided by <strong>Westchester</strong> <strong>County</strong> in<br />
response to Section 504 of the Rehabilitation Act of 1973 and the Americans with<br />
Disabilities Act of 1990, as amended.<br />
PERSONAL CARE ATTENDANT (PCA) – A Personal Care Attendant or PCA is<br />
an individual who is a necessary part of the eligible person’s mobility, thereby<br />
enabling him/her to make the trip. Persons traveling with a PCA must register<br />
that fact in advance, when applying for <strong>ParaTransit</strong> and when making a trip<br />
reservation. WCOFD may require that certain individuals travel with ‘a ‘PCA. A<br />
PCA does not pay a fare. A PCA must board and leave the vehicle at the<br />
same location as the customer.<br />
28
PROVIDER - Any agency, association, partnership, company, corporation, or<br />
combination thereof which contracts to provide some or all <strong>ParaTransit</strong> service.<br />
Also referred to herein as CONTRACTOR or CARRIER.<br />
SAME-DAY TRIP - A trip which is requested by the customer on the same day of<br />
the trip. Same-day trips will be accommodated on a space-available basis.<br />
Same-Day trip requests are generally handled by the contractor.<br />
SERVICE AREAS - The <strong>County</strong> is divided into two regions North and South.<br />
SERVICE HOURS - Service hours is the time between when the vehicle leaves<br />
the garage for its first pick-up of the service day to the time it returns to the<br />
garage after completing its last drop off of the day. It excludes scheduled<br />
interruptions in service such as lunch and scheduled driver breaks.<br />
SERVICES - The contractual responsibilities of the Contractor.<br />
SERVED TRIP - When a customer is picked up and taken to their destination it is<br />
considered a served trip.<br />
TRANSFER TRIP – A trip that will require going from one vehicle to another to<br />
complete the destination scheduled. Transfer trips are required when going from<br />
the South Zone and completing the destination in the North Zone and trips from<br />
the North Zone to the South Zone.<br />
STANDING ORDER OR SUBSCRIPTION TRIP - A trip which is taken by a<br />
customer at least twice per week on a regularly recurring basis. The origin,<br />
destination, pickup time, and drop-off time for each trip are the same. Customers<br />
who receive subscription service must-confirm the continuation of their standing<br />
order(s) each quarter. Those subscription trips which are not confirmed will be<br />
deleted from the schedule. All trips will be accommodated on a space-available<br />
basis.<br />
TRIP – A single one-way <strong>ParaTransit</strong> ride from pick-up location to drop-off<br />
location for one Eligible Rider.<br />
UNSERVED TRIP - An unserved trip occurs when a customer does not take the<br />
prescheduled travel between two locations. The trip could be unserved because<br />
of a CAD, a no-show or because the vendor failed to provide it.<br />
WCDPW/DOT - <strong>Westchester</strong> <strong>County</strong> Department of Public Works and<br />
Transportation<br />
WCTLC- <strong>Westchester</strong> <strong>County</strong> Taxi and Limousine Commission<br />
29
WCOFD – <strong>Westchester</strong> <strong>County</strong> Office for the Disabled<br />
8.0 Summary of <strong>Westchester</strong> <strong>County</strong> Responsibilities<br />
<strong>Westchester</strong> <strong>County</strong> shall:<br />
1. Procure a Provider for the service area and arrange with the Provider for the<br />
delivery of Services.<br />
2. Provide public information including distribution of <strong>ParaTransit</strong> applications.<br />
3. Determine the eligibility of each applicant and notify each applicant of the<br />
decision.<br />
4. Advise each eligible individual: (a) how to make trip requests; (b) the level of<br />
service to expect; (c) rider procedures, rules and regulations; and (d) how to<br />
communicate cancellations, complaints, etc.<br />
5. Register each eligible applicant on the <strong>ParaTransit</strong> computer system and<br />
maintain a customer file.<br />
6. For Monday through Friday, the <strong>County</strong> will provide to the For Hire Car Service a<br />
list of booked trips one day in advance that are to be scheduled by the For Hire<br />
Car service for next day service.<br />
7. Reserves the option to assume the dispatching function at any time during the<br />
course of the contract.<br />
8. Receive and process advance cancellations and notify the Provider of advance<br />
cancellations.<br />
9. Cause the Provider to comply with the standards and requirements regarding<br />
vehicles that are used to provide services. This will include inspecting and<br />
maintaining vehicles under the provisions of the <strong>Westchester</strong> <strong>County</strong> Taxi and<br />
Limousine Commission. Note that WCDPW/DOT will have the right to reject or<br />
have a Provider withdraw from service any vehicle that WCDPW/DOT deems<br />
unsuitable.<br />
10. WC DPW/DOT and WCOFD will review the credentials of any driver or other<br />
employee involved in providing services and shall have the right to reject any<br />
driver deemed unsuitable. WC DPW/DOT also reserves the right to require a<br />
driver to attend an additional training session if, in the judgment of WC<br />
DPW/DOT staff, the additional training is needed. WC DPW/DOT reserves the<br />
right to require a driver to be removed from service.<br />
30
11. Cause the Provider to deliver service according to the service standards as<br />
specified herein.<br />
12. Establish appropriate procedures for verifying and ensuring that any particular<br />
passenger trip has been performed in a timely and otherwise satisfactory<br />
manner. This includes receiving passenger complaints and working with the<br />
provider in satisfactorily resolving them.<br />
13. Be solely responsible for promptly and fully making payments to the provider for<br />
providing services in accordance with the terms of the contract based upon the<br />
“per trip rate” structure subject to submission of supporting trip documentation<br />
and resolution of discrepancies.<br />
14. Establish the fare for service; determine what methods of payments are<br />
acceptable, and provide a minimum of 30 days notice to the provider of fare<br />
changes.<br />
15. Allow and urge the Provider to exercise flexibility to adjust the trip schedules<br />
provided to them the evening before the day of service in order to increase<br />
productivity, while maintaining a high level of service quality.<br />
9.0 Summary of Provider Responsibilities<br />
9.1 The Provider shall:<br />
General<br />
1. Receive all trip bookings (Monday through Friday) and schedule trips provided by<br />
WCOFD the evening before or the day of service in order to increase<br />
productivity, while maintaining a high level of service quality.<br />
2. Dispatch all trips for next day service to achieve the highest amount of<br />
productivity and efficiency according to the terms of this contract.<br />
3. With maximum efficiency, serve the trips that have been assigned to it by<br />
WCOFD, and perform all administrative services that support the operation,<br />
including hiring, supervising, and disciplining drivers and support staff,<br />
dispatching, service delivery - including collecting and recording fares, vehicle<br />
maintenance, documenting actual trip data, record keeping, reporting and<br />
invoicing.<br />
31
4. Comply with all Federal, State and <strong>County</strong> regulations governing the provision of<br />
public transit services, including but not limited to operating authority, licensing,<br />
vehicle maintenance and inspection, drug testing, accounting, record keeping,<br />
etc.<br />
5. Comply with the standards and requirements of WC/TLC regarding vehicles that<br />
are used to provide services. This includes inspecting and maintaining vehicles,<br />
providing driver training programs and monitoring for substance abuse.<br />
Note that WC DPW/DOT and WCTLC will have the right to reject or have a Provider<br />
withdraw from service any vehicle that WC DPW/DOT deems unsuitable.<br />
9.2 Provider Owned Vehicle Requirements<br />
1. Each vehicle must meet the standards of all <strong>County</strong> requirements.<br />
2. Each vehicle must be properly licensed according to <strong>County</strong> and State<br />
requirements<br />
3. Each vehicle must be no older than 10 years old.<br />
4. Provide a sufficient amount of vehicles and drivers as a spare ratio<br />
9.3 Vehicle Maintenance<br />
Be solely responsible for maintenance of all vehicles including preventive<br />
maintenance to keep vehicles in regular and safe operating condition.<br />
9.4 Vehicle Cleaning<br />
All vehicles shall be cleaned daily and have exteriors which are free of grime,<br />
cracks, breaks, dents, and damaged paint that noticeably detract from the overall<br />
appearance of the vehicle. In addition, passenger compartments must be clean<br />
and free from torn upholstery or floor coverings, damaged or broken seats and<br />
protruding sharp edges.<br />
9.5 Inspections<br />
The <strong>County</strong> reserves the right to inspect any vehicle performing services within<br />
this contract to assure that the standards have been met to comply within this<br />
contract.<br />
32
9.6 Vehicle Licensing and Insurance<br />
1. The Operator shall have the appropriate Business Automobile Insurance<br />
Policy (property, liability, automobile liability and comprehensive) in place in<br />
accordance with this contract.<br />
2. The <strong>County</strong> requires that all Base stations and vehicles be licensed through<br />
the <strong>Westchester</strong> <strong>County</strong> Taxi and Limousine Commission.<br />
3. The provider is responsible for properly registering and insuring its own<br />
vehicles and in accordance with WCTLC rules and regulations.<br />
4. Supply <strong>Westchester</strong> <strong>County</strong> with certificates of such insurance at execution of<br />
the contract, and with binders of such insurance prior to the start of service.<br />
In addition, the <strong>Westchester</strong> <strong>County</strong> shall be given a minimum of thirty (30)<br />
days notice in the event of change or cancellation.<br />
5. All insurance policies (except Workers Compensation) shall name the <strong>County</strong><br />
as Additional Insured.<br />
9.7 Drivers, Driver Training and Driver Duties<br />
1. To assure a high level of <strong>ParaTransit</strong> service, a sufficient number of qualified,<br />
responsible, courteous, and properly licensed drivers appropriate for the type<br />
of vehicle being driven.<br />
Each Provider shall provide <strong>Westchester</strong> <strong>County</strong> with the following<br />
information about each driver prior to the driver providing services under this<br />
contract: name, age, license number, and a statement showing him/her to be<br />
of good moral character, and verification that the driver has not had his/her<br />
license revoked. The following information must be submitted to <strong>Westchester</strong><br />
<strong>County</strong> for review prior to the driver being placed in service:<br />
• copy of recent driving abstract<br />
• copy of license<br />
• Copy of WCTLC License<br />
<strong>Westchester</strong> <strong>County</strong> has the right to review the qualifications of proposed<br />
drivers and reject drivers who do not meet <strong>County</strong> standards. These include<br />
the requirement of a minimum of one year driving experience.<br />
In accordance with federal regulations (49 CFR 37.173) regarding paratransit<br />
service, the provider shall ensure that personnel are trained to proficiency, as<br />
appropriate to their duties, so that they operate vehicles and equipment safely<br />
33
and properly assist and treat individuals with disabilities who use the service<br />
in a respectful and courteous way, with appropriate attention to the difference<br />
among individuals with disabilities.<br />
The provider shall assure that all drivers involved in providing <strong>ParaTransit</strong><br />
services receive adequate training to perform their duties as specified herein.<br />
Training will include, but will not be limited to the National Highway Safety<br />
Institute Defensive Driving Course or comparable (minimum of 6 hours.)<br />
Additional training will include, but will not be limited to:<br />
• Preventing accidents<br />
• Responding to brake failure;<br />
• Responding to skids and hydro-planning;<br />
• Responding to inclement weather; and<br />
Passenger assistance techniques<br />
• Assisting ambulatory passengers and blind passengers in boarding<br />
vehicles.<br />
• Procedures for evacuating the vehicle in an emergency.<br />
• Locating safe places to park to load and unload passengers; and<br />
• Seatbelt Securement<br />
Sensitivity Training:<br />
This training will include, but will not be limited to:<br />
• Discussion of the major types of functional deficits -- loss of muscle<br />
control, loss of speech, loss of balance, loss of limbs, breathing<br />
disabilities, pain, loss of skin sensation, loss of vision, loss of hearing, loss<br />
of hearing and vision, loss of mental functions, loss of mobility and how<br />
these functional deficits affect an individual’s ability to travel. This training<br />
will also include assisting passengers who are experiencing seizures and<br />
other medical emergencies.<br />
• Discussion of the basic characteristics of personal assistance devices --<br />
crutches, canes, walkers, wheelchairs, braces, prostheses and-service<br />
animals.<br />
• General guidelines as to when and how to offer assistance.<br />
• General guidelines for handling inter-personal problems that arise on the<br />
vehicles.<br />
Policies and Procedures of the Curb-to-Curb Service:<br />
This training will include the following:<br />
34
• How to prepare the driver’s log.<br />
• How long the driver shall wait for a rider and what to do in the event of a<br />
CAD or a no show.<br />
• What the fare is and when it is to be collected.<br />
• The amounts and types of assistance the driver is required to provide to<br />
riders.<br />
• Emergency reporting procedures.<br />
• The provider will maintain documentation for all training given including<br />
dates and attendees.<br />
• The Provider will take out and maintain Worker’s Compensation,<br />
Disability, and Unemployment or equivalent insurance on all drivers<br />
providing Services, in accordance with the laws of the State of New York<br />
as necessary.<br />
2. Assure that all drivers arrive will arrive on time for all scheduled trips. Drivers<br />
shall contact the dispatcher if there is an occurrence which will cause the<br />
vehicle to arrive/depart outside these time parameters.<br />
3. Assure that drivers, in providing services, are careful, temperate, keep<br />
vehicular speed within posted speed limits and at a speed that is appropriate<br />
to road and weather conditions present at all times, operate their vehicles with<br />
the highest degree of safety for the passengers, and otherwise obey all laws<br />
directed toward the safe operation of motor vehicles.<br />
4. Assure that drivers are courteous at all times, exemplary in speech and action<br />
and provide passengers with all necessary assistance in entering and exiting<br />
the vehicle. Prior to operating the vehicle after a pick-up, drivers should offer<br />
to assist passengers in securing their seat belts. Drivers may not operate the<br />
vehicle until the seat belts of all passengers are properly secured.<br />
5. Assure that drivers, in providing services, never discipline a passenger under<br />
any circumstances. Whenever passenger misbehavior occurs that, in the<br />
judgment of the driver, warrants further action, the driver shall submit a<br />
written report to the Provider, who, in turn, shall submit the report to WC<br />
within twenty-four hours of the incident. In addition to the report, matters<br />
requiring more immediate attention shall be called into the dispatcher, who<br />
will immediately notify WC following the process detailed herein.<br />
6. Assure that drivers, in providing services, do not carry unauthorized<br />
passengers, pets or cargo, distribute food, beverages or other substances to<br />
passengers or allow any other person to occupy the driver’s seat.<br />
7. Assure that drivers, in providing services, do not eat, drink, or smoke in the<br />
vehicle, and request riders to refrain from eating, drinking or smoking in the<br />
vehicle.<br />
35
8. Assure that drivers comply with all NYS Vehicle and Traffic laws, including<br />
Article 33 (unattended motor vehicles). If at any time the driver must leave<br />
the vehicle, the driver shall -- before leaving the vehicle -- turn off the engine<br />
and remove the ignition key.<br />
9. Assure that drivers, never push another vehicle with their vehicle or allow<br />
their vehicle to be pushed by another vehicle.<br />
10. Assure that drivers, check to ensure that all doors of the vehicle are kept<br />
closed and locked while the vehicle is in motion.<br />
11. Assure that all drivers never fuel a vehicle while there are passengers on<br />
board the vehicle.<br />
12. Assure that drivers, in providing services, never board or discharge a<br />
passenger into a traffic lane of a street and never board or discharge<br />
passengers between double parked cars.<br />
13. Assure that drivers, in the event-of a NSH, notify the <strong>County</strong> by listing such<br />
NSH on its daily log as part of the report summary.<br />
14. Assure that drivers, in the event of an accident involving a vehicle that is used<br />
to provide services, or an incident involving a passenger, immediately notify<br />
the dispatcher. The Provider, in turn, will notify WC in accordance with the<br />
provisions herein and submit a typed report to OFD within twenty-four (24)<br />
hours of the accident.<br />
15. Provide each driver with a copy of the route schedule daily. Provide the<br />
driver with instructions to review schedule. This schedule must be in the<br />
driver’s possession at all times during his/her provision of services and must<br />
be in evidence during inspections. Every effort must be made to assure the<br />
confidentiality of customer information.<br />
16. Require drivers to collect the correct fare from passenger when the<br />
passenger boards the vehicle. A fare shall be paid each time a passenger<br />
(and companion) boards a vehicle. Drivers shall not collect the fare for the<br />
return trip as the passenger (and companion) boards the vehicle for the going<br />
trip, even if that driver is scheduled to serve that passenger’s return trip later<br />
that day. Unless instructed to the contrary by WC, a driver shall not refuse to<br />
transport any passenger and/or companion who refuses to pay the correct<br />
fare. However, each provider should immediately notify WC when there is a<br />
fare collection problem.<br />
36
17. Instruct its drivers not to solicit or accept tips from the passengers.<br />
18. Require its drivers to document on the driver sheet -- or through-another<br />
approved method -- the actual arrival time and departure time at each stop.<br />
19. Require all drivers to dress professionally and carry an identification badge.<br />
The identification badge shall have on it: the driver’s picture, name, and name<br />
of the Provider. The WCOFD reserves the right to require inappropriately<br />
attired drivers to be immediately removed from providing Services.<br />
9.8 Dispatchers and Dispatching Duties<br />
1. Employ a sufficient number of qualified, responsible, courteous, and properly<br />
trained dispatchers necessary to properly operate a high level of <strong>ParaTransit</strong><br />
service. Dispatchers should fulfill dispatching duties one hour before service<br />
hours, during service hours and 1/2 hour after the last vehicle has returned to<br />
base at the end of service hours.<br />
2. Assure that dispatchers attend the sensitivity training course, policy and<br />
procedures training course, and computer training course prior to providing<br />
services.<br />
3. Assure that the dispatcher’s responsibilities are dedicated exclusively to the<br />
<strong>Westchester</strong> <strong>County</strong> <strong>ParaTransit</strong> program during his/her shift.<br />
4. Assure that dispatchers review driver schedules prior to start of scheduled<br />
service.<br />
5. Assure that dispatchers monitor driver schedules during service hours.<br />
6. Assure that dispatchers are able to contact all vehicles via a communication<br />
system.<br />
7. Assure that dispatchers are familiar with the computerized scheduling and<br />
dispatching system.<br />
8. Assure that dispatchers receive and enter immediately into the computer system<br />
advance (prior to trip date) cancellations from the WC, and same day<br />
cancellations from the customer (on the trip date).<br />
9. Assure that dispatchers immediately enter NSH and CAD information into<br />
computer system when driver transmits same via radio system.<br />
10. Assure that there are a sufficient number of dispatchers assigned to this<br />
contract to operate a high level of <strong>ParaTransit</strong> service.<br />
37
11. Assure that dispatchers follow accident and incident reporting procedures as<br />
outlined in this document.<br />
12. Assure that dispatchers enter actual shift/trip/and stop data.<br />
13. Assure that dispatchers notify passengers, at the direction of WC, of changes in<br />
his/her schedules.<br />
14. Assure that dispatch staff is available for training a minimum of two weeks prior<br />
to the start of the contract or beginning an assignment as a <strong>Westchester</strong><br />
<strong>County</strong> <strong>ParaTransit</strong> dispatcher.<br />
9.9 Contract Manager and Other Required Staff<br />
1. Designate a Contract Manager responsible for supervising all actions taken<br />
by the Provider pertinent to providing Services and who shall be the focal<br />
point for communication with WCOFD. At a minimum, he/she will be<br />
available during regular business hours and or/on call for operations of<br />
<strong>ParaTransit</strong>.<br />
2. Assure that the Contract Manager responsibilities are dedicated exclusively to<br />
the <strong>ParaTransit</strong> program during his/her shift.<br />
3. Require the Contract Manager (or the manager’s designee) to report to<br />
WCOFD all accidents, service disruptions, and complaints.<br />
4. Require the Contract Manager to attend all meetings of the Transportation<br />
Subcommittee of the <strong>Westchester</strong> Council for the Disabled. The manager will<br />
also attend other meetings as requested by the WC including, but not limited<br />
to, service meetings and public hearings, inclusive of monthly TAC meetings.<br />
5. Assure that the Contract Manager is available one month in advance of the<br />
start of the contract or beginning an assignment as the Contract Manager so<br />
that individual can receive training.<br />
6. Provide dispatchers and ensure that a dispatcher begins duty at least one<br />
hour prior to the beginning of the service day and remains on duty until the<br />
last vehicle returns to the garage at the end of the service day.<br />
7. Provide a safety director to oversee the training of staff, especially drivers;<br />
oversee drug testing; oversee an accident review board; oversee driver<br />
compliance with all Federal and State driver regulations and respond as<br />
appropriate to accidents and investigate service issues.<br />
38
8. Provide a staff person to accept same day trip cancellations and provide<br />
other operational information to the <strong>County</strong> and customers. This person shall<br />
be available at least one hour before the start of each service day.<br />
9. Assure that there are a sufficient number of road supervisors active and on<br />
call at all times during <strong>ParaTransit</strong> operations to properly monitor<br />
operations.<br />
9.10 Reporting of Accidents<br />
The following events are considered reportable accidents regardless of severity:<br />
• Personal injury, regardless of severity.<br />
• A motor vehicle collision when two or more vehicles are involved.<br />
• A motor vehicle accident when there is any destruction of public property.<br />
• A motor vehicle accident involving a pedestrian.<br />
Report these situations or emergencies according to the following procedures:<br />
• Before, during or after regular business hours, the vendor must<br />
immediately contact the <strong>ParaTransit</strong> Supervisor via cell phone to report<br />
any and all accidents. The contact phone number is 914-879-8526<br />
• Prepare and submit to the WCOFD within 24 hours of the accident a<br />
written report which describes the events surrounding the accident, lists<br />
the names of the passengers onboard the vehicle, identify which - if any -<br />
has been injured, estimates the cost of repair of physical damage, and<br />
includes photographs that show the damage to the vehicle.<br />
• The police report shall also be sent to OFD as soon as it is received.<br />
9.11 Reporting Incidents/Service Disruptions<br />
The following events are considered incidents and must be reported in writing to<br />
the OFD within 24 hours of their occurrence:<br />
• Any incident on board that results in physical contact, whether between two<br />
passengers or between a passenger and the driver must be reported.<br />
• Any incident where a passenger falls, whether or not injury .is reported or<br />
denied by passenger.<br />
39
• Any incident where a driver witnesses a passenger fall even if the<br />
passenger is a distance from the vehicle.<br />
• Service disruptions such as breakdowns, accidents, traffic, etc., that might<br />
result in pick-ups and/or drop offs being made more than 30 minutes past<br />
the scheduled time.<br />
• A driver is unable to locate a passenger who is scheduled to be picked up<br />
during the last hour of service.<br />
• The vendor wants to curtail service because of weather conditions or other<br />
situations or emergencies which arise from time to time.<br />
Report these situations or emergencies according to the following procedures:<br />
• During or after regular business hours, the vendor must contact the<br />
<strong>ParaTransit</strong> Administrator to report incidents. The contact phone number is:<br />
(W) 914-995-2958<br />
(C) 914-879-8526<br />
• Enter an incident report which describes the events surrounding the<br />
incident, lists the passengers on the vehicle, and a description of what<br />
happened in the computer system within one hour of the incident.<br />
9.12 Billing, Payment, Back-up Documentation and Reporting Requirements<br />
1. Claims for payment should be submitted to the WC DPW/DOT on a monthly<br />
basis and within 7 days after the conclusion of each month for <strong>ParaTransit</strong><br />
services provided. Claims will be processed within 30 days of submission of<br />
complete and accurate claims.<br />
2. Under the contract associated with this RFP, Providers will be paid for each<br />
“Trip” except that the <strong>County</strong> will pay half of the per Trip rate established under<br />
this contract for “No-Show” (NSH) or “Cancelled-at-Door” (CAD) trips. For<br />
definitions of Trip, No-Show and Cancelled-at-Door trips, see Section III, 7.0<br />
(Definitions).<br />
3. All cash fares collected by the Provider will be retained by the Provider; for<br />
tickets collected from customers, the Provider shall forward the tickets to the<br />
<strong>County</strong> and the <strong>County</strong> will pay the Provider for those tickets.<br />
4. A complete monthly claim for payment will consist of the following items:<br />
40
• A “Monthly Statistical and Reimbursement Report”<br />
• A Period Recap Report (PRR) for each day of the month<br />
detailing the following:<br />
- Number of trips (provided, No-Shows, CADs)<br />
- Number of companions<br />
- Number of attendants<br />
- Amount of cash collected<br />
- Number of tickets collected<br />
- Number of transfers from fixed-route bus<br />
- Number of <strong>ParaTransit</strong> transfers (at White Plains<br />
TransCenter/at Tarrytown RR Station)<br />
• A “Monthly <strong>ParaTransit</strong> Section 15 NTD (National Transportation Data)<br />
Employee Report”<br />
• All <strong>ParaTransit</strong> tickets collected during the month should also be<br />
submitted with the claim.<br />
Claim procedures are subject to modification. <strong>Westchester</strong> <strong>County</strong> will make<br />
other adjustments to the claim for such items when reviewed.<br />
5. The Provider is required to sign-up for participation in the <strong>County</strong>’s electronic<br />
transfer of funds payment program.<br />
6. Drivers logs will be preprinted with the following information to be completed by<br />
the driver:<br />
o<br />
o<br />
o<br />
o<br />
o<br />
o<br />
Arrival time of each pick up<br />
Time of drop off for each trip<br />
Starting mileage and ending mileage<br />
Type of fare collected from each passenger and companion<br />
Trip status information (i.e. provided, NSH, CAD)<br />
Vehicle number<br />
7. All monthly completed drivers logs must be kept by the Provider in a safe and<br />
stored area, but are available for back up and inspection by WC DPW/DOT.<br />
These driver sheets will be kept by the Provider for a period not to exceed a<br />
period of three (3) years, and thereafter will be delivered to the <strong>County</strong> and the<br />
<strong>County</strong> will retain records for storage.<br />
8. Upon request, provide detailed operating and financial information that may be<br />
required for State, Federal and <strong>County</strong> reporting.<br />
41
9.13 Right of Entrance upon the Provider’s Property/Vehicle Inspections<br />
The contractor shall permit and allow any and all duly authorized WC employees<br />
or representatives to enter upon any part of a Provider’s facilities, or vehicles for<br />
the purpose of inspecting facilities and equipment, inspecting and/or auditing<br />
books and records, and for other matters relevant to the project upon sufficient<br />
notice by WC of its intent to make such entry. NO notice shall be required for<br />
vehicle on-road inspections to be conducted by WC. Each Provider shall instruct<br />
its drivers to allow WC personnel to have right of entry on vehicles upon display<br />
of proper identification.<br />
9.14 Substance Abuse Program<br />
The contractor shall:<br />
• Adopt and distribute to “affected” employees an approved substance<br />
abuse policy that is compliant with US DOT’s Omnibus Transportation<br />
Employees Testing Act. Substance abuse includes abuse of drugs and<br />
alcohol. For the purposes of this Agreement, “affected” employees are<br />
defined as employees who are in safety-sensitive positions, including, but<br />
not limited to, drivers, maintenance personnel, schedulers, dispatchers,<br />
and their supervisors.<br />
• Maintain a current list of all affected employees. The Provider must submit<br />
this list to WCOFD.<br />
• Notify WCOFD of all persons seeking to be hired or transferred into safety<br />
sensitive positions. Such individuals may not assume their duties until a<br />
pre-employment drug test has been verified negative.<br />
• Cooperate with WCOFD in making its affected employees available for<br />
pre-employment, random, reasonable suspicion, post-accident, and<br />
return-to-duty/follow-up drug testing, and must agree not to allow<br />
individuals failing such tests to perform in safety-sensitive positions except<br />
as permitted by law.<br />
• Random drug testing is to be carried out at a rate that tests the equivalent<br />
of half the covered workforce each year.<br />
• Require affected employees to sign a release allowing positive test results<br />
to be made available to WCOFD.<br />
• Submit certification of compliance with Federal drug testing regulations as<br />
requested by the WCOFD. The form of the certification shall comply with<br />
the Federal regulations.<br />
42
9.15 Fair Employment Practices<br />
• The provider shall not discriminate against any employee or applicant for<br />
employment because of race; creed, color, sex, disability, religion,<br />
Vietnam-era veteran status or national origin. The Provider will take<br />
affirmative action to assure that applicants employed are treated equally<br />
regardless of race, creed, color, sex, disability, Vietnam-era veteran status<br />
or national origin. Such action shall include, but not be limited to the<br />
following: employment, upgrading, demotion, or transfer; recruitment or<br />
recruitment advertising; layoff or termination; rates of pay or other forms of<br />
compensation; and selection for training, including apprenticeship. The<br />
Provider agrees to post in conspicuous places, available to employees<br />
and applicants for employment, notices to be provided setting forth the<br />
provisions of this non-discrimination clause.<br />
• In all solicitations or advertisements for employees placed by or on behalf<br />
the Provider, state that all qualified applicants will receive consideration<br />
for employment without regard to race, religion, color, sex, disability,<br />
Vietnam-era veteran status or national origin.<br />
• Send to each labor union or representative of workers with which he has a<br />
collective bargaining agreement or other contract or understanding<br />
pursuant to this contract, a notice to be provided advising the said labor<br />
union or workers’ representatives of the Provider’s commitments under<br />
this section, and shall post copies of the notice in conspicuous places<br />
available to employees and applicants for employment.<br />
• Comply with all provisions of Executive Order 11246 of September 23,<br />
1965, and/or rules, regulations, and relevant orders of the United States<br />
Secretary of Labor as amended.<br />
• Permit access to books, records, and accounts by the administering<br />
agency and the Secretary of Labor for purposes of investigation to<br />
ascertain compliance with such rules, regulations, and orders pertaining to<br />
fair employment practices.<br />
• Keep on file written personnel procedures, which shall include provisions<br />
for familiarizing employees with statutes, rules, and regulations concerning<br />
confidentiality, affirmative action, and nondiscrimination in service delivery<br />
and employment as set forth herein.<br />
43
9.16 Minority Business Participation<br />
The contractor shall be required to complete the disadvantaged or women-owned<br />
business enterprises are those described in Form (MBE/WBE questionnaire.).<br />
10.0 Performance Measures<br />
WCOFD will monitor the quality of service by the contractor. The service<br />
performance measures will include:<br />
Valid Complaint Frequency (VCFR) - Comments received from the public or<br />
riders defined as complaints when they concern issues other than those relating<br />
to on-time performance. These would include comments relating to driver<br />
rudeness, jack-rabbit starts, vehicle safety issues, vehicle cleanliness, wheelchair<br />
handling and securement, etc. in the event that there is a dispute between the<br />
Provider and WCOFD as to what is a valid complaint, the good faith<br />
determination of the Director is final.<br />
Percent Late Trips (PLT) - A trip will be contractually defined as being late if (a)<br />
it is a going trip and the passenger is dropped-off more than 15 minutes beyond<br />
the scheduled drop-off time: (b) it is a return trip, and the Provider arrives at the<br />
pick-up point more than 15 minutes beyond the scheduled pick-up time. (Note<br />
that in these cases, stop arrival and departure times will be recorded.)<br />
In addition, the extent to which a Provider is late for any particular trip (see table<br />
below) will govern whether a Provider will be paid for the trip and how much they<br />
will be paid (or paid at a reduced rate due to the assessment of liquidated<br />
damages). Lateness caused by weather conditions or other Acts of God will not<br />
be counted nor will the vendor be fined in this circumstance.<br />
Minutes Late<br />
Liquidated Damages<br />
30 - 45 min $ 100.00<br />
46 – 60 min. $ 150.00<br />
over 60 min. $ 200.00<br />
Average Lateness (AL) of Late Trips - This is the degree to which late trips<br />
were late. Note a trip is not late until 16 minutes after the scheduled drop-off/pickup<br />
as stipulated above. They do not include trips that are late for reasons<br />
beyond the control of the provider such as severely inclement weather and road<br />
congestion induced delays.<br />
44
Percent Missed Trips (PMT) - These are the trips that are not served due to the<br />
fault of the Provider. They do not include missed trips that are beyond the<br />
control of the Provider, such as severely inclement weather.<br />
Accident Frequency Rate (AFR) - Where accidents are defined as preventable<br />
accidents. A Provider’s AFR will be measured in number of accidents per million<br />
vehicle miles (A/MVM). In the event of a dispute between the Provider and<br />
WCDOT as to which incidents are preventable accidents, the good faith<br />
determination of the Commissioner is final.<br />
Thresholds for acceptable service performances are identified below. When a<br />
provider exceeds these thresholds, it is performing poorly.<br />
Service Performance Measures<br />
Thresholds<br />
Valid Complaint Frequency Rate 3 Complaint/1000 Trips<br />
(VCRR)<br />
Percent Late Trips (PLT) 10%<br />
Average Lateness (AL)<br />
20 minutes<br />
Percent Missed Trips (PMT) 1<br />
Accident Frequency Rate (AFR) 20 A/MVM<br />
The purpose of the service performance measures is to insure that high quality<br />
<strong>ParaTransit</strong> services are provided to paratransit customers. Therefore the<br />
<strong>County</strong> reserves the right to change the performance standards by up to 30%<br />
during each contract period. If and when performance standards are enhanced,<br />
the Provider would be given sixty days notice prior to a change.<br />
45
SECTION IV<br />
COST PROPOSAL/FORMS<br />
1.0 Prices Required & Related Information<br />
Proposers shall submit a price per Trip (“Trip” defined below).<br />
TRIP – A single one-way <strong>ParaTransit</strong> ride from pick-up<br />
location to drop-off location for one Eligible Rider.<br />
The Provider will be paid for each “Trip” except that the <strong>County</strong> will pay half of<br />
the per Trip rate established under the contract associated with this RFP for “No-<br />
Show” or “Cancelled-at-Door” trips. See Section III, 7.0 (Definitions). For all<br />
No-Show and Cancelled-at-Door trips, the driver must note a “Point of Site”<br />
(POS) on the Driver Log, i.e., note a landmark as proof of arrival.<br />
The prices offered will be entered on the Price Offer Forms attached hereto.<br />
2.0 Selection Investigation Criteria<br />
The <strong>County</strong> may make such investigation as it deems necessary to determine<br />
the ability of the proposer to perform the work, and the proposer shall furnish all<br />
information and data for this purpose as may be requested. WC reserves the<br />
right to reject any proposal if the evidence submitted by, or the investigation of<br />
such proposer fails to satisfy WC that he is properly qualified to carry out the<br />
obligations of the contract and to complete the contemplated work.<br />
3.0 Criteria for Disqualification<br />
• Failure to properly complete all forms.<br />
• Failure to have a minimum of 3 years experience providing demand<br />
responsive service (i.e. service which is scheduled less than 24 hours in<br />
advance including a minimum of ten vehicles in service on a weekday) or a<br />
minimum of 3years providing public transit service.<br />
• Failure to submit a drug and alcohol testing plan or which submit one that<br />
does not comply with the Omnibus Transportation Employee Testing Act of<br />
1991 and specifically 49 CFR part 653, 49 CFR part 654 and 49 CFR part 40<br />
(as amended).<br />
46
FORM IV-1A<br />
PRICE OFFER FORM<br />
NORTH ZONE<br />
Please provide pricing for Innnovative For Hire Car Service rides originating within and<br />
ending within the North Zone, Each eligible <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> passenger will be required<br />
to pay $4.00 per ride and the <strong>County</strong> will contribute the balance of the fare.<br />
Please provide a per ride price below designating the <strong>County</strong>’s portion of the fare for NORTH<br />
ZONE Rides:<br />
Estimated<br />
# of Trips<br />
Total<br />
1. For CONTRACT TERM<br />
(estimated to start August 1, 2013 –<br />
December 31, 2014)<br />
Eligible <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> passenger $4.00<br />
portion of fare per ride<br />
<strong>County</strong>’s portion of fare per ride $_________ x 28,474 = _________<br />
2. For OPTION YEAR of Contract<br />
(Year 2015)<br />
Eligible <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> passenger $4.00<br />
portion of fare per ride<br />
<strong>County</strong>’s portion of fare per ride $_________ x 22,501 = _________<br />
Total <strong>County</strong> share of fares for North Zone<br />
__________<br />
47
FORM IV-1B<br />
PRICE OFFER FORM<br />
SOUTH ZONE<br />
Please provide pricing for <strong>Innovative</strong> For Hire Car Service rides originating within and<br />
ending within the South Zone, Each eligible <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> passenger will be required to<br />
pay $4.00 per ride and the <strong>County</strong> will contribute the balance of the fare.<br />
Please provide a per ride price below designating the <strong>County</strong>’s portion of the fare for SOUTH<br />
ZONE Rides:<br />
Estimated Total<br />
# of Trips<br />
1. For CONTRACT TERM<br />
(estimated to start August 1, 2013 –<br />
December 31, 2014)<br />
Eligible <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> passenger $4.00<br />
portion of fare per ride<br />
<strong>County</strong>’s portion of fare per ride $_________ x 66,074 = __________<br />
2. For OPTION YEAR of Contract<br />
(Year 2015)<br />
Eligible <strong>Bee</strong>-<strong>Line</strong> <strong>ParaTransit</strong> passenger $4.00<br />
portion of fare per ride<br />
<strong>County</strong>’s portion of fare per ride $_________ x 52,214 = _________<br />
Total <strong>County</strong> share of fares for<br />
South Zone<br />
_________<br />
48
FORM IV-1C<br />
PRICE OFFER FORM<br />
Total <strong>County</strong> share for North Zone (from Form IV-1A)<br />
Total <strong>County</strong> share for South Zone (from Form IV-1B)<br />
Grand Total<br />
___________<br />
___________<br />
________________<br />
NOTES:<br />
1. <strong>Westchester</strong> <strong>County</strong> will be divided into two zones for this RFP; North and South. The<br />
boundary between North <strong>County</strong> - Zone N and South <strong>County</strong> - Zone S is the corridor of<br />
Interstate 287, with the exception of straight trips originating in the South Zone to the<br />
<strong>Westchester</strong> Medical Center located in Valhalla, New York.-these trips, although<br />
crossing from the South Zone to the North Zone will be paid at the South Zone trip rate;<br />
any other trips crossing the boundary will require a transfer and the For Hire Car Service<br />
will receive both the North Zone rate and the South Zone rate.<br />
2. The <strong>County</strong> shall pay half of the <strong>County</strong> portion of the fare under this contract for<br />
properly documented “No-Show” and Cancelled Door” trips.<br />
3. Nothing contained herein shall be construed to limit the right of the <strong>County</strong> to<br />
utilize other transportation providers to provide these services, it being the intent of<br />
the <strong>County</strong> to award a non-exclusive contract. The estimated number of trips is not<br />
a guarantee of any minimum amount of work to be provided hereunder.<br />
4. Based on past ridership history, the <strong>County</strong> expects the trip numbers to increase annually<br />
by 1 to 3% per year, which projection has been included in the estimated number of trips.<br />
5. It should be noted that fare paying passengers include both Eligible Riders and<br />
Companions. See Section III, 7.0 (Definitions). However, for the per Trip rate that the<br />
Provider will be paid by the <strong>County</strong>, the Provider will be paid for Eligible Riders only<br />
and not companions (Provider is to collect only the $4.00 fare from Companions.)<br />
Offer: I certify that I understand and will abide by the terms and conditions of this RFP<br />
and the prices are firm for 60 days from the opening date of the RFP.<br />
Authorized Official<br />
Name of Firm<br />
49
FORM IV-2<br />
AFFIRMATION<br />
Date:<br />
I, , of<br />
NAME TITLE COMPANY<br />
affirm the following to be true.<br />
The information contained in this submission is accurate and complete as of the date of<br />
submission.<br />
The<br />
(responding organization)<br />
willing to comply with contractual requirements<br />
pertaining to equal employment opportunity and fair employment practices.<br />
The<br />
(responding organization)<br />
has (or can demonstrate the ability to obtain)<br />
all necessary permits, authorities to carry disabled and fare-paying passengers in<br />
<strong>Westchester</strong> <strong>County</strong>, and between <strong>Westchester</strong> <strong>County</strong>, the Bronx, and Putnam <strong>County</strong><br />
including Common Carrier authority obtained from the State of New York and<br />
<strong>Westchester</strong> <strong>County</strong> TLC licensing.<br />
I, , have read and understand the service<br />
specifications contained in this RFP and will inform the drivers, dispatchers, and other<br />
parties within the organization of their responsibilities upon contract award and prior to<br />
the start of service.<br />
__________________________________<br />
(Signature)<br />
__________________________________<br />
(Name, Title – Printed)<br />
__________________________________<br />
(Witness)<br />
50
FORM IV-3<br />
PROVIDER'S ACKNOWLEDGMENT<br />
(Corporation)<br />
STATE OF NEW YORK )<br />
COUNTY OF WESTCHESTER )<br />
ss:<br />
On this day of , 2013, before me personally came<br />
to me known, and known to me to be the<br />
of<br />
the corporation described in and which executed within instrument, who being by me duly sworn<br />
did depose and say that the said<br />
, resides at<br />
and that he is<br />
of said<br />
corporation; that the seal affixed to the within instrument is such corporate seal and that it was<br />
so affixed by order of the Board of Directors of said corporation, and that he signed his name<br />
thereto by like order.<br />
Notary Public<br />
51
FORM IV-4<br />
CERTIFICATE OF AUTHORITY<br />
(Provider)<br />
I, , certify that I am the<br />
(Officer other than officer signing agreement)<br />
(Title)<br />
of the<br />
the “Provider”), a corporation<br />
(Name of Provider)<br />
duly organized and in good standing under the<br />
LAW UNDER WHICH ORGANIZED, E.G., THE<br />
NEW YORK BUSINESS CORPORATION LAW)<br />
the foregoing agreement; that<br />
(Person executing agreement)<br />
who signed said agreement on behalf of the Provider was at the time of execution<br />
(Title of such person)<br />
of the Provider that said agreement was duly<br />
signed for and in behalf of said Provider by authority of its Board of Directors, thereunto<br />
duly authorized, and that such authority is in full force and effect at the date hereof.<br />
STATE OF NEW YORK ) ss.:<br />
COUNTY OF )<br />
(Signature)<br />
On this day of , 2013, before me personally came<br />
to me known, and known to me to be the<br />
of the said corporation, that the seal<br />
(Title)<br />
affixed to the above certificate is such corporate seal and that it was so affixed by order<br />
of the Board of Directors of said corporation, and that he signed his name thereto by like<br />
order.<br />
______________________________<br />
52
FORM IV-5<br />
AFFIRMATIVE ACTION PLAN REQUIREMENT<br />
Affirmative Action Plan<br />
An approved Affirmative Action Plan shall be required in all contracts where the actual<br />
contract amount - as awarded - exceeds $50,000.00.<br />
Regardless of the foregoing an approved Affirmative Action Plan is suggested, not<br />
required, of a Provider where the total number of persons employed by such contractor<br />
is 14 or fewer.<br />
Does your firm participate in an approved Affirmative Action Plan<br />
If YES, give name of Plan:<br />
An approved Affirmative Action Plan means a plan approved or adopted by <strong>Westchester</strong><br />
<strong>County</strong> including but not limited to the <strong>Westchester</strong>-Putnam Affirmative Action Plan, the<br />
Recruitment Training Program or any other affirmative action plan meeting the<br />
requirements of the State or federal government.<br />
53
FORM IV-6<br />
Criminal Disclosure Requirements<br />
CRIMINAL BACKGROUND DISCLOSURE<br />
INSTRUCTIONS –<br />
TO BE COMPLETED ONLY BY SUCCESSFUL PROPOSER<br />
Pursuant to Executive Order 1-2008, the <strong>County</strong> is required to maintain a record of<br />
criminal background disclosure from all persons providing work or services in<br />
connection with any <strong>County</strong> contract, including leases of <strong>County</strong>-owned real property<br />
and licenses:<br />
a.) If any of the persons providing work or services to the <strong>County</strong> in relation to a<br />
<strong>County</strong> contract are not subject to constant monitoring by <strong>County</strong> staff while<br />
performing tasks and/or while such persons are present on <strong>County</strong> property<br />
pursuant to the <strong>County</strong> contract; and<br />
b.) If any of the persons providing work or services to the <strong>County</strong> in relation to a<br />
<strong>County</strong> contract may, in the course of providing those services, have access<br />
to sensitive data (for example SSNs and other personal/secure data); facilities<br />
(secure facilities and/or communication equipment); and/or vulnerable<br />
populations (for example, children, seniors, and the infirm).<br />
In those situations, the persons who must provide a criminal background disclosure<br />
(“Persons Subject to Disclosure”) include the following:<br />
a.) Consultants, Contractors, Licensees, Lessees of <strong>County</strong>-owned real property,<br />
their principals, agents, employees, volunteers or any other person acting on<br />
behalf of said Contractor, Consultant, Licensee, or Lessee who is at least<br />
sixteen (16) years old, including but not limited to Subconsultants,<br />
subcontractors, Sublessess, or Sublicensees who are providing services to<br />
the <strong>County</strong>, and<br />
b.) Any family member or other person, who is at least sixteen (16) years old,<br />
residing in the household of a <strong>County</strong> employee who lives in housing provided<br />
by the <strong>County</strong> located on <strong>County</strong> property.<br />
Under Executive Order 1-2008, it is the duty of every <strong>County</strong> Consultant, Contractor,<br />
Licensee, or Lessee to inquire of each and every Person Subject to Disclosure and<br />
disclose whether they have been convicted of a crime or whether they are subject to<br />
pending criminal charges, and to submit this form with that information. 1 Accordingly,<br />
you are required to complete the attached Criminal Background Disclosure Form and<br />
Certification.<br />
1 For these disclosures, a “crime” or “pending criminal charge” includes all felonies and misdemeanors as defined<br />
under the New York State Penal Law or the equivalent under Federal law or the laws of any other State.<br />
54
Please note that under no circumstances shall the existence of a language barrier serve<br />
as a basis for the waiver of or an exception from the disclosure requirements of<br />
Executive Order 1-2008. If translation services are required by the Consultant,<br />
Contractor, Licensee, or Lessee to fulfill this obligation, it shall be at the sole cost and<br />
expense of the Consultant, Contractor, Licensee, or Lessee.<br />
Please also note that the conviction of a crime(s) and/or being subject to a pending<br />
criminal charge(s) will not automatically result in a denial of a person’s right to work on a<br />
<strong>County</strong> contract, right to be on <strong>County</strong> property, or license, but may, if the <strong>County</strong><br />
determines that the prior conviction(s) or pending criminal charge(s) create an<br />
unacceptable risk. However, if a person fails to list or falsifies any part of his/her<br />
conviction history or any pending criminal charge(s) for any reason, he/she may be<br />
prohibited from working or being on <strong>County</strong> property without any risk assessment. If it<br />
is later determined that a Person Subject to Disclosure failed to disclose a criminal<br />
conviction or pending criminal charge for any reason, his/her right to work on a <strong>County</strong><br />
contract, be on <strong>County</strong> property, or license may be terminated at any time.<br />
Please further note that, pursuant to Executive Order 1-2008, and subject to the<br />
applicable provisions of New York Correction Law §§ 752 and 753, the <strong>County</strong> has the<br />
right to bar a Person Subject to Disclosure from providing work or services to the<br />
<strong>County</strong> or from being on <strong>County</strong> property if any such person has:<br />
a.) A conviction of a crime(s);<br />
b.) A pending criminal proceeding for a crime(s); or<br />
c.) Refused to answer questions concerning his/her criminal background<br />
Please finally note that any failure by a <strong>County</strong> Consultant, Contractor, Licensee, or<br />
Lessee to comply with the disclosure requirements of Executive Order 1–2008 may be<br />
considered by the <strong>County</strong> to be a material breach and shall be grounds for immediate<br />
termination by the <strong>County</strong> of the related <strong>County</strong> contract.<br />
Exemptions<br />
Executive Order 1-2008 exempts from the aforementioned disclosure requirements<br />
Persons Subject to Disclosure:<br />
a.) for whom the <strong>County</strong> has already conducted a background check and issued a<br />
security clearance that is in full force and effect; and<br />
b.) for whom another state or federal agency having appropriate jurisdiction has<br />
conducted a security and/or background clearance or has implemented other<br />
protocols or criteria for this purpose that apply to the subject matter of a <strong>County</strong><br />
contract that is in full force and effect.<br />
If you are claiming an exemption for one or more Persons Subject to Disclosure, you<br />
55
must notify the Procuring Officer 2 . The Procuring Officer will then determine whether<br />
the Person(s) Subject to Disclosure are actually exempt, and provide written notification<br />
of his/her determination. If the Procuring Officer determines that a Person Subject to<br />
Disclosure is not exempt, the Procuring Officer will notify you of that determination, and<br />
you will have to include disclosures for that person on your Criminal Background<br />
Disclosure Form and Certification.<br />
2 Procuring Officer” shall mean the head of the department or the individual or individuals authorized by the head(s)<br />
of the department(s) undertaking the procurement and with respect to those matters delegated to the Bureau of<br />
Purchase and Supply pursuant to Section 161.11(a) of the Laws of <strong>Westchester</strong> <strong>County</strong>, the Purchasing Agent.<br />
56
Subconsultants, Subcontractors, Sublessees, or Sublicensees<br />
Under Executive Order 1-2008, it is your duty to ensure that any and all approved<br />
subconsultants, subcontractors, sublessees, or sublicensees complete and submit the<br />
attached Criminal Background Disclosure Form and Certification for all of their<br />
respective Persons Subject to Disclosure. This must be done before such a<br />
subconsultant, subcontractor, sublessees, or sublicensees can be approved to perform<br />
work on a contract.<br />
New Persons Subject to Disclosure<br />
Under Executive Order 1-2008, you have a CONTINUING OBLIGATION to maintain<br />
the accuracy of the Criminal Background Disclosure Form and Certification (and any<br />
accompanying documentation) for the duration of this contract, including any<br />
amendments or extensions thereto. Accordingly, it is your duty to complete and submit<br />
an updated Criminal Background Disclosure Form and Certification whenever there is a<br />
new Person Subject to Disclosure for this contract. NO NEW PERSON SUBJECT TO<br />
DISCLOSURE SHALL PERFORM WORK OR SERVICES OR ENTER ONTO<br />
COUNTY PREMISES UNTIL THE UPDATED CRIMINAL BACKGROUND<br />
DISCLOSURE FORM AND CERTIFICATION IS FILED WITH THE PROCURING<br />
OFFICER. You shall also provide the <strong>County</strong> with any other updates that may be<br />
necessary to comply with the disclosures required by Executive Order 1-2008.<br />
____________________________________________________________<br />
PLEASE CONTINUE TO THE<br />
Criminal Background Disclosure Form and Certification<br />
BEGINNING ON THE NEXT PAGE<br />
57
Contract #: __________________________________<br />
Name of Consultant, Contractor, Lessee, or Licensee:<br />
__________________________________<br />
CRIMINAL BACKGROUND DISCLOSURE<br />
FORM AND CERTIFICATION<br />
If this form is being completed by a subconsultant, subcontractor, sublessee, or<br />
sublicensee, please consider all references in this form to “consultant, contractor,<br />
lessee, or licensee” to mean “subconsultant, subcontractor, sublessee, or sublicensee”<br />
and check here: ____________________<br />
I, _______________________________________________, certify that I am a<br />
(Name of Person Signing Below)<br />
principal or a representative of the Consultant, Contractor, Lessee, or Licensee and I<br />
am authorized to complete and execute this Criminal Background Disclosure Form and<br />
Certification. I certify that I have asked each Person Subject to Disclosure the following<br />
questions:<br />
• Have you or your company ever been convicted of a crime (all felonies<br />
and misdemeanors as defined under the New York State Penal Law or<br />
the equivalent under Federal law or the laws of any other State)<br />
including, but not limited to, conviction for commission of fraud,<br />
embezzlement, theft, forgery, bribery, falsification or destruction of<br />
records, making false statements or receiving stolen property<br />
• Are you or your company subject to any pending criminal charges (all<br />
felonies and misdemeanors as defined under the New York State Penal<br />
Law or the equivalent under Federal law or the laws of any other State)<br />
I certify that the names and titles of Persons Subject to Disclosure who refused to<br />
answer either of the questions above are:<br />
1. ________________________________________________________________<br />
2. ________________________________________________________________<br />
3. ________________________________________________________________<br />
4. ________________________________________________________________<br />
5. ________________________________________________________________<br />
(If more space is needed, please attach separate pages labeled “REFUSED to Answer -<br />
Continued.”)
I certify that the names and titles of Persons Subject to Disclosure who answered “Yes”<br />
to either of the questions above are:<br />
1. ________________________________________________________________<br />
2. ________________________________________________________________<br />
3. ________________________________________________________________<br />
4. ________________________________________________________________<br />
5. ________________________________________________________________<br />
(If more space is needed, please attach separate pages labeled “YES Answers -<br />
Continued.”)<br />
Each Person Subject to Disclosure listed above who has either been convicted of a<br />
crime(s) and/or is subject to a pending criminal charge(s) must answer additional<br />
questions. Those questions are below.<br />
A Person Subject to Disclosure who has been convicted of a crime(s) must respond<br />
to the following (please attach separate pages with responses for each person, with<br />
their name and title):<br />
1.) Describe the reason for being on <strong>County</strong> property if applicable, identify the<br />
specific duties and responsibilities on this project which you intend to perform<br />
for the <strong>County</strong>, including but not limited to, access to sensitive data and<br />
facilities and access to vulnerable populations.<br />
2.) Please list all criminal convictions along with a brief description of the crime(s)<br />
(including all felonies and misdemeanors as defined under the New York<br />
State Penal Law or the equivalent under Federal law or the laws of any other<br />
State).<br />
3.) Please provide the date and place of each conviction.<br />
4.) Please provide your age at the time of each crime for which you were<br />
convicted.<br />
5.) Please provide the legal disposition of each case.<br />
6.) Please provide any information either produced by yourself or someone on<br />
your behalf in regards to your rehabilitation and good conduct.<br />
A Person Subject to Disclosure who is subject to a pending criminal charge(s) must<br />
respond to the following (please attach separate pages with responses for each person,<br />
with their name and title):<br />
1.) Describe the reason for being on <strong>County</strong> property and if applicable, identify the<br />
specific duties and responsibilities on this project which you intend to perform for<br />
the <strong>County</strong>, including but not limited to, access to sensitive data and facilities and<br />
access to vulnerable populations.<br />
2
2.) Please identify all pending criminal charges (all felonies and misdemeanors as<br />
defined under the New York State Penal Law or the equivalent under Federal law<br />
or the laws of any other State).<br />
3.) Please briefly describe the nature of the pending charges and the date upon<br />
which it is alleged that a crime was committed.<br />
I hereby certify that all of the information provided herein (and in any and all<br />
attachments) is true and accurate and that all disclosures required by Executive Order<br />
1-2008 and this Criminal Background Disclosure Form and Certification have been<br />
completed. By my signature below, I hereby affirm that all of the facts, statements and<br />
answers contained herein (and in any and all attachments) are true and correct. I<br />
understand that providing false or incomplete information or withholding by omission or<br />
intention pertinent information will be cause for refusing further consideration of my<br />
being utilized under this contract.<br />
It is understood and agreed that no Person Subject to Disclosure shall perform<br />
work or services or enter onto <strong>County</strong> property until this required Criminal<br />
Background Disclosure Form and Certification is filed with the Procuring Officer.<br />
It is understood and agreed that to the extent that new Persons Subject to<br />
Disclosure are proposed to perform work or provide services under this contract<br />
after filing of this Criminal Background Disclosure Form and Certification with the<br />
Procuring Officer, such new Persons Subject to Disclosure shall not perform<br />
work or provide services or enter into <strong>County</strong> property until an updated Criminal<br />
Background Disclosure Form and Certification has been filed with the Procuring<br />
Officer.<br />
It is further understood and agreed that the consultant, contractor, lessee, or<br />
licensee has a continuing obligation to maintain the accuracy of the Criminal<br />
Background Disclosure Form and Certification for the duration of this contract,<br />
including any amendments or extensions thereto, and shall provide any updates<br />
to the information to the <strong>County</strong> as necessary to comply with the requirements of<br />
Executive Order 1-2008.<br />
_________________________________________<br />
Name: _____________________________<br />
Title: _____________________________<br />
Date: _____________________________<br />
__________________________________<br />
Notary Public<br />
___________________<br />
Date<br />
3
FORM IV-7<br />
CERTIFICATION REGARDING BUSINESS DEALINGS<br />
WITH NORTHERN IRELAND<br />
A. The Contractor and any individual or legal entity in which the Contractor holds<br />
a ten percent (10%) or greater ownership interest and any individual or legal entity that<br />
holds a ten percent (10%) or greater ownership interest in the Contractor (a) has no<br />
business operations in Northern Ireland, or (b) shall take lawful steps in good faith to<br />
conduct any business operations in Northern Ireland in accordance with the MacBride<br />
Principles.<br />
B. For purposes of this Certification, “MacBride Principles” shall mean those<br />
principles relating to nondiscrimination in employment and freedom of workplace<br />
opportunity which require employers doing business in Northern Ireland to:<br />
(1) increase the representation of individuals from underrepresented religious<br />
groups in the work force, including managerial, supervisory, administrative, clerical and<br />
technical jobs;<br />
(2) take steps to promote adequate security for the protection of employees from<br />
underrepresented religious groups both at the workplace and while traveling to and from<br />
work;<br />
(3) ban provocative religious or political emblems from the workplace;<br />
(4) publicly advertise all job openings and make special recruitment efforts to<br />
attract applicants from underrepresented religious groups;<br />
(5) establish layoff, recall and termination procedures which do not in practice<br />
favor a particular religious group;<br />
(6) abolish all job reservations, apprenticeship restrictions and differential<br />
employment criteria which discriminate on the basis of religion;<br />
(7) develop training programs that will prepare substantial numbers of current<br />
employees from underrepresented religious groups for skilled jobs, including the<br />
expansion of existing programs and the creation of new programs to train, upgrade and<br />
improve the skills of workers from underrepresented religious groups;<br />
(8) establish procedures to assess, identify and actively recruit employees from<br />
underrepresented religious groups with potential for further advancement; and<br />
(9) appoint a senior management staff member to oversee affirmative action<br />
efforts and develop a timetable to ensure their full implementation.<br />
C. For purposes of this Certification, “Northern Ireland” shall be understood to be<br />
the six counties partitioned from the Irish Province of Ulster, and administered from<br />
London and/or from Stormont.<br />
4
D. The Contractor agrees that the warranties and representation in paragraph<br />
“A” are material conditions of this Agreement. If the <strong>County</strong> receives information that<br />
the Contractor is in violation of paragraph “A,” the <strong>County</strong> shall review such information<br />
and give the Contractor opportunity to respond. If the <strong>County</strong> finds that such a violation<br />
has occurred, the <strong>County</strong> may declare the Contractor in default, and/or terminate this<br />
Agreement. In the event of any such termination, the <strong>County</strong> may procure the supplies,<br />
services or work from another source in accordance with applicable law. The<br />
Contractor shall pay to the <strong>County</strong> the difference between the contract price for the<br />
uncompleted portion of this Agreement and the cost to the <strong>County</strong> of completing<br />
performance of this Agreement either by itself or by engaging another contractor. If this<br />
is a contract other than a construction contract, the Contractor shall be liable for the<br />
difference in price if the cost of procurement from another source is greater than what<br />
the <strong>County</strong> would have paid the Contractor plus any reasonable costs the <strong>County</strong> incurs<br />
in any new procurement and if this is a construction contract, the <strong>County</strong> shall also have<br />
the right to hold the Contractor in partial or total default in accordance with the default<br />
provisions of this Agreement. In addition, the Contractor may be declared not to be a<br />
responsible bidder or proposer for up to three (3) years, following written notice to the<br />
Contractor, giving the Contractor the opportunity for a hearing at which the Contractor<br />
may be represented by counsel. The rights and remedies of the <strong>County</strong> hereunder shall<br />
be in addition to, and not in lieu of, any rights and remedies the <strong>County</strong> has pursuant to<br />
this Agreement or by operation of law or in equity.<br />
Agreed:<br />
Name of Contractor__________________________________________<br />
By: (Authorized Representative)________________________________<br />
Title:__________________________ Date_______________________<br />
5
FORM IV-8<br />
QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES<br />
OWNED AND CONTROLLED BY PERSONS OF COLOR OR WOMEN<br />
As part of the <strong>County</strong>'s program to encourage the meaningful and significant<br />
participation of business enterprises owned and controlled by persons of color or<br />
women in <strong>County</strong> contracts, and in furtherance of Local Law No. 27-1997 we request<br />
that you answer the questions listed below.<br />
The term persons of color means a United States citizen or permanent resident alien<br />
who is and can demonstrate membership of one of the following groups: (a) Black<br />
persons having origins in any of the Black African racial groups; (b) Hispanic persons of<br />
Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either<br />
Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native<br />
persons having origins in any of the original peoples of North American; or (d) Asian or<br />
Pacific Islander persons having origins in any of the Far East countries, South East<br />
Asia, the Indian sub-continent or the Pacific Islands.<br />
An enterprise owned and controlled by persons of color or women means a business<br />
enterprise including a sole proprietorship, limited liability partnership, partnership,<br />
limited liability corporation or corporation that is (a.) at least 51 % owned by one or more<br />
persons of color or women; (b.) an enterprise in which such ownership by persons of<br />
color or women is real, substantial and continuing; (c.) an enterprise in which such<br />
ownership interest by persons of color or women has and exercises the authority to<br />
control and operate, independently, the day-to-day business decisions of the enterprise;<br />
and (d.) an enterprise authorized to do business in this state which is independently<br />
owned and operated.<br />
In addition, a business enterprise owned and controlled by persons of color or women<br />
shall be deemed to include any business enterprise certified as an MBE or WBE<br />
pursuant to Article 15-a of the New York State Executive Law and implementing<br />
regulations, 9 NYCRR subtitle N Part 540 et seq., or as a small disadvantaged business<br />
concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant<br />
provisions of the Code of Federal Regulations as amended.<br />
1. Are you a business enterprise which is owned and controlled by persons of color<br />
or women in accordance with the standards listed above<br />
________ No<br />
________ Yes (as a business owned and controlled by persons of color)<br />
________ Yes (as a business owned and controlled by women)<br />
2. If you are business owned and controlled by persons of color, please specify the<br />
minority classifications which apply:<br />
6
3. Are you certified with the State of New York as a minority business enterprise<br />
(“MBE”) or a women owned business enterprise (“WBE”)<br />
________ No<br />
________ Yes (as a MBE)<br />
________ Yes (as a WBE)<br />
4. If you are certified with the State of New York as an MBE, please specify the<br />
minority classifications which apply:<br />
5. Are you certified with the Federal Government as a small disadvantaged<br />
business concern<br />
________ No<br />
________ Yes<br />
Name of Firm/Business Enterprise:<br />
Address:<br />
Name/Title of Person Completing MBE/WBE Questionnaire:<br />
Signature:<br />
7
FORM IV-9<br />
ENROLLMENT IN A QUALIFIED TRANSPORTATION FRINGE PROGRAM<br />
Pursuant to Executive Order 7-2005, each contractor, concessionaire, or vendor (“Contractor”) doing<br />
business with the <strong>County</strong> must enroll in a Qualified Transportation Fringe program, as defined in<br />
§132(f)(1) of the Internal Revenue Code, (“QTFP”) when:<br />
1.) the <strong>County</strong> is committed to pay over to the Contractor funds for services which are to be provided<br />
to or on behalf of the <strong>County</strong>, the total value of which is at least $100,000 in any twelve month<br />
period during the contract term, and<br />
2.) the Contractor employs more than 25 individuals who utilize public transportation and/or pay for<br />
commuter parking at least one day per week, regardless of whether those employees are<br />
engaged in work pursuant to the <strong>County</strong> contract.<br />
Accordingly, each Contractor must complete this form concerning its enrollment in a<br />
QTFP.______________________________________________________________________________<br />
I certify that, under Executive Order 7-2005, _______________________________________:<br />
(Name of Contractor)<br />
(please check off only one option)<br />
_____ is required to be enrolled in a QTFP and:<br />
_____ is enrolled in a QTFP<br />
_____ has initiated the process of enrolling in a QTFP 3<br />
_____ is requesting a waiver from compliance with Executive Order 7-2005 because:<br />
(please check off only one option and attach a detailed explanation)<br />
_____ the Contractor has an inability to comply<br />
_____ hardship would result from compliance<br />
(please check off all that apply)<br />
_____ is not required to be enrolled in a QTFP because:<br />
_____ the total value of this contract is less than $100,000 for any twelve month period during the<br />
contract term.<br />
_____ the Contractor employs 25 or fewer individuals who utilize public transportation and/or pay for<br />
commuter parking at least one day per week, regardless of whether those employees are engaged in<br />
work pursuant to the contract.<br />
Signature:________________________________<br />
Name: __________________________________________<br />
Title: ____________________________________________<br />
Date: ___________________________________________<br />
3 Pursuant to Executive Order 7-2005, the contractor shall notify, in writing, the appropriate personnel in the <strong>County</strong><br />
department charged with administration of the contract, upon the commencement of its participation in a QTFP.<br />
——————————————————————————————————————————————<br />
FOR COUNTY USE ONLY<br />
Waiver is: _____ Approved ________________________________ _____________<br />
_____ Disapproved Commissioner or Department Head Date<br />
8
FORM IV-10<br />
Contract #: __________________________________<br />
Name of Contractor: __________________________________<br />
REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY<br />
A potential <strong>County</strong> contractor must complete this form as part of the proposed <strong>County</strong><br />
contract.<br />
1.) Are any of the employees that the Contractor will use to carry out this contract<br />
also a <strong>County</strong> officer or employee, or the spouse, child, or dependent of a <strong>County</strong> officer<br />
or employee<br />
Yes ______<br />
No ______<br />
If yes, please provide details (attach extra pages, if necessary):<br />
______________________________________________________________________<br />
______________________________________________________________________<br />
2.) Are any of the owners of the Contractor or their spouses a <strong>County</strong> officer or<br />
employee<br />
Yes ______<br />
No ______<br />
If yes, please provide details (attach extra pages, if necessary):<br />
______________________________________________________________________<br />
______________________________________________________________________<br />
3.) Do any <strong>County</strong> officers or employees have an interest 4 in the Contractor or in<br />
any approved subcontractor that will be used for this contract<br />
Yes ______<br />
No ______<br />
4 “Interest” means a direct or indirect pecuniary or material benefit accruing to a <strong>County</strong> officer or employee, his/her spouse,<br />
child or dependent, whether as the result of a contract with the <strong>County</strong> or otherwise. For the purpose of this form, a <strong>County</strong><br />
officer or employee shall be deemed to have an "interest" in the contract of:<br />
1.) His/her spouse, children and dependents, except a contract of employment with the <strong>County</strong>;<br />
2.) A firm, partnership or association of which such officer or employee is a member or employee;<br />
3.) A corporation of which such officer or employee is an officer, director or employee; and<br />
4.) A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties.<br />
9
If yes, please provide details (attach extra pages, if necessary):<br />
_____________________________________________________________________<br />
______________________________________________________________________<br />
By signing below, I hereby certify that I am authorized to complete this form for the<br />
Contractor.<br />
Name: _________________________________________<br />
Title: _______________________<br />
10
APPENDIX “A”<br />
STANDARD INSURANCE PROVISIONS<br />
(Contractor)<br />
1. Prior to commencing work, the Contractor shall obtain at its own cost and expense the<br />
required insurance from insurance companies licensed in the State of New York, carrying a<br />
Best's financial rating of A or better, and shall provide evidence of such insurance to the <strong>County</strong><br />
of <strong>Westchester</strong>, as may be required and approved by the Director of Risk Management of the<br />
<strong>County</strong>. The policies or certificates thereof shall provide that thirty days prior to cancellation or<br />
material change in the policy, notices of same shall be given to the Director of Risk Management<br />
of the <strong>County</strong> of <strong>Westchester</strong> by registered mail, return receipt requested, for all of the following<br />
stated insurance policies. All notices shall name the Contractor and identify the Agreement.<br />
If at any time any of the policies required herein shall be or become unsatisfactory to the<br />
<strong>County</strong>, as to form or substance, or if a company issuing any such policy shall be or become<br />
unsatisfactory to the <strong>County</strong>, the Contractor shall upon notice to that effect from the <strong>County</strong>,<br />
promptly obtain a new policy, submit the same to the Department of Risk Management of the<br />
<strong>County</strong> of <strong>Westchester</strong> for approval and submit a certificate thereof. Upon failure of the<br />
Contractor to furnish, deliver and maintain such insurance, the Agreement, at the election of the<br />
<strong>County</strong>, may be declared suspended, discontinued or terminated. Failure of the Contractor to<br />
take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve<br />
the Contractor from any liability under the Agreement, nor shall the insurance requirements be<br />
construed to conflict with or otherwise limit the contractual obligations of the Contractor<br />
concerning indemnification. All property losses shall be made payable to and adjusted with the<br />
<strong>County</strong>.<br />
In the event that claims, for which the <strong>County</strong> may be liable, in excess of the insured<br />
amounts provided herein are filed by reason of Contractor’s negligent acts or omissions under<br />
the Agreement or by virtue of the provisions of the labor law or other statute or any other reason,<br />
the amount of excess of such claims or any portion thereof, may be withheld from payment due<br />
or to become due the Contractor until such time as the Contractor shall furnish such additional<br />
security covering such claims in form satisfactory to the <strong>County</strong> of <strong>Westchester</strong>.<br />
2. The Contractor shall provide proof of the following coverage (if additional coverage is<br />
required for a specific agreement, those requirements will be described in the "Special<br />
Conditions" of the contract specifications):<br />
(a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company<br />
form U-26.3 is required for proof of compliance with the New York State Workers'<br />
Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of<br />
compliance with the New York State Disability Benefits Law. Location of operation shall be<br />
"All locations in <strong>Westchester</strong> <strong>County</strong>, New York."<br />
11
Where an applicant claims to not be required to carry either a Workers' Compensation<br />
Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200,<br />
available to download at: http://www.wcb.ny.gov/.<br />
If the employer is self-insured for Workers’ Compensation, he/she should present a<br />
certificate from the New York State Worker's Compensation Board evidencing that fact (Either<br />
SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of<br />
Participation in Workers’ Compensation Group Self-Insurance).<br />
(b) Employer's Liability with minimum limit of $100,000.<br />
(c) Commercial General Liability Insurance with a minimum limit of liability per<br />
occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined<br />
single limit of $1,000,000 (c.s.1), naming the <strong>County</strong> of <strong>Westchester</strong> as an additional insured.<br />
This insurance shall include the following coverages:<br />
(i) Premises - Operations.<br />
(ii) Broad Form Contractual.<br />
(iii) Independent Contractor and Sub-Contractor.<br />
(iv) Products and Completed Operations.<br />
All Contracts involving the use of explosives and demolition shall provide the above<br />
coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered.<br />
(d) Automobile Liability Insurance with a minimum limit of liability per occurrence of<br />
$1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property<br />
damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract<br />
specifications. This insurance shall include for bodily injury and property damage the following<br />
coverages:<br />
(i) Owned automobiles.<br />
(ii) Hired automobiles.<br />
(iii) Non-owned automobiles.<br />
3. All policies of the Contractor shall be endorsed to contain the following clauses:<br />
(a) Insurers shall have no right to recovery or subrogation against the <strong>County</strong> of<br />
<strong>Westchester</strong> (including its employees and other agents and agencies), it being the intention of the<br />
parties that the insurance policies so effected shall protect both parties and be primary coverage<br />
for any and all losses covered by the above-described insurance.<br />
(b) The clause "other insurance provisions" in a policy in which the <strong>County</strong> of<br />
<strong>Westchester</strong> is named as an insured, shall not apply to the <strong>County</strong> of <strong>Westchester</strong>.<br />
12
(c) The insurance companies issuing the policy or policies shall have no recourse against<br />
the <strong>County</strong> of <strong>Westchester</strong> (including its agents and agencies as aforesaid) for payment of any<br />
premiums or for assessments under any form of policy.<br />
(d) Any and all deductibles in the above described insurance policies shall be assumed<br />
by and be for the account of, and at the sole risk of, the Contractor.<br />
13
APPENDIX “B”<br />
OPERATING AGREEMENT<br />
THIS AGREEMENT made this ___ day of_____, 2013 by and between:<br />
THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York,<br />
having an office and place of business in the Michaelian Office Building, 148 Martine Avenue,<br />
White Plains, New York, 10601 (hereinafter referred to as the “<strong>County</strong>”) acting by and through<br />
its Dept. of Public Works and Transportation having an office and place of business at 148<br />
Martine Avenue, White Plains, New York 10601<br />
(hereinafter referred to as the “<strong>County</strong>”)<br />
_________________________________________________., a corporation having an office and<br />
place of business at ___________________________________________________________<br />
(hereinafter referred to as the “Operator”)<br />
WITNESSETH:<br />
WHEREAS, the <strong>County</strong> issued a Request for Proposals entitled “<strong><strong>County</strong>wide</strong> <strong>Bee</strong>-<strong>Line</strong><br />
<strong>ParaTransit</strong> <strong>Innovative</strong> For Hire Car Services” seeking proposals for curb to curb paratransit<br />
services within the <strong>County</strong> to a certain portion of disabled individuals (hereinafter “riders”) in<br />
accordance with applicable federal, state and local laws, rules and regulations; and<br />
WHEREAS, the Operator, being the successful proposer, desires to provide such<br />
paratransit services.<br />
NOW, THEREFORE, the parties hereto in consideration of the terms, conditions and<br />
covenants hereinafter set forth, the parties agree as follows:<br />
1. SCOPE OF SERVICES: The Operator shall perform those services as described<br />
and as more fully set forth in Schedule “A” (RFP and Operator proposal), which is attached<br />
hereto and made a part hereof.<br />
2. TIME OF PERFORMANCE: The term of this Agreement shall commence on<br />
__________________ and shall expire _____, with the <strong>County</strong>’s option to extend the agreement<br />
for one additional one year period on the terms and conditions set forth herein.<br />
There shall be no adjustments to the amount payable per trip beyond those<br />
expressly provided for in Schedule “A” and herein.<br />
14
3. PAYMENT:<br />
A. Subject to compliance with the terms and conditions of this Agreement, the <strong>County</strong><br />
agrees to pay the Operator at such rates of payment as are set forth in Schedule “A” (Section IV,<br />
Price Offer Forms) attached hereto and made a part hereof. The total cost to the <strong>County</strong> under<br />
this Agreement shall not exceed $__________.<br />
B. It is understood by and between the parties hereto that this Agreement shall be<br />
deemed executory to the extent of monies duly appropriated for <strong>ParaTransit</strong> services and that the<br />
<strong>County</strong> shall not incur any liability on account thereof beyond monies duly appropriated therein<br />
and available for the purposes hereof. Without limiting the foregoing, payments made hereunder<br />
are subject to future appropriations. In the event funds are not appropriated, the <strong>County</strong>, in<br />
addition to any other remedy or rights it may have, may terminate this Agreement upon fortyeight<br />
(48) hours notice. In such event, the Operator shall be compensated and the <strong>County</strong> shall<br />
be liable only - for the payment for services already rendered under this Agreement prior to the<br />
effective date of termination. Such notice shall be effective upon mailing thereof.<br />
The Operator hereby acknowledges that the <strong>County</strong> may seek Federal and State funding<br />
for the services provided pursuant to this Agreement. Accordingly, the Operator, shall not act in<br />
any way whatsoever to jeopardize the <strong>County</strong>’s eligibility for such funding.<br />
If at any time prior to or subsequent to execution of this Agreement applicable Federal<br />
and/or State rules or regulations impose requirements of the <strong>County</strong> that affect <strong>ParaTransit</strong><br />
Services, which requirements are not provided for hereunder, the Operator shall promptly<br />
comply with any such further requirements that the <strong>County</strong> may impose on the Operator for the<br />
purpose of enabling the <strong>County</strong> to obtain continued Federal and/or State funding. The Operator<br />
shall comply with all applicable federal, state and local laws, rules, regulations, reporting<br />
requirements, ordinances and any amendments thereto, and standards applicable to the services<br />
provided pursuant to this Agreement and to the Operator’s performance hereunder.<br />
C. To obtain payment for services provided, the Operator must submit to the <strong>County</strong><br />
within fifteen (15) days following the end of each billing period, a requisition for payment for<br />
the services rendered in the preceding billing period. In such requisition the Operator must, as a<br />
condition of payment, submit all documentation including, but not limited to dispatcher sheets,<br />
driver logs and all other documentation required by Schedule “A”.<br />
D. In the event of a dispute between the <strong>County</strong> and the Operator over the value of<br />
services rendered, the Operator shall be given notice and the Operator shall have ten (10) days to<br />
reconcile the invoice in question and submit it to the <strong>County</strong> in writing. In this event, the <strong>County</strong><br />
shall be empowered to withhold approval for compensation for a sum equal to the full value of<br />
the disputed charges. It is understood and agreed that the Commissioner of the Department of<br />
Transportation (“Commissioner”) shall determine the value of such services rendered by the<br />
Operator. Such reasonable and good faith determination shall be accepted by the Operator as<br />
final.<br />
15
E. Should a determination be made by the <strong>County</strong> that services rendered on a specific<br />
occasion failed to meet the level of service described in Schedule “A”, in addition to all other<br />
available remedies the <strong>County</strong> may have pursuant to this Agreement, the <strong>County</strong> shall have theright<br />
to offset from moneys due and owing the Operator at any given time pursuant to this<br />
Agreement, the amount of damages suffered by the <strong>County</strong> due to the Operator’s failure to<br />
render services in compliance with the Agreement. Due to the nature of the services rendered<br />
hereunder and consequently the difficulty in estimating damages in the event the Operator fails<br />
to comply with the terms and conditions herein, the parties agree that the damages in the below<br />
listed situations shall be just compensation to the <strong>County</strong> as follows:<br />
Failure to provide a scheduled trip due to<br />
Operator’s negligence.<br />
Failure to have an adequate number of staff to<br />
provide service in accordance with the<br />
specification.<br />
Failure to report an accident/incident.<br />
Failure to adhere to the specifications.<br />
Failure to submit required documentation in<br />
the manner outlined in the specifications.<br />
Transporting unauthorized individuals on<br />
equipment used to provide services covered<br />
by this Agreement.<br />
Failure to maintain vehicles in accordance with<br />
the maintenance schedule contained<br />
in Schedule “A”.<br />
$200.00 per occurrence.<br />
$200.00 per occurrence.<br />
$200.00 per day that the report is delayed.<br />
$200.00 per occurrence.<br />
$200.00 per day that documentation is delayed<br />
$200.00 per occurrence.<br />
$200.00 per occurrence.<br />
The <strong>County</strong> shall give the Operator ten (10) days notice of its intention to assess damages<br />
as provided for herein. The Operator shall submit its written opposition within such ten (10) day<br />
period. The Operator may appeal the Department’s determination hereunder to the<br />
Commissioner. The Commissioner’s reasonable and good faith determination in this regard shall<br />
be accepted by the Operator as final.<br />
F. In the event that an audit of records results in a determination that the Operator has<br />
collected compensation in excess of that due under the terms of this Agreement, the <strong>County</strong> shall<br />
offset such excess compensation from moneys due and owing Operator.<br />
G. All payments made by the <strong>County</strong> to the Contractor will be made by electronic funds<br />
transfer (“EFT”) pursuant to the <strong>County</strong>’s Vendor Direct program. Successful Contractors doing<br />
business with <strong>Westchester</strong> <strong>County</strong>, who are not already enrolled in the Vendor Direct Program,<br />
will be required to fill out and submit an EFT Authorization Form prior to receiving an award or<br />
16
purchase order. The EFT Authorization Form, Instructions and related information are annexed<br />
hereto as Appendix “C” of Schedule “A.” Payments will be automatically credited to the<br />
Contractor’s designated bank account at the Contractor’s financial institution. Payments are<br />
anticipated to be deposited two business days after the voucher/invoice is processed for payment.<br />
Saturdays, Sundays, and legal holidays are not considered business days. Under the Vendor<br />
Direct program you will receive an e-mail notification two days prior to the day the payment will<br />
be credited to your designated account. The e-mail notification will come in the form of a<br />
remittance advice with the same information that currently appears on <strong>County</strong> check stubs and<br />
will contain the date that the funds will be credited to your account. All information received<br />
will be treated and handled as strictly confidential.<br />
The completed Authorization Form must be returned by the Contractor to the <strong>County</strong> prior to<br />
execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship<br />
Waiver Request Form, please contact the Finance Department.<br />
4. SUPERVISION AND MANAGEMENT:<br />
The Operator hereby acknowledges that a material element of this Agreement is the<br />
Operator’s representation that its business operations hereunder, including but not limited to staff<br />
training, driver supervision, trip dispatching and vehicle maintenance, shall be conducted,<br />
supervised and managed in accordance with the terms and conditions outlined in Schedule “A”.<br />
Should the conduct, management and/or supervision of the Operator’s business operations<br />
hereunder change in any way from the terms and conditions set forth in Schedule “A”, the<br />
Operator shall notify the <strong>County</strong> in writing of same. The <strong>County</strong> shall, at its option, terminate<br />
this Agreement in accordance with the terms and conditions herein provided.<br />
5. AUDIT AND INSPECTION OF BOOKS AND RECORDS:<br />
The Operator shall keep accurate books, records and other documents of its business<br />
operations hereunder as specified in Schedule “A” in a form and manner acceptable to the<br />
Commissioner. Business records shall be kept in accordance with generally accepted accounting<br />
principles. Such records shall be maintained within <strong>Westchester</strong> <strong>County</strong> and be made available<br />
during business hours to any authorized representative of the <strong>County</strong> as specified in Schedule<br />
“A”.<br />
6. SATISFACTORY PERFORMANCE:<br />
A. The <strong>County</strong> shall have the right to object to the Operator regarding the demeanor,<br />
conduct, appearance or performance of the Operator’s employees whereupon the Operator<br />
promptly shall take all necessary steps to cure the cause of the objection and to ensure that the<br />
services provided by its employees comply with the service specifications outlined in Schedule<br />
“A”.<br />
B. If the Commissioner, after consultation with the Operator, in his sole judgment, shall<br />
determine in good faith that the best interest of the <strong>County</strong> requires the re-assignment of a<br />
member of the Operator’s staff from the provision of services covered by this contract, the<br />
Commissioner shall so notify the Operator. Immediately upon receipt of the notice, the Operator<br />
shall re-assign the staff member. The staff member may not be assigned to any service for which<br />
the <strong>County</strong> contracts with the Operator that is provided to comply with Section 504 of the<br />
Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990.<br />
17
C. The Operator shall at all times comply with the performance standards specified in<br />
Schedule “A”. If the Operator fails to satisfy such standards, the Operator’s service areas shall<br />
be temporarily reduced as provided in Section 7 below.<br />
7. TERMINATION: In addition to the right of termination for cause, the <strong>County</strong> may<br />
without cause terminate this contract in whole or in part upon written notice to the Operator<br />
whenever the <strong>County</strong> deems such termination to be in its best interest. In such event the<br />
Operator shall be compensated and the <strong>County</strong> shall be liable only for payment for services<br />
already rendered prior to the effective date of termination. Such notice shall be effective upon<br />
mailing thereof<br />
8. CONDITION OF VEHICLES:<br />
A. The Operator agrees that in providing the Service pursuant to this Agreement it will<br />
utilize vehicles that conform to the standards specified in Schedule “A”. Failure to use vehicles<br />
that meet these standards shall be grounds, in the sole good faith discretion of the Commissioner,<br />
for termination of the Agreement, or alternatively for a 100% reduction in payments for each<br />
substandard trip for which compensation is requested under the terms of this Agreement.<br />
B. The Operator agrees that upon request and without delay, it will permit the <strong>County</strong> to<br />
make both scheduled and unscheduled inspections of the vehicles used by the Operator in<br />
providing service under the terms of this Agreement.<br />
9. Intentionally Omitted.<br />
10. INSURANCE AND INDEMNIFICATION:<br />
A. In addition to, and not in limitation of the insurance provisions contained in Schedule<br />
“A”, attached hereto and made a part hereof, the Operator agrees:<br />
(i) that except for the amount, if any, of damage contributed to, caused by or resulting<br />
from the negligence of the <strong>County</strong>, or damage covered by the <strong>County</strong>’s insurance policy<br />
provided under the Lease Agreement, the Operator shall indemnify and hold harmless the<br />
<strong>County</strong>, its officers, employees and agents from and against any and all liability, damage, claims,<br />
demands, costs, judgments, fees, attorneys’ fees or loss arising directly or indirectly out of the<br />
performance or failure to perform hereunder by the Operator or third parties under the direction<br />
or control of the Operator; and<br />
(ii) to provide defense for and defend, at its sole expense, any and all claims, demands or<br />
causes of action directly or indirectly arising out of this Agreement and to bear all other costs<br />
and expenses related thereto.<br />
11. REMEDIES:<br />
A. In the event that the Operator defaults in the performance of any terns, condition or<br />
covenant herein contained, the <strong>County</strong> at its option and in addition to any other remedy it may<br />
have to seek damages, judicial enforcement or other lawful remedy, may terminate this<br />
18
Agreement upon ten (10) days notice to the Operator provided, however, that the Operator may<br />
defeat such termination notice by curing the default complained of within such notice period or,<br />
if not within such reasonable notice period, by promptly commencing to correct the default and<br />
diligently pursuing all necessary and appropriate action to affect such cure. Upon a second<br />
default by the Operator, the <strong>County</strong> at its option and in addition to any other remedy it may have<br />
to seek damages, judicial enforcement or any other’ lawful remedy, may terminate this<br />
Agreement upon written notice to the Operator. The <strong>County</strong>, upon thirty (30) days notice to the<br />
Operator may terminate this Agreement in whole or in part when the <strong>County</strong> deems it to be in its<br />
best interest. In such event, the Operator shall be compensated and the <strong>County</strong> shall be liable<br />
only for payment for services already rendered under this Agreement prior to the effective date<br />
of termination. Such notice shall be effective immediately upon mailing thereof.<br />
B. Intentionally Omitted.<br />
C. The failure of the <strong>County</strong> to insist in any one or more instances upon strict<br />
performance of any term or condition herein contained shall not be doomed a waiver or<br />
relinquishment for the future of such term or condition but the same shall remain in full force<br />
and effect. Payment by the <strong>County</strong> of any fee due hereunder with knowledge of a breach of any<br />
tam or condition hereof shall not be deemed a waiver of any such breach and no waiver by the<br />
<strong>County</strong> or any provision hereof shall be implied.<br />
12. PERFORMANCE SECURITY: The Operator shall furnish within ten (10) days of<br />
the award and at its own expense, a performance and payment bond in a form (copy available<br />
upon request) approved by the <strong>County</strong> Attorney’s Office (from a surety that appears on the U.S.<br />
Treasury’s listing of approved sureties, Department Circular 570, and is licensed to transact<br />
business in New York State) or certified check payable to <strong>Westchester</strong> <strong>County</strong> in a sum equal to<br />
ten percent (10%) of the estimated annual payment for the first year to ensure the faithful<br />
performance of the contract and for the payment of all persons performing labor and furnishing<br />
materials in connection with the contract. In the alternative, the <strong>County</strong> shall retain 10% of<br />
the payments due the Operator up to a maximum of 10% of the estimated annual payment<br />
due the Operator for the first year until the Operator has satisfactorily completed its<br />
obligations under the contract. The estimated annual payment for the first year of service shall<br />
be calculated based on the Price Offer Form. An updated performance bond, payment retainage,<br />
irrevocable letter of credit, or certified check shall be submitted annually 30 days prior to the<br />
commencement of the contract term beyond one year and the option year of the contract. If at<br />
any time the surety shall be or become unsatisfactory to the <strong>County</strong>, then in that case the<br />
provider shall, upon ten (10) days notice thereof in writing from the <strong>County</strong>, furnish a new and<br />
additional bond in place of the original bond.<br />
13. ASSIGNMENT OF RIGHTS/DELEGATION OF DUTIES:<br />
A. The Operator shall not sell, assign, mortgage or transfer any interest in this<br />
Agreement without obtaining the prior written consent of the <strong>County</strong>, it being the intention and<br />
purpose of the <strong>County</strong> to grant this Agreement solely and exclusively to the Operator. The<br />
<strong>County</strong> shall not be obligated to give its consent.<br />
19
B. Any attempt by the Operator to make such assignment or delegation shall give the<br />
<strong>County</strong> the right to terminate this Agreement with no further obligation to the Operator or<br />
anyone to whom the Operator has attempted to assign, transfer or delegate rights or obligations<br />
under this Agreement.<br />
14. INDEPENDENT CONTRACTOR: This Agreement shall not be construed to<br />
make either the <strong>County</strong> or the Operator an agent of or joint venturer with the other. Each of the<br />
parties hereto expressly disclaims any intention to enter into such agency or joint venture and<br />
agrees that it shall so conduct itself as not to act or purport to act on behalf of the other.<br />
15. EQUAL EMPLOYMENT OPPORTUNITY: The Operator shall not discriminate<br />
against any employee, applicant for employment, independent contractor or any other person<br />
because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, disability<br />
or genetic predisposition or carrier status. The Operator shall take affirmative action to ensure<br />
that applicants are employed, and that employees or agents are treated during employment,<br />
without regard to their race, color, religion, creed, ancestry, national origin, age, sex, marital<br />
status, disability or genetic predisposition or carrier status. Such affirmative action shall include,<br />
but is not limited to, the following: employment, upgrading, demotion, transfer, recruitment,<br />
rates -of pay or other forms of compensation and selection for training, including apprenticeship.<br />
16. NOTICES:<br />
A. All notices given by either party to the other shall be effective only if given in writing<br />
and sent by prepaid certified mail, return receipt requested, to the following addresses of the<br />
parties, or to such other addresses as may be designated by the parties in writing. Notice shall be<br />
effective upon date of mailing.<br />
To the <strong>County</strong>:<br />
Commissioner of Public Works and Transportation<br />
148 Martine Avenue<br />
White Plains, New York 10601<br />
with a copy to:<br />
<strong>County</strong> Attorney<br />
Michaelian Office Building, Room 600<br />
148 Martine Avenue<br />
White Plains, New York 10601<br />
To the Operator:<br />
________________________________<br />
________________________________<br />
________________________________.<br />
20
B. Any reports, records, or other documents to be presented to the <strong>County</strong> in connection<br />
with this Agreement shall be delivered to the Director of The Office For The Disabled,<br />
148 Martine Avenue, White Plains, New York 10601.<br />
17. AGREEMENT SUBJECT TO LAWS AND REGULATIONS:<br />
A. The Operator, at its sole cost and expense, shall obtain and maintain in full force and<br />
effect, for the term hereof, all permits, licenses, certificates and approvals from all governmental<br />
authorities as are, or may be, from time to time required for the operations contemplated<br />
hereunder.<br />
B. The Operator assumes all risks in the operation of this Agreement and shall comply<br />
with all federal, state and local laws, rules, regulations and filing requirements applicable thereto.<br />
18. CONFLICT: The Operator agrees that it has no interest and will not acquire any<br />
interest, direct or indirect, that would conflict in any manner or degree with the performance of<br />
the services and duties hereunder. The Operator further agrees that, in the performance of this<br />
Agreement, no person having such interest shall be employed by it.<br />
The Operator represents and warrants that it has not employed or retained any person,<br />
other than a bona fide full time salaried employee working solely for the Operator, to solicit or<br />
secure this Agreement, and that it has not paid or agreed to pay any person (other than payments<br />
of fixed salary to a bona fide full time salaried employee working solely for the Operator) any<br />
fee, commission, percentage, gift or other consideration, contingent upon or resulting from the<br />
award or making of this Agreement. For the breach or violation of this provision, without<br />
limiting any other rights or remedies to which the <strong>County</strong> may be entitled or any civil or criminal<br />
penalty to which any violator may be liable, the <strong>County</strong> shall have the right, in its discretion, to<br />
terminate this Agreement without liability, and to deduct from the contract price, or otherwise to<br />
recover, the full amount of such fee, commission percentage, gift or consideration.<br />
19. INVALIDITY: In the event that any one or more of the provisions of this<br />
Agreement is invalid or becomes unenforceable whether by statute, judicial decisions, or rulings,<br />
the enforceability of the remaining provisions shall be impaired. If either party has notice of any<br />
such statute, regulation, judicial decision or ruling (other than a decision or ruling issued in a<br />
proceeding brought by or against either of the parties hereto), such party shall promptly notify<br />
the other and the parties shall confer in good faith regarding adjustments to this Agreement<br />
which may be required to effect compliance with such statutes, regulation, judicial decision or<br />
ruling.<br />
20. NON-APPROPRIATIONS/BUDGET FUNDING: This Agreement shall be<br />
deemed executory only to the extent of money appropriated and allocated by the <strong>County</strong> for the<br />
performance of the terms hereof, and no liability under this Agreement shall be incurred by the<br />
<strong>County</strong> beyond the moneys available for the purposes hereof. This Agreement is also subject to<br />
further financial analysis of the impact of any New York State Budget (the “State Budget”)<br />
proposed and adopted during the term of this Agreement. The <strong>County</strong> shall retain the right, upon<br />
the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of<br />
21
a State Budget or any amendments thereto, and for a reasonable period of time after such<br />
release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on<br />
<strong>County</strong> finances. After such analysis, the <strong>County</strong> shall retain the right to either terminate this<br />
Agreement or to renegotiate the amounts and rates approved herein. If the <strong>County</strong> subsequently<br />
offers to pay a reduced amount to the Contractor, then the Contractor shall have the right to<br />
terminate this Agreement upon reasonable prior written notice.<br />
21. ENTIRE AGREEMENT:<br />
A. This Agreement in its entirety, consists of these special provisions, consisting of<br />
twenty-three (23) paragraphs and Schedule “A”.<br />
B. This Agreement expresses the entire understanding of the parties hereto with respect<br />
to the subject matter hereof and there is no understanding, agreement, representation or warranty<br />
expressed or implied, oral or written in any way limiting, extending or relating to the provisions<br />
hereof. No subsequent amendment limiting, extending or relating to the provisions hereof shall<br />
be valid unless in writing and signed by duly authorized representatives of the parties hereto.<br />
22. APPROVAL: This Agreement shall not be enforceable until signed by the parties<br />
and approved as to manner and form of execution by the Office of the <strong>County</strong> Attorney.<br />
23. APPLICABLE LAW: This Agreement shall be construed and enforced in<br />
accordance with the laws of the State of New York.<br />
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in<br />
triplicate.<br />
THE COUNTY OF WESTCHESTER<br />
OPERATOR:<br />
_________________________________<br />
Commr. of Public Works and Transportation<br />
____________________________________<br />
Name and Title<br />
Approved by the Board of Acquisition and Contract of the <strong>County</strong> of <strong>Westchester</strong> at a meeting<br />
duly held on _______________________.<br />
Approved as to form and<br />
manner of execution:<br />
_________________________<br />
Assistant <strong>County</strong> Attorney<br />
The <strong>County</strong> of <strong>Westchester</strong><br />
C:d/cxx/for Hire car para 4.01.13<br />
22
CERTIFICATE OF AUTHORITY<br />
I, _________________________________________________________,<br />
(Officer other than officer signing contract)<br />
certify that I am the ___________________________________________________ of<br />
(Title)<br />
the ___________________________________________________________________<br />
(the "Operator")<br />
a Operator duly organized and in good standing under the (Law under which organized, e.g., the<br />
New York Business Corporate Law) named in the foregoing agreement; that<br />
__________________________________________________________________<br />
(Person executing agreement)<br />
who signed said agreement on behalf of the Operator was, at the time of execution<br />
___________________________________________________________________<br />
(Title of such person)<br />
of the Operator and that said agreement was duly signed for and on behalf of said Operator by<br />
authority of its Board of Directors, thereunto duly authorized and that such authority is in full<br />
force and effect at the date hereof.<br />
STATE OF NEW YORK )<br />
ss.:<br />
COUNTY OF WESTCHESTER)<br />
_______________________________________<br />
(Signature)<br />
On this _______ day of _____________, 20__, before me personally came<br />
_______________________________________________, whose signature appears above, to<br />
me known, and known to me to be the ____________________________________of<br />
(Title)<br />
________________________________________________, the Operator described in and<br />
which executed the above certificate, who being by me duly sworn did depose and say that<br />
he/she, the said _______________________________ of said Operator resides at<br />
______________________________________________________________________, and that<br />
he/she signed his/her name hereto by order of the Board of Directors of said Operator.<br />
___________________________________<br />
Notary Public <strong>County</strong>
STATE OF NEW YORK )<br />
ss.:<br />
COUNTY OF WESTCHESTER)<br />
OPERATOR ACKNOWLEDGMENT<br />
(Operator)<br />
On this _______ day of ________________, 2013, before me personally came<br />
__________________________________ to me known, and known to me to be the<br />
________________________________ of ___________________________________________, the<br />
Operator described in and which executed the within instrument, who being by me duly sworn did<br />
depose and say that he/she, the said ________________________________ resides at<br />
_______________________________________________________________<br />
and that he/she is _____________________________ of said Operator and that he/she signed his/her<br />
name thereto by like order.<br />
_________________________________<br />
Notary Public<br />
1
APPENDIX “C”<br />
FOR SUCCESSFUL PROPOSER ONLY<br />
<strong>Westchester</strong> <strong>County</strong> Vendor Direct Program Frequently Asked Questions<br />
1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT)<br />
ASSOCIATED WITH THE VENDOR DIRECT PROGRAM<br />
There are several advantages to having your payments automatically deposited into your designated<br />
bank account via EFT:<br />
Payments are secure – Paper checks can be lost in the mail or stolen, but money deposited directly into<br />
your bank account is more secure.<br />
You save time – Money deposited into your bank account is automatic. You save the time of preparing<br />
and delivering the deposit to the bank. Additionally, the funds are immediately available to you.<br />
2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS<br />
THEY WERE BEFORE VENDOR DIRECT<br />
Yes.<br />
3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT<br />
Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays,<br />
and legal holidays are not considered business days.<br />
4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND<br />
WHAT IT IS FOR<br />
Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the<br />
payment will be credited to your designated account. The e-mail notification will come in the form of a<br />
remittance advice with the same information that currently appears on your check stub, and will contain<br />
the date that the funds will be credited to your account.<br />
5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED<br />
Please contact your <strong>Westchester</strong> <strong>County</strong> representative as you would have in the past if there were a<br />
discrepancy on a check received.<br />
6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK<br />
ACCOUNT ON THE DATE INDICATED IN THE E-MAIL<br />
In the unlikely event that this occurs, please contact the <strong>Westchester</strong> <strong>County</strong> Accounts Payable<br />
Department at 914-995-4708.<br />
7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER<br />
Whenever you change any information or close your account a new Vendor Direct Payment<br />
Authorization Form must be submitted. Please contact the <strong>Westchester</strong> <strong>County</strong> Accounts Payable<br />
Department at 914-995-4708 and we will e-mail you a new form.<br />
8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I<br />
HAVE IT SIGNED BY A BANK OFFICIAL IF I DON’T INCLUDE A VOIDED CHECK<br />
This is to ensure the authenticity of the account being set up to receive your payments.<br />
2