Countywide Bee-Line ParaTransit Innovative - Westchester County ...

westchestergov.com

Countywide Bee-Line ParaTransit Innovative - Westchester County ...

REQUEST FOR PROPOSALS

Countywide

Bee-Line

ParaTransit

Innovative

For Hire Car Services

Westchester County

Dept of Public Works and Transportation

April 1, 2013


Bee-Line ParaTransit Services

Request For Proposals (RFP)

Innovative

For Hire Car Services

To Proposer:

The Westchester County Department of Public Works and Transportation is soliciting

proposals to provide Innovative For Hire Car services for a portion of riders of the County’s

Bee-Line Paratransit system and in compliance with the requirements of the Americans with

Disabilities Act of 1990, as amended, and Section 15-c of the New York State Transportation

Law.

All proposers are required to attend a mandatory proposers meeting on April 12, 2013 at

11:00 AM in Room 527 of the Michaelian Office Building, 148 Martine Ave., White Plains,

New York 10601. Please inform Evan Latainer (contact information below) if you plan to

attend this meeting.

Technical questions are due no later than April 17, 2013.

Technical questions are to be mailed, faxed or e-mailed to:

Chris D. Andritsopoulos

Program Administrator for Transportation Operations

Dept. of Transportation

Tel: (914) 813-6425

FAX: (914) 813-6027

Email: cda4@westchestergov.com

Also contact Mr.Latainer for any additional information.

Proposals must be submitted no later than 11:00 a.m. on May 3, 2013

Late Proposals Will Be Rejected.

The expected start date of the contract associated with this RFP is August 1, 2013.

ii


4.0 REQUIRED FORMS

Form IV-1(A, B, C): Price Offer Forms

Form IV-2: Affirmation

Form IV-3: Provider's Acknowledgment

Form IV-4: Certificate of Authority

Form IV-5: Affirmative Action Plan Requirement

Form IV-6: Criminal Disclosure (to be completed only by successful proposer in the

event of contract award)

Form IV-7: MacBride Certification

Form IV-8: Questionnaire Regarding Business Enterprises Owned and Controlled by

Persons of Color or Women

Form IV-9: Qualified Transportation Fringe Program

Form IV-10: Disclosure of Relationships to County

iii


Bee-Line ParaTransit Services

Innovative

For Hire Car Services

Request For Proposals (RFP)

TABLE OF CONTENTS

Section I - Administrative & General Information

1.0 Purpose of RFP & Background Information

2.0 Coordinating Departments

3.0 Evaluation Committee

4.0 Administrative and Technical Questions

5.0 Due Date for Proposals

6.0 Number of Copies

7.0 RFP Policies and Procedures/Legal Representations & Understandings

8.0 Public Disclosure of Proposal Contents

9.0 Intellectual Property Rights

10.0 MBE/WBE Participation

11.0 Drug and Alcohol Testing

12.0 Proposal Format

13.0 List of Sub Providers

14.0 Cost Proposal

15.0 Evaluation of Proposals and Award Criteria

16.0 Contract Term and Other Provisions

17.0 Performance Security

18.0 Liquidated Damages

19.0 Notice of Award

20.0 Negotiations with Selected Firm

Section II - Proposal Contractor Profile/Statement of Qualifications

1.0 Identification of Respondent and General Information

2.0 Experience and Background of Responding Organization

3.0 Personnel

4.0 Vehicle and Fleet Management Capabilities

5.0 Insurance

6.0 Statement of Financial Condition

7.0 Intentionally Omitted References

8.0 Additional Information

iv


Section III - Technical Proposal Requirements & Scope of Work

1.0 Profile of County

2.0 Service Areas

3.0 Days, Hours and Categories of Service Operation

4.0 Fares

5.0 Background Statistics & Information

6.0 Other Unique Service Features

7.0 Definitions

8.0 Summary of Westchester County Responsibilities

9.0 Summary of Provider Responsibilities

10.0 Performance Measures

Section IV - Cost Proposal/Forms

1.0 Prices Required & Related Information

2.0 Selection Investigation Criteria

3.0 Criteria for Disqualification

4.0 Required Forms, in addition to required information under Sections II and III

Form IV-1(A, B, C): Price Offer Forms

Form IV-2: Affirmation

Form IV-3: Provider's Acknowledgment

Form IV-4: Certificate of Authority

Form IV-5: Affirmative Action Plan Requirement

Form IV-6: Criminal Disclosure (to be completed only by successful proposer in the

event of contract award)

Form IV-7: MacBride Certification

Form IV-8: Questionnaire Regarding Business Enterprises Owned and Controlled by

Persons of Color or Women

Form IV-9: Qualified Transportation Fringe Program

Form IV-10: Disclosure of Relationships to County

v


APPENDICES

Appendix “A”

Appendix “B”

Appendix “C”

- Standard Insurance Provisions

- Sample Operating Agreement Form

- Vendor Direct Payment

CON/d/CXX/For hire car RFP final 4.01.13

vi


REQUEST FOR PROPOSALS (RFP)

Notice is hereby given that the Westchester County Department of Public Works and

Transportation is soliciting proposals to provide Innovative For Hire Car services for a portion

of riders of the County’s Bee-Line Paratransit system in compliance with the requirements of

the Americans with Disabilities Act of 1990, as amended, and Section 15-c of the New York

State Transportation Law.

The RFP document may be obtained by contacting Evan Latainer, Director, Westchester

County Office for the Disabled, 148 Martine Avenue, White Plains, New York 10601,

telephone (914) 995-2958 or online at http://rfp.westchestergov.com/rfp/rfps.jsp under, “CE-

Office for the Disabled” or at www.HudsonValleyBidNet.com under RFP-OFD13-100

The deadline for the receipt of proposals is 11:00 a.m., May 3, 2013, which proposals must

be delivered before the deadline to Evan Latainer, Director, Westchester County Office

for the Disabled, 148 Martine Avenue, White Plains, New York 10601.

All proposers are required to attend a mandatory proposers meeting on April 12, 2013 at

11:00 AM in Room 527 of the Michaelian Office Building, 148 Martine Ave., White Plains,

New York 10601. The deadline for all technical questions is April 17, 2013. Proposals

received after the deadline for receipt of proposals will be considered late and will be returned

unopened to the proposer.

The expected start date of the contract associated with this RFP is August 1, 2013.

All proposers will be required to comply with all applicable Equal Opportunity laws and

regulations.

Pursuant to Local Law No. 27-1997, it is the goal of the County to encourage and support

significant, meaningful participation by business enterprises owned and controlled by people

of color and/or women (MBE/WBE) in contracts and projects funded by the County.

The County of Westchester reserves the right to reject any and all proposals, in whole or in

part, to enter into multiple contracts, and to make an award(s) as deemed in the best interest

of the County. Further, the County reserves the right to waive any formalities or informalities

contained in the RFP.

Proposals may not be withdrawn for sixty (60) days after the RFP due date noted above.

County of Westchester

Dept. of Public Works and Transportation

Jay T. Pisco, Commissioner

Dated: April 1, 2013

vii


SECTION I

ADMINISTRATIVE & GENERAL INFORMATION

1.0 Purpose of RFP & Background Information

The Westchester County Department of Public Works and Transportation is

soliciting proposals to provide Innovative For Hire Car services for a portion of

riders of the County’s Bee-Line Paratransit system in compliance with the

requirements of the Americans with Disabilities Act of 1990, as amended, and

Section 15-c of the New York State Transportation Law.

The Americans with Disabilities Act mandates Westchester County to provide

Paratransit services for people whose disabilities prevent them from using fixed

route buses. The County meets this obligation through its Paratransit Program

which has been in existence since 1983. ParaTransit is a seven day a week,

demand-responsive, advance-reservation, curb-to-curb, door to door service for

eligible individuals traveling within Westchester County and to or from limited

areas of Bronx County, Putnam County and Connecticut. The County contracts

with a primary transportation company (the “Primary Para transit Contractor”) to

provide para transit services utilizing para transit buses, shuttles and transit

connect vehicles owned by the County. In an effort to improve the efficiency of

the Para transit program while also reducing the overall costs of the program, the

County is seeking proposals for innovative para transit services to be provided by

For Hire Car Services. The For Hire Car service would provide transportation

services to a certain portion of para transit riders that schedule up to seven (7)

days in advance, (with no same day service permitted) and this will reduce the

number of trips to be provided by the County’s Primary Para transit Contractor.

The work to be provided by the For Hire Car Service shall only be MONDAY

through FRIDAY, with the County providing a list of rides to the For Hire Car

Service one day in advance. Any contract resulting from this RFP will be nonexclusive

and there will be NO MINIMUM AMOUNT OF WORK GUARANTEE.

Prior to the commencement of any work under a contract resulting from

this RFP, the successful proposer must show proof of licensing by the

Westchester County Taxi and Limousine Commission (“WCTLC”).

Proposals may be submitted by entities that are not currently licensed by

the WCTLC, but any contract award will be contingent upon receipt of

WCTLC licensing.

Bee-Line ParaTransit, upon prior request, may approve providing additional

assistance between curbside and the building’s entrance, known as “Origin-to-

Destination Service” (See Section III, 7.0 Definitions), which additional service

would be provided by the For Hire Car Service.

1


The Westchester County Office for the Disabled (WCOFD) is responsible for

determining eligibility, registering customers, accepting trip reservations,

managing complaints, scheduling trips and monitoring the day-to-day operation

of the service.

The County uses a software system (Trapeze) that offers real-time, automated

scheduling and dispatching capabilities. The For Hire Car Service must have

EXCEL to retrieve the trip list from the County.

The successful proposer (hereinafter referred to also as the “Proposer”, “For Hire

Car Service, “Provider” or “Contractor”) will be responsible for hiring and training

drivers, dispatchers, road supervisors and office staff. The Provider will also be

responsible for dispatching and scheduling the portion of trips that County

provides on a daily basis and investigating complaints; maintaining certain

financial and operating statistics, and generally insuring that the highest quality

service is provided in accordance with the service-specification.

The Provider will be paid per “Trip”. (See Section III, 7.0 Definitions).

The Provider must supply and equip each vehicle used in service a

communications system such as a two-way radio, and/or cell phone with a hands

free device and have each vehicle equipped with an MDT (Mobile Data

Terminal), with capabilities of receiving scheduled trips, GPS,AVL, and reporting

functions. The provider must also have the appropriate structure considered as a

base.

Specifics on Provider requirements are found in Section III. These provisions will

be incorporated into the Provider’s contract, if any.

2


2.0 Coordinating Departments

Prior to Award of Contract

The Westchester County Dept of Public Work and Transportation (DPW/DOT) is

responsible for coordinating the issuance of the RFP:

Contacts:

Evan Latainer, Director

Westchester County Office for the Disabled

148 Martine Avenue

White Plains, New York 10601

Tel: (914) 995-2958

Email: ehl2@westchestergov.com

Chris D. Andritsopoulos

Westchester County Dept. of Public Works and Transportation

100 East First Street

Mount Vernon, New York 10550

Tel: (914) 813-6425

Email: cda4@westchestergov.com

After Award of Contract/Prior to Execution of Contract

The Dept. of Public Works and Transportation will be responsible for coordinating

with the Westchester County Attorney’s Office and the Provider regarding the

execution of the contract.

3.0 Evaluation Committee

The RFP Evaluation Committee shall be established exclusively for the purpose

of this project and will include representatives the following County agencies:

Office for the Disabled and the Department of Public Works, and Transportation

(WCDPW&T), Westchester County Taxi and Limousine Commission (WCTLC)

and County Budget Dept.

4.0 Administrative and Technical Questions

Questions regarding this RFP must be submitted in writing to the contact listed in

paragraph 2 above (Evan Latainer). Use of e-mail will be permitted to expedite

communications. All e-mail communications must be followed with a hard copy.

3


The Evaluation Committee will develop responses to questions in the form of an

Addendum to this RFP, if necessary.

5.0 Due Date for Proposals

Proposals must be submitted to the attention of the Director of the Office for the

Disabled listed in paragraph 3.0 above, by 11:00 a.m. on May 3, 2013.

In the interest of fairness to all participants, no extensions or exceptions will be

permitted unless issued as an Addendum to this RFP and applicable to all

Proposers. Notification of any change in deadline for submission of proposals

will be issued in writing by the County to all known prospective contractors.

6.0 Number of Copies

One (1) original printed copy plus one (1) CD of the Proposal are required.

7.0 RFP Policies and Procedures/Legal Representations & Understandings

By submission of a proposal in response to this request for proposals, proposing

entity agrees to and understands:

• that any proposal, attachments, additional information, etc. submitted

pursuant to this Request for Proposals constitute merely a suggestion to

negotiate with the County of Westchester and is not a bid under Section 103

of the New York State General Municipal Law;

• submission of a proposal, attachments, and additional information shall not

entitle the proposing entity to enter into a service agreement with the County

of Westchester for the required services;

• by submitting a proposal, the proposing entity agrees and understands that

the County of Westchester is not obligated to respond to the proposal, nor is it

legally bound in any manner whatsoever by submission of same;

• that any and all counter-proposals, negotiations or any communications

received by a proposing entity, its officers, employees or agents from the

County, its elected officials, officers, employees or agents, shall not be

binding against the County of Westchester, its elected officials, officers,

employees or agents unless and until a formal written agreement for the

services sought by this RFP is duly executed by both parties and approved by

the Westchester County Board of Acquisition & Contract, and the Office of the

Westchester County Attorney.

4


In addition to the foregoing, by submitting a proposal, the proposing entity also

understands and agrees that the County of Westchester reserves the right, and

may at its sole discretion exercise, the following rights and options with respect to

this Request for Proposals:

• To reject any or all proposals;

• To issue additional solicitations for proposals and/or amendments to this

RFP;

• To waive any irregularities in proposals received after notification to

proposers affected;

• To select any proposal as the basis for negotiations of a contract, and to

negotiate with one or more of the proposers for amendments or other

modifications to their proposals;

• To conduct investigations with respect to the qualifications of each proposer;

• To exercise its discretion and apply its judgment with respect to any aspect of

this RFP, the evaluation of proposals, and the negotiations and award of any

contract;

• To enter into an agreement for only portions (or not to enter into an

agreement for any) of the services contemplated by the proposals with one or

more of the proposers;

• To select the proposal that best satisfies the interests of the County and not

necessarily on the basis of price or any other single factor;

• While this is a Request For Proposals and not a bid, the County reserves the

right to apply the case law under General Municipal Law § 103 regarding

bidder responsibility in determining whether a proposer is a responsible

vendor for the purpose of this RFP process;

• The County assumes no responsibility or liability of any kind for costs incurred

in the preparation or submission of any proposal;

• The County is not responsible for any internal or external delivery delays

which may cause any proposal to arrive beyond the stated deadline. To be

considered, proposals MUST arrive at the place specified herein and be time

stamped prior to the deadline.

5


• Evaluation criteria are not necessarily listed in order of importance. The

County reserves the right to weigh its evaluation criteria in any manner it

deems appropriate.

• Anyone who intends to submit a Proposal must contact the WCOFD directly

and specifically request a copy of this RFP. WCOFD has responsibility for

maintaining a control list of all potential Proposers.

• The award, of any contract will be made as judged to be in the best interest of

the County. It is the County’s intent to select the Proposer(s) that provide the

best solutions for WCOFD’s needs.

• Reference is made to the Sample Operating Agreement (Appendix “B”)

enclosed, for the terms and conditions of the Agreement to be entered into,

including indemnification and insurance. The Sample Operating Agreement

is subject to revision arising out of the terms and conditions imposed by law

and/or deemed appropriate by the County Attorney’s office and/or final

contract negotiations. The Proposer’s responses to this RFP, as may be

subsequently modified in negotiations with the County, may be included as

exhibits in any contract that the County may execute with the Proposer.

• The decision to award a contract shall be based on the Proposer’s ability to

provide quality services and products and to comply with all applicable laws,

rules and regulations.

• Each Proposal will be examined to determine whether it is responsive to the

requirements of this RFP. All responsive proposals will be evaluated in

accordance with the criteria set forth herein. Proposals may be rejected if

they show any alteration of terms, conditions, or alternate proposals not

invited, in complete forms, or irregularities of any kind. Alternate Proposals

will be considered only at the discretion of the County. More than one

Proposal from an individual, firm, partnership, corporation, or association

under the same or different names for each license offered will not be

considered.

• Based on the evaluation criteria, please note that the County will not

necessarily choose the Contractor(s) with the lowest proposed fees to the

County. A competitive range consisting of those proposals which are

acceptable to the County, or which could be made acceptable following

written or oral presentations, will be determined. Following discussions and

clarifications, if necessary, it is anticipated that a final selection will be made.

6


• As part of the proposal review process, the County may opt to conduct on-site

inspection(s) of facilities proposed by prospective contractors for the

purposes of this contract. In such cases, the prospective contractor will permit

County personnel to visit the facilities, conduct inspection(s), and make

available to the County, during and for the purpose of the inspection,

responsible, knowledgeable personnel to answer questions regarding these

facilities and the prospective Contractor’s proposal as it relates to those

facilities.

8.0 Public Disclosure of Proposal Contents

The New York State Freedom of Information Law as set forth in Public Officers

Law, Article 6, Sections 84-90, mandates public access to government records.

However, proposals submitted in response to this RFP may contain technical,

financial background or other data, public disclosure of which could cause

substantial injury to the proposer's competitive position or constitute a trade

secret. Proposers who have a good faith belief that information submitted in their

proposals is protected from disclosure under the New York Freedom of

Information Law shall:

a) Insert the following notice in the front of its proposal

and

“NOTICE

The data on pages _____ of this proposal identified by an

asterisk (*) contains technical or financial information

constituting trade secrets or information the disclosure of

which would result in substantial injury to the proposer’s

competitive position.

The proposer requests that such information be used only

for the evaluation of the proposal, but understands that any

disclosure will be limited to the extent that the County

considers proper under the law. If the County enters into an

agreement with this proposer, the County shall have the

right to use or disclose such information as provided in the

agreement, unless otherwise obligated by law.”

b) clearly identify the pages of the proposals containing such information by

typing in bold face on the top of each page “ * THE PROPOSER BELIEVES

THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER

THE STATE FREEDOM OF INFORMATION LAW.”

7


The County assumes no liability for disclosure of information so identified,

provided that the County has made a good faith legal determination that the

information is not protected from disclosure under applicable law or where

disclosure is required to comply with an order or judgment of a court of

competent jurisdiction.

The contents of the proposal, which is accepted by the County, except portions

“Protected from Disclosure”, may become part of any agreement resulting from

this RFP.

9.0 Intellectual Property Rights – Intentionally Omitted

10.0 MBE/WBE Participation

Pursuant to Local Law No. #27-1997 of Westchester County, it is the policy of the

County to encourage the meaningful and significant participation in County

contracts for business enterprises owned by persons of color and women:

Minority Business-Enterprise (MBE) and Women Business Enterprise (WBE). In

furtherance of that policy, contractors will be required to complete a MBE/WBE

questionnaire.

11.0 Drug and Alcohol Testing

Prior to the commencement of any work to be provided under a contract resulting

from this RFP, the successful For Hire Car service shall be required to have in

place a Substance Abuse Program in accordance with the requirements

specified herein and shall comply with the Westchester County Taxi and

Limousine requirements for drug and alcohol testing.

12.0 Proposal Format

In order to be considered for selection, Proposers must submit a complete

response to this RFP.

In addition to other requirements specified herein, Proposals must include the

following:

a. Transmittal Letter signed by a corporate officer or an authorized agent. The

letter shall state the contact person who will be responsible for answering any

questions asked by the County Evaluation Committee. Include telephone number

and email for such contact person.

8


. Completion of all schedules attached hereto.

c. Proposer’s Profile Response to Questions set forth in Section II. This section will

be used in the County’s evaluation of the Contractor general qualifications.

d. Contractors’ Proposed Tech. Services - Response to items set forth in Section III.

This section will be used in the County’s evaluation of the Contractor’s proposed

technical services.

e. Price Proposal Forms

13.0 List of Sub-providers

The use of sub-providers will not be permitted under this contract.

14.0 Cost Proposal

Use the format (expand as appropriate) set forth in Section IV, entitled “Cost

Proposal/Forms” for specified requirements. The Cost Proposal should be

submitted in the same package as other items required by this RFP.

15.0 Evaluation of Proposals and Award Criteria

The final selection of the Provider or Providers to be recommended for award will

be made by the Evaluation Committee after careful review of the proposals and,

at its option, interview(s) with the most responsive firm(s). Evaluation criteria are

listed below.

Criteria

a. General Qualifications:

The proposed vendor must have a minimum of at least (3) three years

in demand responsive transportation services.

The successful proposer must comply with all Westchester County

Taxi and Limousine Commission (WCTLC) protocols and procedures

including, but limited to, properly licensed base station, cars and

drivers. Prior to the commencement of any work under a contract

resulting from this RFP, the successful proposer must show proof of

licensing by the WCTLC. The Rules and Regulations and

applications for drivers, base station and vehicles for the WCTLC

can be found at tlc.westchestergov.com.

Firm’s history, expertise, experience, reliability, financial viability,

references, and completeness of response to RFP, including but not

9


limited to copies of reports, certificates etc. See Section II, entitled

“Provider Profile,” for specific requirements.

b. Proposed Technical Services/Products:

Strategies, methodologies, service and management and staffing plan,

hiring, training and safety programs, including special training for

paratransit customers, fleet maintenance capabilities, maintenance and

history and adequacy of operations facility, See Section III entitled

“Technical Proposal Requirements & Scope of Work”.

c. Cost Proposal:

After evaluations of a. and b. above, Section IV, Cost Proposals will be

considered.

16.0 Contract Term and Other Provisions

a. Reference is made to the Sample Operating Agreement Form which is

included in Appendix “B” of this RFP, for the terms and conditions of the

Agreement to be entered into, including indemnification and insurance. The

sample agreement is subject to revisions arising out of the terms and

conditions imposed by law and/or deemed appropriate by the County.

b. Reimbursements for trips will be based upon the actual number of Trips

(Section III, 7.0 Definitions) of service operated, less any monies withheld

pursuant to the terms of the agreement.

c. It is anticipated that the Term of Agreement will commence on

approximately June 3, 2013 and run through December 31, 2014, with

the County’s option to extend the Agreement for one additional one year

period on the same terms and conditions.

d. The Provider’s responses to this RFP, as may be subsequently modified in

negotiations with the County, may be included as exhibits in any contracts

that the County may execute with the Provider.

17.0 Performance Security

The Operator shall furnish within ten (10) days of the award and at its own

expense, a performance and payment bond in a form (copy available upon

request) approved by the County Attorney’s Office (from a surety that appears

on the U.S. Treasury’s listing of approved sureties, Department Circular 570, and

is licensed to transact business in New York State) or certified check payable to

10


Westchester County in a sum equal to ten percent (10%) of the estimated annual

payment for the first year to ensure the faithful performance of the contract and

for the payment of all persons performing labor and furnishing materials in

connection with the contract. In the alternative, the County shall retain 10%

of the payments due the Operator up to a maximum of 10% of the estimated

annual payment due the Operator for the first year until the Operator has

satisfactorily completed its obligations under the contract. The estimated

annual payment for the first year of service shall be calculated based on the

Price Offer Form. An updated performance bond, payment retainage,

irrevocable letter of credit, or certified check shall be submitted annually 30 days

prior to the commencement of the contract term beyond one year and the option

year of the contract. If at any time the surety shall be or become unsatisfactory

to the County, then in that case the provider shall, upon ten (10) days notice

thereof in writing from the County, furnish a new and additional bond in place of

the original bond.

18.0 Liquidated Damages

The final contract between the County and the Provider will provide for liquidated

damages. The liquidated damages will be assessed for non-compliance with

service specifications. Please refer to the sample Operating Agreement for

detailed information on the liquidated damages.

19.0 Notice of Award

The successful Proposer will be notified of the award of contract in writing by the

County. All firms submitting a proposal in response to this RFP will be notified of

the County’s selection of the successful Proposer. The County reserves the right

to reject any and all proposals. No contract becomes valid until it has been

approved by the County Attorney and signed by the County Executive or his

designee.

20.0 Negotiations with Selected Firm

The County will negotiate with the selected firm to establish a contract. If

unsuccessful, the County may elect to proceed with the next most highly rated

firm until an agreement in the County’s best interest has been reached or all

efforts are exhausted.

11


SECTION II

CONTRACTOR PROFILE/STATEMENT OF QUALIFICATIONS

All respondents must use this packet in developing their qualification submission. The

enclosed outline is structured to assist in the evaluation process and has ample

opportunity at its conclusion for submission of additional information which may be

relevant but has not been specifically requested. If insufficient space is provided to

respond to a particular request, please attach exhibits as necessary.

1.0 Identification of Respondent and General Information:

Identification of Respondent

Name of Organization:

Business Address:

Telephone Number: ( )

1.1 Legal Status of Organization (check one):

For-profit corporation or joint venture corporation

Non-profit corporation

Public agency

Other (identify)

1.2 Name of Chief Executive Officer (or Administrator) of Organization:

1.3 Name of individual designated or authorized to bind the organization

contractually:

Name:

Title:

Telephone No. ( )

12


1.4 Are there any liens against the property owned by your organization or

existing legal suits (pending) which potentially impact the financial stability

of your organization.

YES

NO

If YES, please explain:

2.0 Experience and Background of Responding Organization

2.1 How many years has your organization been in the transportation business

2.2 Does your organization have a minimum of 3 years experience providing demand

responsive service involving a minimum of 10 vehicles in service simultaneously

and or 5 years experience providing public transit

2.3 Do you have authority from NYSDOT to operate as a carrier of passengers by

motor vehicle within Westchester, Putnam, and Rockland Counties, Bronx

County and/or New York City

Westchester

Putnam

Rockland

Bronx/New York City

YES

NO

If YES to any of the above, what is your case number

For those counties which you answered no, provide information about what steps

have been taken, or will be taken, to obtain this authority (include date that the

application was/will be filed):

13


2.4 Intentionally Omitted

2.5 List all contracts for service your organization has had over the previous 3 years

with a similar volume workload. (Attach additional sheet if necessary)

Agency/Organization

Address/City/State/Zip

Contact Person & Title

Telephone Number

Value of Contract

Term of Contract

Population

14


SERVICES TO PROVIDED BY YOUR ORGANIZATION FOR THIS

CONTRACT:

Number of Vehicles

______ Scheduling

______ Vehicles

______ Staff training

______ Staff supervision

______ Road Supervision

______ Complaint Investigation

______ Complaint Response

______ Vehicle Insurance

______ Property/worker compensation

______ Radios & radio communications

______ Other (Specify)

2.6 Please attach a copy of your proposed organizational chart for this contract.

Show titles, and number of person(s) holding each title, and a job description for

each title. Also attach one copy of your operating plan. The operating plan

should, at a minimum, identify who within the organization is responsible for each

one of the areas identified below, the resumes of the individuals proposed to be

in the positions and the number of people in each position.

• safety

• hiring

• training

• accidents (reporting, review, prevention)

• quality control (i.e. insuring each individual does their job properly and that

each trip provided is of the highest quality and is done in accordance with

the standards set by the County.

• billing

• complaint resolution (i.e. reviewing and responding, analyzing trends,

developing strategies for minimizing the reoccurrence of problems,

implementing strategies).

• computer equipment

• data management

• dispatching

Additionally the plan must include a staffing plan showing coverage on

weekdays, and holidays (holidays falling on weekdays only).

Identify who will serve as the project manager and attach his/her resume.

Name:

15


3.0 Personnel

3.1. What are the minimum hiring criteria for your drivers

3.2 Describe the screening process an applicant must go through prior to being hired

as a driver (e.g., pre-employment drug testing, review of driver's

abstract/maximum points on the license allowed, references, previous

employment verification, etc.):

3.3 How many drivers do you currently employ ________________

How many of these drivers have a Westchester County Taxi & Limousine

For-Hire Driver Permit________

How many of these are New York State DMV 19A certified _____________

Are your drivers represented by a union YES NO

If YES, indicate which union:

__

Other related comments__________________________________________

16


3.4.1 Describe the driver training program, and any refresher programs.

3.4.2 What kind of training is given to office staff to sensitize them to working with

individuals with disabilities

3.5 Does the company have an established Accident Review Board

YES

NO

If YES, please describe the composition of the board, the frequency with which it

meets and its procedures.

17


4.0 Vehicle and Fleet Management Capabilities

4.1 Does your organization have a vehicle maintenance facility

YES

NO

If YES, provide below the address of this facility at which you propose to operate

this service below:

Address:

4.2 Does your organization own or lease this facility

Own Lease Years remaining on lease ______

4.3 Are your vehicles routinely inspected by NYSDOT

YES

NO

4.4 If you presently own or lease radio or any other communications equipment that

could be made available for this service, describe that equipment:

1. Base Station

• Location of transmitter….

• Power……………………

• Frequencies………………

• Effective Range…………..

18


2. Mobile Units/Cell Phones/MDT’s

• Types/Number of Units………

• Effective Range………….

• Frequencies…………………

4.5 Please provide a detailed summary on how your firm will be scheduling trips for

the County paratransit services and what software systems will be utilized for this

function.

5.0 Insurance

The Contractor will supply the required insurance as indicated in Appendix “A”

Standard Insurance Provisions and must be in compliance with State DOT and of

The Westchester County TLC provisions.

6.0 Statement of Financial Condition

Each proposer must submit a statement of financial condition which

demonstrates that the organization is in sound financial condition or that

appropriate measures are being taken to address any identified financial

problems.

19


6.1 An audited financial statement for the most recently completed fiscal year of the

organization must be submitted. An organization shall be considered, for

qualification purposes, to be in sound financial condition if the auditor has

rendered an unqualified opinion and the organization's assets exceed its

liabilities. If the auditor has issued a qualified opinion or the organization's

liabilities exceed its assets (or both), a detailed statement identifying measures

being taken to address such deficiencies and/or deficits, including a projected

date for the achievement of sound financial condition, or an acceptable

explanation of such deficiencies and/or deficits must accompany the audit. The

statement must be signed by the organization's authorized signatory. If a

satisfactory statement of remedial measures is not submitted as required, the

proposal will be automatically rejected. If the submitted audit contains a

disclaimer of opinion, an adverse opinion, or a special report opinion, the

proposal may be rejected.

6.2 In the case of a for-profit organization that is a subsidiary whose financial

statements are consolidated into the parent company's financial statement,

submit the consolidated financial statements where required by section 6.1.

6.3 Provide information on any bankruptcy proceedings which the proposer or any of

its affiliates have been involved in within the last 10 years.

6.4 Provide information on any fines or liquidated damages which have been paid by

the Proposer or any of its affiliates within the last 3 years.

7.0 References

Please indicate at least three client references for similar projects.

1. _______________________________________________________

2. _______________________________________________________

3. _______________________________________________________

20


8.0 Additional Information

Provide or describe any additional information which you believe may be relevant

to the evaluation of your organization's qualifications.

21


SECTION III

TECHNICAL PROPOSAL REQUIREMENTS & SCOPE OF WORK

1.0 Profile of the County

Westchester County is located immediately north of New York City (the Bronx)

and encompasses approximately 450 square miles. Westchester County is,

served by the Bee-Line bus system and by three commuter rail lines along with

Amtrak. Several of the commuter rail stations are fully accessible to people with

disabilities. There is also a regional airport. According to the 2010 U. S. Census,

the population of the Westchester County is 949,113 of which approximately

5,000 people are registered for Bee-Line ParaTransit.

2.0 Service Areas

1) Westchester County will be divided into two zones for this RFP; North

and South.

The boundary between North County - Zone N and South County - Zone S

is the corridor of interstate 287, with the exception of straight trips

originating in the South Zone to the Westchester Medical Center located in

Valhalla, New York; these trips, although crossing from the South Zone to

the North Zone will be paid at the South Zone trip rate. Any other trips

crossing the boundary will require a transfer and the For Hire Car Service

will receive both the North Zone rate and the South Zone rate.

2.1 Coordination with Adjacent Transit Agencies

Westchester County is located between New York City on the south, the State of

Connecticut on the east, Putnam County to the north and the Hudson River and

Rockland County on the west. Bee-line ParaTransit has transfer agreements

with the Metropolitan Transportation Authority (MTA), Putnam County, and CT

Transit paratransit programs. The present transfer locations are listed below but

are subject to change. Note that there is no transfer agreement between

Westchester and Rockland Counties.

Transfer Locations

Coordinating Agency

MTA New York City Transit

Putnam County

Location

259th Street & Riverdale Ave., Bronx

Boston Road and Ropes Ave. Bronx

Jefferson Valley Mall, Yorktown Hghts.

22


Transportation (PART

Service)

CT Transit

Rockland County T.R.I.P.S.

Main St. & Westchester Ave.

Port Chester

White Plains Trans Center

3.0 Days, Hours and Categories of Service

For Hire Car Service will provide curb-to-curb/ door to door ParaTransit service to

assigned riders anywhere within Westchester County during the following “core

service” days/hours:

Monday through Friday 6:00 a.m. – 7:00 p.m.

At other times, “ADA ¾ mile mandated service” is provided. Therefore, the

provider will provide curb-to-curb service to assigned ParaTransit eligible

individuals within ¾ mile of all routes of the Bee-Line System fixed-route bus

service, but only during the service hours of each route. Note that service hours

on routes of the fixed-route system vary. Therefore, ADA mandated service

currently operates seven days-a-week, but the service area varies on those days

by time of day depending on the service hours of each bus route.

Proposers should be aware that currently one or more Bee-Line System fixedroutes

is/are operating during the following hours:

Monday through Friday

Saturdays

Sundays

5:00 a.m. – 1:40 a.m.

5:30 a.m. – 1:40 a.m.

5:50 a.m. – 12:35 a.m.

With all of the above details in force regarding “core service” and “ADA ¾ mile

mandated service”, Bee-Line ParaTransit may also approve provide “origin-todestination

service”, which is defined as additional assistance between curbside

and the building’s entrance. The Westchester County Bee-Line ParaTransit

Origin-to-Destination Policy is included in Section III, 7.0 (Definitions) of this RFP

document.

23


3.1 Holidays

ParaTransit does not operate on Christmas and Thanksgiving.

Holiday

New Years Day

Martin Luther King’s Birthday

Lincoln’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Election Day

Veteran’s Day

Schedule type

Sunday

Saturday

Weekday

Saturday

Sunday

Sunday

Sunday

Weekday

Weekday

Weekday

4.0 Fare portion paid by Rider

The Westchester County Commissioner of Public Works and Transportation

(WCDPW & T) sets the fares to be paid by the rider and the fares are subject to

change (however, the total amount payable per ride to the contractor will not

change). In the event of a fare change, the contractor will be notified in writing.

Passengers can pay either with cash or with a Westchester County Bee-Line

ParaTransit ticket. Tickets are purchased through WCDPW & T.

The current fare structure is detailed below.

Current Fare Categories paid by Rider

Category

Amount

Fares paid by Rider (cash or ticket) $4.00

Transfers between ParaTransit vans Free

Transfers between ParaTransit and transit Free

Transfers between Transit and ParaTransit Free

24


The For Hire Car Service will be required to collect the fare from the Rider.

It should be noted that fare paying passengers include both Eligible Riders and

Companions. See Section III, 7.0 (Definitions). However, for the per Trip rate

that the Provider will be paid by the County under the contract associated with

this RFP, the Provider will be paid for Eligible Riders only and not companions.

(Companions will be required to pay only the $4.00 payment directly to the

contractor)

5.0 System-Wide Statistics & Information

It should also be noted that the County is seeking to have the Innovative For Hire

Car Service provide up to 30% of the annual total of ambulatory paratransit rides

for 2013 and up to 40% in 2014. Please see the Price Offer Forms (IV-A, B and

C) for the estimated number of trips . PLEASE NOTE that there is no minimum

amount of work guaranteed under this contract.

6.0 Intentionally Omitted

7.0 Definitions: The following key definitions apply to this document:

ADA - the Americans with Disabilities Act, which requires Westchester County to

provide “complementary” ParaTransit to persons whose disability or disabilities

preclude their use of its fixed-route system.

ADA SERVICE AREA - This includes a corridor ¾ of a mile on either side of

every non-commuter WCDOT fixed route.

ADVANCE CANCELLATION (CA) - This is a phone-in cancellation that is

received from the rider prior to two hours of their scheduled trip.

ADVANCE RESERVATION TRIP - This is a non-subscription trip that is

requested between 1 and 7 days in advance of the trip date. All trips will be

accommodated on a space available basis only.

CANCELLED-AT-DOOR (CAD) - This is a cancellation where upon arrival at the

pick-up location between 0 and 30 minutes after the scheduled pick-up time, the

customer notifies the driver at the pick-up location that she/he will not be making

the trip. The driver must note a “Point-of-Site” (POS) on the driver log, i.e., note

a landmark as proof of arrival. CAD also includes instances where the phone-in

cancellation is not received two (2) hours prior to the scheduled pick-up time.

25


More than 3 CAD’s in a 30-day period can result in suspension based on reason.

NOTE: CAD’s by definition, are the “fault” of the customer. At the same time,

CAD’s are moot after 30 minutes-past the scheduled pick-up time, because at

that point, the fault no longer is attributable to the customer. The distinction

between a NSH (No Show) and a CAD is that in the case of a CAD a rider

provides notice that they do not require a trip. No notice is given on NSH’s.

CANCELLATION - This is a communication that is received from the rider that

the trip is no longer required or wanted.

CANCELLED VENDOR ERROR - This type of incident occurs when a trip was

cancelled by the passenger either the day before or at least two hours before the

pick-up was scheduled and the van shows up anyway.

COMPANION - A companion is a person who accompanies a customer on a trip

but is not required to provide assistance to that person; a companion pays a

$4.00 fare. A companion must board and leave the vehicle at the same location

as the customer.

COMPLEMENTARY PARATRANSIT - Accessible, demand-responsive,

advance-reservation (1 to 7 days in advance of the trip date), curb-to-curb

transportation service that is provided to eligible persons for eligible trips within

the similar service hours and same service areas as WC’s fixed-route system.

CONTRACTOR OR CARRIER - Any agency, association, partnership, company,

corporation, or combination thereof which contracts to provide some or all

ParaTransit service. Also referred to herein as PROVIDER

CURB-TO-CURB SERVICE - Driver assistance ends at the curb; this service is

not a door-to-door service, nor a door-through-door service.

CUSTOMER - A person who has been deemed eligible for ParaTransit service.

ELIGIBLE RIDER – An individual who has been authorized to use ParaTransit

service and issued a ParaTransit photo ID by the Westchester County Office for

the Disabled.

FARE PAYING PASSENGER TRIP – A ParaTransit TRIP taken by an ELIGIBLE

RIDER or a COMPANION.

LATE TRIP - A trip will be contractually defined as being late if (1) it is a served,

going trip and the passenger is dropped-off more than 15 minutes beyond the

scheduled drop-off time; (2) it is an unserved, going trip and the Provider arrives

at the pick-up point 15 or more minutes beyond the scheduled pick-up time; or

26


(3) it is a return trip and the Provider arrives at the pick-up point more than 15

minutes beyond the scheduled pickup time. (Note that in the latter two cases,

stop arrival and departure times will be recorded.)

NO-SHOW (NSH) - This is an instance where a driver arrives at a pick-up

location between 0 and 30 minutes after the scheduled pick-up time and the

customer does not appear within five (5) minutes. The driver must note a “Pointof-Site”

(POS) on the driver log, i.e., note a landmark as proof of arrival. Please

note, for the purpose of this RFP providers will be paid half the negated rate per

the contract for each “No Show”

NOTE: NSH’s by definition are the “fault” of the customer. At the same time,

NSHs are moot after 30 minutes past the scheduled pick-up time, because at

that point, the fault no longer is attributable to the customer. The distinction

between a NSH and a CAD is that in the case of a CAD a rider provides notice

that they do not require a trip. No notice is given on NSHs.

DPW/DOT- Westchester County Department of Public Works and Transportation

OFD - Westchester County Office for the Disabled.

ORIGIN-TO-DESTINATION SERVICE – This service is defined by the

Westchester County Bee-Line ParaTransit Origin-to-Destination Policy as

follows:

Upon prior request, ParaTransit may approve providing additional

assistance between curbside and the building’s entrance. To receive

such assistance, passengers can request it at the time they reserve their

trip or by asking assistance from the driver. ParaTransit reserves the right

to evaluate each request for safety before determining whether or not

additional assistance will be provided. Any anticipated barriers will be

evaluated for safety for all riders and the appropriate assistance will be

provided by the driver.

To receive origin-to-destination service, all of the following conditions must

be met:

• The first exterior door at the building’s entrance must be no more

than 100 feet from the bus.

• The driver must be able to maintain sight of the vehicle at all times.

• There must be a safe and accessible path of travel from the vehicle

to the building’s entrance.

• There must be a safe place to park on a public roadway or public

parking lot.

• The parked vehicle must not block or impede traffic.

27


If any of the above conditions are not met, the location is considered “nonserviceable

for origin-to-destination service”, and the driver will render

curb-to-curb service for that location.

Westchester County ParaTransit Drivers will provide the following

additional assistance:

• Drivers will ask the passenger, “How may I assist you”

• Drivers will accompany and assist the passenger along the entire

accessible path of travel between the bus and the building’s

exterior door.

Westchester County ParaTransit drivers will not:

• Enter or unlock the door to a passenger’s private residence at any

time

• Assist a passenger using a wheelchair up or down steps or curbs

• Handle a service animal

• Carry bags for the passenger

Westchester County ParaTransit drivers are not required to wait with

passengers at their destination.

Westchester County ParaTransit bus drivers are not Personal Care

Attendants (PCA) and are not permitted to provide assistance beyond

what is outlined in this policy. Passengers are responsible for making

their own arrangements for any additional assistance needed.

Passengers who have noted a Personal Care Attendant (PCA) on their

original ParaTransit application know that their PCA rides free with them to

provide that extra help.

ParaTransit- Public transit service for persons whose disability or disabilities

preclude the use of conventional fixed route transit. When spelled as

ParaTransit, it is the name of WC’s ParaTransit service. A fare is charged the

passenger for the service. ParaTransit is provided by Westchester County in

response to Section 504 of the Rehabilitation Act of 1973 and the Americans with

Disabilities Act of 1990, as amended.

PERSONAL CARE ATTENDANT (PCA) – A Personal Care Attendant or PCA is

an individual who is a necessary part of the eligible person’s mobility, thereby

enabling him/her to make the trip. Persons traveling with a PCA must register

that fact in advance, when applying for ParaTransit and when making a trip

reservation. WCOFD may require that certain individuals travel with ‘a ‘PCA. A

PCA does not pay a fare. A PCA must board and leave the vehicle at the

same location as the customer.

28


PROVIDER - Any agency, association, partnership, company, corporation, or

combination thereof which contracts to provide some or all ParaTransit service.

Also referred to herein as CONTRACTOR or CARRIER.

SAME-DAY TRIP - A trip which is requested by the customer on the same day of

the trip. Same-day trips will be accommodated on a space-available basis.

Same-Day trip requests are generally handled by the contractor.

SERVICE AREAS - The County is divided into two regions North and South.

SERVICE HOURS - Service hours is the time between when the vehicle leaves

the garage for its first pick-up of the service day to the time it returns to the

garage after completing its last drop off of the day. It excludes scheduled

interruptions in service such as lunch and scheduled driver breaks.

SERVICES - The contractual responsibilities of the Contractor.

SERVED TRIP - When a customer is picked up and taken to their destination it is

considered a served trip.

TRANSFER TRIP – A trip that will require going from one vehicle to another to

complete the destination scheduled. Transfer trips are required when going from

the South Zone and completing the destination in the North Zone and trips from

the North Zone to the South Zone.

STANDING ORDER OR SUBSCRIPTION TRIP - A trip which is taken by a

customer at least twice per week on a regularly recurring basis. The origin,

destination, pickup time, and drop-off time for each trip are the same. Customers

who receive subscription service must-confirm the continuation of their standing

order(s) each quarter. Those subscription trips which are not confirmed will be

deleted from the schedule. All trips will be accommodated on a space-available

basis.

TRIP – A single one-way ParaTransit ride from pick-up location to drop-off

location for one Eligible Rider.

UNSERVED TRIP - An unserved trip occurs when a customer does not take the

prescheduled travel between two locations. The trip could be unserved because

of a CAD, a no-show or because the vendor failed to provide it.

WCDPW/DOT - Westchester County Department of Public Works and

Transportation

WCTLC- Westchester County Taxi and Limousine Commission

29


WCOFD – Westchester County Office for the Disabled

8.0 Summary of Westchester County Responsibilities

Westchester County shall:

1. Procure a Provider for the service area and arrange with the Provider for the

delivery of Services.

2. Provide public information including distribution of ParaTransit applications.

3. Determine the eligibility of each applicant and notify each applicant of the

decision.

4. Advise each eligible individual: (a) how to make trip requests; (b) the level of

service to expect; (c) rider procedures, rules and regulations; and (d) how to

communicate cancellations, complaints, etc.

5. Register each eligible applicant on the ParaTransit computer system and

maintain a customer file.

6. For Monday through Friday, the County will provide to the For Hire Car Service a

list of booked trips one day in advance that are to be scheduled by the For Hire

Car service for next day service.

7. Reserves the option to assume the dispatching function at any time during the

course of the contract.

8. Receive and process advance cancellations and notify the Provider of advance

cancellations.

9. Cause the Provider to comply with the standards and requirements regarding

vehicles that are used to provide services. This will include inspecting and

maintaining vehicles under the provisions of the Westchester County Taxi and

Limousine Commission. Note that WCDPW/DOT will have the right to reject or

have a Provider withdraw from service any vehicle that WCDPW/DOT deems

unsuitable.

10. WC DPW/DOT and WCOFD will review the credentials of any driver or other

employee involved in providing services and shall have the right to reject any

driver deemed unsuitable. WC DPW/DOT also reserves the right to require a

driver to attend an additional training session if, in the judgment of WC

DPW/DOT staff, the additional training is needed. WC DPW/DOT reserves the

right to require a driver to be removed from service.

30


11. Cause the Provider to deliver service according to the service standards as

specified herein.

12. Establish appropriate procedures for verifying and ensuring that any particular

passenger trip has been performed in a timely and otherwise satisfactory

manner. This includes receiving passenger complaints and working with the

provider in satisfactorily resolving them.

13. Be solely responsible for promptly and fully making payments to the provider for

providing services in accordance with the terms of the contract based upon the

“per trip rate” structure subject to submission of supporting trip documentation

and resolution of discrepancies.

14. Establish the fare for service; determine what methods of payments are

acceptable, and provide a minimum of 30 days notice to the provider of fare

changes.

15. Allow and urge the Provider to exercise flexibility to adjust the trip schedules

provided to them the evening before the day of service in order to increase

productivity, while maintaining a high level of service quality.

9.0 Summary of Provider Responsibilities

9.1 The Provider shall:

General

1. Receive all trip bookings (Monday through Friday) and schedule trips provided by

WCOFD the evening before or the day of service in order to increase

productivity, while maintaining a high level of service quality.

2. Dispatch all trips for next day service to achieve the highest amount of

productivity and efficiency according to the terms of this contract.

3. With maximum efficiency, serve the trips that have been assigned to it by

WCOFD, and perform all administrative services that support the operation,

including hiring, supervising, and disciplining drivers and support staff,

dispatching, service delivery - including collecting and recording fares, vehicle

maintenance, documenting actual trip data, record keeping, reporting and

invoicing.

31


4. Comply with all Federal, State and County regulations governing the provision of

public transit services, including but not limited to operating authority, licensing,

vehicle maintenance and inspection, drug testing, accounting, record keeping,

etc.

5. Comply with the standards and requirements of WC/TLC regarding vehicles that

are used to provide services. This includes inspecting and maintaining vehicles,

providing driver training programs and monitoring for substance abuse.

Note that WC DPW/DOT and WCTLC will have the right to reject or have a Provider

withdraw from service any vehicle that WC DPW/DOT deems unsuitable.

9.2 Provider Owned Vehicle Requirements

1. Each vehicle must meet the standards of all County requirements.

2. Each vehicle must be properly licensed according to County and State

requirements

3. Each vehicle must be no older than 10 years old.

4. Provide a sufficient amount of vehicles and drivers as a spare ratio

9.3 Vehicle Maintenance

Be solely responsible for maintenance of all vehicles including preventive

maintenance to keep vehicles in regular and safe operating condition.

9.4 Vehicle Cleaning

All vehicles shall be cleaned daily and have exteriors which are free of grime,

cracks, breaks, dents, and damaged paint that noticeably detract from the overall

appearance of the vehicle. In addition, passenger compartments must be clean

and free from torn upholstery or floor coverings, damaged or broken seats and

protruding sharp edges.

9.5 Inspections

The County reserves the right to inspect any vehicle performing services within

this contract to assure that the standards have been met to comply within this

contract.

32


9.6 Vehicle Licensing and Insurance

1. The Operator shall have the appropriate Business Automobile Insurance

Policy (property, liability, automobile liability and comprehensive) in place in

accordance with this contract.

2. The County requires that all Base stations and vehicles be licensed through

the Westchester County Taxi and Limousine Commission.

3. The provider is responsible for properly registering and insuring its own

vehicles and in accordance with WCTLC rules and regulations.

4. Supply Westchester County with certificates of such insurance at execution of

the contract, and with binders of such insurance prior to the start of service.

In addition, the Westchester County shall be given a minimum of thirty (30)

days notice in the event of change or cancellation.

5. All insurance policies (except Workers Compensation) shall name the County

as Additional Insured.

9.7 Drivers, Driver Training and Driver Duties

1. To assure a high level of ParaTransit service, a sufficient number of qualified,

responsible, courteous, and properly licensed drivers appropriate for the type

of vehicle being driven.

Each Provider shall provide Westchester County with the following

information about each driver prior to the driver providing services under this

contract: name, age, license number, and a statement showing him/her to be

of good moral character, and verification that the driver has not had his/her

license revoked. The following information must be submitted to Westchester

County for review prior to the driver being placed in service:

• copy of recent driving abstract

• copy of license

• Copy of WCTLC License

Westchester County has the right to review the qualifications of proposed

drivers and reject drivers who do not meet County standards. These include

the requirement of a minimum of one year driving experience.

In accordance with federal regulations (49 CFR 37.173) regarding paratransit

service, the provider shall ensure that personnel are trained to proficiency, as

appropriate to their duties, so that they operate vehicles and equipment safely

33


and properly assist and treat individuals with disabilities who use the service

in a respectful and courteous way, with appropriate attention to the difference

among individuals with disabilities.

The provider shall assure that all drivers involved in providing ParaTransit

services receive adequate training to perform their duties as specified herein.

Training will include, but will not be limited to the National Highway Safety

Institute Defensive Driving Course or comparable (minimum of 6 hours.)

Additional training will include, but will not be limited to:

• Preventing accidents

• Responding to brake failure;

• Responding to skids and hydro-planning;

• Responding to inclement weather; and

Passenger assistance techniques

• Assisting ambulatory passengers and blind passengers in boarding

vehicles.

• Procedures for evacuating the vehicle in an emergency.

• Locating safe places to park to load and unload passengers; and

• Seatbelt Securement

Sensitivity Training:

This training will include, but will not be limited to:

• Discussion of the major types of functional deficits -- loss of muscle

control, loss of speech, loss of balance, loss of limbs, breathing

disabilities, pain, loss of skin sensation, loss of vision, loss of hearing, loss

of hearing and vision, loss of mental functions, loss of mobility and how

these functional deficits affect an individual’s ability to travel. This training

will also include assisting passengers who are experiencing seizures and

other medical emergencies.

• Discussion of the basic characteristics of personal assistance devices --

crutches, canes, walkers, wheelchairs, braces, prostheses and-service

animals.

• General guidelines as to when and how to offer assistance.

• General guidelines for handling inter-personal problems that arise on the

vehicles.

Policies and Procedures of the Curb-to-Curb Service:

This training will include the following:

34


• How to prepare the driver’s log.

• How long the driver shall wait for a rider and what to do in the event of a

CAD or a no show.

• What the fare is and when it is to be collected.

• The amounts and types of assistance the driver is required to provide to

riders.

• Emergency reporting procedures.

• The provider will maintain documentation for all training given including

dates and attendees.

• The Provider will take out and maintain Worker’s Compensation,

Disability, and Unemployment or equivalent insurance on all drivers

providing Services, in accordance with the laws of the State of New York

as necessary.

2. Assure that all drivers arrive will arrive on time for all scheduled trips. Drivers

shall contact the dispatcher if there is an occurrence which will cause the

vehicle to arrive/depart outside these time parameters.

3. Assure that drivers, in providing services, are careful, temperate, keep

vehicular speed within posted speed limits and at a speed that is appropriate

to road and weather conditions present at all times, operate their vehicles with

the highest degree of safety for the passengers, and otherwise obey all laws

directed toward the safe operation of motor vehicles.

4. Assure that drivers are courteous at all times, exemplary in speech and action

and provide passengers with all necessary assistance in entering and exiting

the vehicle. Prior to operating the vehicle after a pick-up, drivers should offer

to assist passengers in securing their seat belts. Drivers may not operate the

vehicle until the seat belts of all passengers are properly secured.

5. Assure that drivers, in providing services, never discipline a passenger under

any circumstances. Whenever passenger misbehavior occurs that, in the

judgment of the driver, warrants further action, the driver shall submit a

written report to the Provider, who, in turn, shall submit the report to WC

within twenty-four hours of the incident. In addition to the report, matters

requiring more immediate attention shall be called into the dispatcher, who

will immediately notify WC following the process detailed herein.

6. Assure that drivers, in providing services, do not carry unauthorized

passengers, pets or cargo, distribute food, beverages or other substances to

passengers or allow any other person to occupy the driver’s seat.

7. Assure that drivers, in providing services, do not eat, drink, or smoke in the

vehicle, and request riders to refrain from eating, drinking or smoking in the

vehicle.

35


8. Assure that drivers comply with all NYS Vehicle and Traffic laws, including

Article 33 (unattended motor vehicles). If at any time the driver must leave

the vehicle, the driver shall -- before leaving the vehicle -- turn off the engine

and remove the ignition key.

9. Assure that drivers, never push another vehicle with their vehicle or allow

their vehicle to be pushed by another vehicle.

10. Assure that drivers, check to ensure that all doors of the vehicle are kept

closed and locked while the vehicle is in motion.

11. Assure that all drivers never fuel a vehicle while there are passengers on

board the vehicle.

12. Assure that drivers, in providing services, never board or discharge a

passenger into a traffic lane of a street and never board or discharge

passengers between double parked cars.

13. Assure that drivers, in the event-of a NSH, notify the County by listing such

NSH on its daily log as part of the report summary.

14. Assure that drivers, in the event of an accident involving a vehicle that is used

to provide services, or an incident involving a passenger, immediately notify

the dispatcher. The Provider, in turn, will notify WC in accordance with the

provisions herein and submit a typed report to OFD within twenty-four (24)

hours of the accident.

15. Provide each driver with a copy of the route schedule daily. Provide the

driver with instructions to review schedule. This schedule must be in the

driver’s possession at all times during his/her provision of services and must

be in evidence during inspections. Every effort must be made to assure the

confidentiality of customer information.

16. Require drivers to collect the correct fare from passenger when the

passenger boards the vehicle. A fare shall be paid each time a passenger

(and companion) boards a vehicle. Drivers shall not collect the fare for the

return trip as the passenger (and companion) boards the vehicle for the going

trip, even if that driver is scheduled to serve that passenger’s return trip later

that day. Unless instructed to the contrary by WC, a driver shall not refuse to

transport any passenger and/or companion who refuses to pay the correct

fare. However, each provider should immediately notify WC when there is a

fare collection problem.

36


17. Instruct its drivers not to solicit or accept tips from the passengers.

18. Require its drivers to document on the driver sheet -- or through-another

approved method -- the actual arrival time and departure time at each stop.

19. Require all drivers to dress professionally and carry an identification badge.

The identification badge shall have on it: the driver’s picture, name, and name

of the Provider. The WCOFD reserves the right to require inappropriately

attired drivers to be immediately removed from providing Services.

9.8 Dispatchers and Dispatching Duties

1. Employ a sufficient number of qualified, responsible, courteous, and properly

trained dispatchers necessary to properly operate a high level of ParaTransit

service. Dispatchers should fulfill dispatching duties one hour before service

hours, during service hours and 1/2 hour after the last vehicle has returned to

base at the end of service hours.

2. Assure that dispatchers attend the sensitivity training course, policy and

procedures training course, and computer training course prior to providing

services.

3. Assure that the dispatcher’s responsibilities are dedicated exclusively to the

Westchester County ParaTransit program during his/her shift.

4. Assure that dispatchers review driver schedules prior to start of scheduled

service.

5. Assure that dispatchers monitor driver schedules during service hours.

6. Assure that dispatchers are able to contact all vehicles via a communication

system.

7. Assure that dispatchers are familiar with the computerized scheduling and

dispatching system.

8. Assure that dispatchers receive and enter immediately into the computer system

advance (prior to trip date) cancellations from the WC, and same day

cancellations from the customer (on the trip date).

9. Assure that dispatchers immediately enter NSH and CAD information into

computer system when driver transmits same via radio system.

10. Assure that there are a sufficient number of dispatchers assigned to this

contract to operate a high level of ParaTransit service.

37


11. Assure that dispatchers follow accident and incident reporting procedures as

outlined in this document.

12. Assure that dispatchers enter actual shift/trip/and stop data.

13. Assure that dispatchers notify passengers, at the direction of WC, of changes in

his/her schedules.

14. Assure that dispatch staff is available for training a minimum of two weeks prior

to the start of the contract or beginning an assignment as a Westchester

County ParaTransit dispatcher.

9.9 Contract Manager and Other Required Staff

1. Designate a Contract Manager responsible for supervising all actions taken

by the Provider pertinent to providing Services and who shall be the focal

point for communication with WCOFD. At a minimum, he/she will be

available during regular business hours and or/on call for operations of

ParaTransit.

2. Assure that the Contract Manager responsibilities are dedicated exclusively to

the ParaTransit program during his/her shift.

3. Require the Contract Manager (or the manager’s designee) to report to

WCOFD all accidents, service disruptions, and complaints.

4. Require the Contract Manager to attend all meetings of the Transportation

Subcommittee of the Westchester Council for the Disabled. The manager will

also attend other meetings as requested by the WC including, but not limited

to, service meetings and public hearings, inclusive of monthly TAC meetings.

5. Assure that the Contract Manager is available one month in advance of the

start of the contract or beginning an assignment as the Contract Manager so

that individual can receive training.

6. Provide dispatchers and ensure that a dispatcher begins duty at least one

hour prior to the beginning of the service day and remains on duty until the

last vehicle returns to the garage at the end of the service day.

7. Provide a safety director to oversee the training of staff, especially drivers;

oversee drug testing; oversee an accident review board; oversee driver

compliance with all Federal and State driver regulations and respond as

appropriate to accidents and investigate service issues.

38


8. Provide a staff person to accept same day trip cancellations and provide

other operational information to the County and customers. This person shall

be available at least one hour before the start of each service day.

9. Assure that there are a sufficient number of road supervisors active and on

call at all times during ParaTransit operations to properly monitor

operations.

9.10 Reporting of Accidents

The following events are considered reportable accidents regardless of severity:

• Personal injury, regardless of severity.

• A motor vehicle collision when two or more vehicles are involved.

• A motor vehicle accident when there is any destruction of public property.

• A motor vehicle accident involving a pedestrian.

Report these situations or emergencies according to the following procedures:

• Before, during or after regular business hours, the vendor must

immediately contact the ParaTransit Supervisor via cell phone to report

any and all accidents. The contact phone number is 914-879-8526

• Prepare and submit to the WCOFD within 24 hours of the accident a

written report which describes the events surrounding the accident, lists

the names of the passengers onboard the vehicle, identify which - if any -

has been injured, estimates the cost of repair of physical damage, and

includes photographs that show the damage to the vehicle.

• The police report shall also be sent to OFD as soon as it is received.

9.11 Reporting Incidents/Service Disruptions

The following events are considered incidents and must be reported in writing to

the OFD within 24 hours of their occurrence:

• Any incident on board that results in physical contact, whether between two

passengers or between a passenger and the driver must be reported.

• Any incident where a passenger falls, whether or not injury .is reported or

denied by passenger.

39


• Any incident where a driver witnesses a passenger fall even if the

passenger is a distance from the vehicle.

• Service disruptions such as breakdowns, accidents, traffic, etc., that might

result in pick-ups and/or drop offs being made more than 30 minutes past

the scheduled time.

• A driver is unable to locate a passenger who is scheduled to be picked up

during the last hour of service.

• The vendor wants to curtail service because of weather conditions or other

situations or emergencies which arise from time to time.

Report these situations or emergencies according to the following procedures:

• During or after regular business hours, the vendor must contact the

ParaTransit Administrator to report incidents. The contact phone number is:

(W) 914-995-2958

(C) 914-879-8526

• Enter an incident report which describes the events surrounding the

incident, lists the passengers on the vehicle, and a description of what

happened in the computer system within one hour of the incident.

9.12 Billing, Payment, Back-up Documentation and Reporting Requirements

1. Claims for payment should be submitted to the WC DPW/DOT on a monthly

basis and within 7 days after the conclusion of each month for ParaTransit

services provided. Claims will be processed within 30 days of submission of

complete and accurate claims.

2. Under the contract associated with this RFP, Providers will be paid for each

“Trip” except that the County will pay half of the per Trip rate established under

this contract for “No-Show” (NSH) or “Cancelled-at-Door” (CAD) trips. For

definitions of Trip, No-Show and Cancelled-at-Door trips, see Section III, 7.0

(Definitions).

3. All cash fares collected by the Provider will be retained by the Provider; for

tickets collected from customers, the Provider shall forward the tickets to the

County and the County will pay the Provider for those tickets.

4. A complete monthly claim for payment will consist of the following items:

40


• A “Monthly Statistical and Reimbursement Report”

• A Period Recap Report (PRR) for each day of the month

detailing the following:

- Number of trips (provided, No-Shows, CADs)

- Number of companions

- Number of attendants

- Amount of cash collected

- Number of tickets collected

- Number of transfers from fixed-route bus

- Number of ParaTransit transfers (at White Plains

TransCenter/at Tarrytown RR Station)

• A “Monthly ParaTransit Section 15 NTD (National Transportation Data)

Employee Report”

• All ParaTransit tickets collected during the month should also be

submitted with the claim.

Claim procedures are subject to modification. Westchester County will make

other adjustments to the claim for such items when reviewed.

5. The Provider is required to sign-up for participation in the County’s electronic

transfer of funds payment program.

6. Drivers logs will be preprinted with the following information to be completed by

the driver:

o

o

o

o

o

o

Arrival time of each pick up

Time of drop off for each trip

Starting mileage and ending mileage

Type of fare collected from each passenger and companion

Trip status information (i.e. provided, NSH, CAD)

Vehicle number

7. All monthly completed drivers logs must be kept by the Provider in a safe and

stored area, but are available for back up and inspection by WC DPW/DOT.

These driver sheets will be kept by the Provider for a period not to exceed a

period of three (3) years, and thereafter will be delivered to the County and the

County will retain records for storage.

8. Upon request, provide detailed operating and financial information that may be

required for State, Federal and County reporting.

41


9.13 Right of Entrance upon the Provider’s Property/Vehicle Inspections

The contractor shall permit and allow any and all duly authorized WC employees

or representatives to enter upon any part of a Provider’s facilities, or vehicles for

the purpose of inspecting facilities and equipment, inspecting and/or auditing

books and records, and for other matters relevant to the project upon sufficient

notice by WC of its intent to make such entry. NO notice shall be required for

vehicle on-road inspections to be conducted by WC. Each Provider shall instruct

its drivers to allow WC personnel to have right of entry on vehicles upon display

of proper identification.

9.14 Substance Abuse Program

The contractor shall:

• Adopt and distribute to “affected” employees an approved substance

abuse policy that is compliant with US DOT’s Omnibus Transportation

Employees Testing Act. Substance abuse includes abuse of drugs and

alcohol. For the purposes of this Agreement, “affected” employees are

defined as employees who are in safety-sensitive positions, including, but

not limited to, drivers, maintenance personnel, schedulers, dispatchers,

and their supervisors.

• Maintain a current list of all affected employees. The Provider must submit

this list to WCOFD.

• Notify WCOFD of all persons seeking to be hired or transferred into safety

sensitive positions. Such individuals may not assume their duties until a

pre-employment drug test has been verified negative.

• Cooperate with WCOFD in making its affected employees available for

pre-employment, random, reasonable suspicion, post-accident, and

return-to-duty/follow-up drug testing, and must agree not to allow

individuals failing such tests to perform in safety-sensitive positions except

as permitted by law.

• Random drug testing is to be carried out at a rate that tests the equivalent

of half the covered workforce each year.

• Require affected employees to sign a release allowing positive test results

to be made available to WCOFD.

• Submit certification of compliance with Federal drug testing regulations as

requested by the WCOFD. The form of the certification shall comply with

the Federal regulations.

42


9.15 Fair Employment Practices

• The provider shall not discriminate against any employee or applicant for

employment because of race; creed, color, sex, disability, religion,

Vietnam-era veteran status or national origin. The Provider will take

affirmative action to assure that applicants employed are treated equally

regardless of race, creed, color, sex, disability, Vietnam-era veteran status

or national origin. Such action shall include, but not be limited to the

following: employment, upgrading, demotion, or transfer; recruitment or

recruitment advertising; layoff or termination; rates of pay or other forms of

compensation; and selection for training, including apprenticeship. The

Provider agrees to post in conspicuous places, available to employees

and applicants for employment, notices to be provided setting forth the

provisions of this non-discrimination clause.

• In all solicitations or advertisements for employees placed by or on behalf

the Provider, state that all qualified applicants will receive consideration

for employment without regard to race, religion, color, sex, disability,

Vietnam-era veteran status or national origin.

• Send to each labor union or representative of workers with which he has a

collective bargaining agreement or other contract or understanding

pursuant to this contract, a notice to be provided advising the said labor

union or workers’ representatives of the Provider’s commitments under

this section, and shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

• Comply with all provisions of Executive Order 11246 of September 23,

1965, and/or rules, regulations, and relevant orders of the United States

Secretary of Labor as amended.

• Permit access to books, records, and accounts by the administering

agency and the Secretary of Labor for purposes of investigation to

ascertain compliance with such rules, regulations, and orders pertaining to

fair employment practices.

• Keep on file written personnel procedures, which shall include provisions

for familiarizing employees with statutes, rules, and regulations concerning

confidentiality, affirmative action, and nondiscrimination in service delivery

and employment as set forth herein.

43


9.16 Minority Business Participation

The contractor shall be required to complete the disadvantaged or women-owned

business enterprises are those described in Form (MBE/WBE questionnaire.).

10.0 Performance Measures

WCOFD will monitor the quality of service by the contractor. The service

performance measures will include:

Valid Complaint Frequency (VCFR) - Comments received from the public or

riders defined as complaints when they concern issues other than those relating

to on-time performance. These would include comments relating to driver

rudeness, jack-rabbit starts, vehicle safety issues, vehicle cleanliness, wheelchair

handling and securement, etc. in the event that there is a dispute between the

Provider and WCOFD as to what is a valid complaint, the good faith

determination of the Director is final.

Percent Late Trips (PLT) - A trip will be contractually defined as being late if (a)

it is a going trip and the passenger is dropped-off more than 15 minutes beyond

the scheduled drop-off time: (b) it is a return trip, and the Provider arrives at the

pick-up point more than 15 minutes beyond the scheduled pick-up time. (Note

that in these cases, stop arrival and departure times will be recorded.)

In addition, the extent to which a Provider is late for any particular trip (see table

below) will govern whether a Provider will be paid for the trip and how much they

will be paid (or paid at a reduced rate due to the assessment of liquidated

damages). Lateness caused by weather conditions or other Acts of God will not

be counted nor will the vendor be fined in this circumstance.

Minutes Late

Liquidated Damages

30 - 45 min $ 100.00

46 – 60 min. $ 150.00

over 60 min. $ 200.00

Average Lateness (AL) of Late Trips - This is the degree to which late trips

were late. Note a trip is not late until 16 minutes after the scheduled drop-off/pickup

as stipulated above. They do not include trips that are late for reasons

beyond the control of the provider such as severely inclement weather and road

congestion induced delays.

44


Percent Missed Trips (PMT) - These are the trips that are not served due to the

fault of the Provider. They do not include missed trips that are beyond the

control of the Provider, such as severely inclement weather.

Accident Frequency Rate (AFR) - Where accidents are defined as preventable

accidents. A Provider’s AFR will be measured in number of accidents per million

vehicle miles (A/MVM). In the event of a dispute between the Provider and

WCDOT as to which incidents are preventable accidents, the good faith

determination of the Commissioner is final.

Thresholds for acceptable service performances are identified below. When a

provider exceeds these thresholds, it is performing poorly.

Service Performance Measures

Thresholds

Valid Complaint Frequency Rate 3 Complaint/1000 Trips

(VCRR)

Percent Late Trips (PLT) 10%

Average Lateness (AL)

20 minutes

Percent Missed Trips (PMT) 1

Accident Frequency Rate (AFR) 20 A/MVM

The purpose of the service performance measures is to insure that high quality

ParaTransit services are provided to paratransit customers. Therefore the

County reserves the right to change the performance standards by up to 30%

during each contract period. If and when performance standards are enhanced,

the Provider would be given sixty days notice prior to a change.

45


SECTION IV

COST PROPOSAL/FORMS

1.0 Prices Required & Related Information

Proposers shall submit a price per Trip (“Trip” defined below).

TRIP – A single one-way ParaTransit ride from pick-up

location to drop-off location for one Eligible Rider.

The Provider will be paid for each “Trip” except that the County will pay half of

the per Trip rate established under the contract associated with this RFP for “No-

Show” or “Cancelled-at-Door” trips. See Section III, 7.0 (Definitions). For all

No-Show and Cancelled-at-Door trips, the driver must note a “Point of Site”

(POS) on the Driver Log, i.e., note a landmark as proof of arrival.

The prices offered will be entered on the Price Offer Forms attached hereto.

2.0 Selection Investigation Criteria

The County may make such investigation as it deems necessary to determine

the ability of the proposer to perform the work, and the proposer shall furnish all

information and data for this purpose as may be requested. WC reserves the

right to reject any proposal if the evidence submitted by, or the investigation of

such proposer fails to satisfy WC that he is properly qualified to carry out the

obligations of the contract and to complete the contemplated work.

3.0 Criteria for Disqualification

• Failure to properly complete all forms.

• Failure to have a minimum of 3 years experience providing demand

responsive service (i.e. service which is scheduled less than 24 hours in

advance including a minimum of ten vehicles in service on a weekday) or a

minimum of 3years providing public transit service.

• Failure to submit a drug and alcohol testing plan or which submit one that

does not comply with the Omnibus Transportation Employee Testing Act of

1991 and specifically 49 CFR part 653, 49 CFR part 654 and 49 CFR part 40

(as amended).

46


FORM IV-1A

PRICE OFFER FORM

NORTH ZONE

Please provide pricing for Innnovative For Hire Car Service rides originating within and

ending within the North Zone, Each eligible Bee-Line ParaTransit passenger will be required

to pay $4.00 per ride and the County will contribute the balance of the fare.

Please provide a per ride price below designating the County’s portion of the fare for NORTH

ZONE Rides:

Estimated

# of Trips

Total

1. For CONTRACT TERM

(estimated to start August 1, 2013 –

December 31, 2014)

Eligible Bee-Line ParaTransit passenger $4.00

portion of fare per ride

County’s portion of fare per ride $_________ x 28,474 = _________

2. For OPTION YEAR of Contract

(Year 2015)

Eligible Bee-Line ParaTransit passenger $4.00

portion of fare per ride

County’s portion of fare per ride $_________ x 22,501 = _________

Total County share of fares for North Zone

__________

47


FORM IV-1B

PRICE OFFER FORM

SOUTH ZONE

Please provide pricing for Innovative For Hire Car Service rides originating within and

ending within the South Zone, Each eligible Bee-Line ParaTransit passenger will be required to

pay $4.00 per ride and the County will contribute the balance of the fare.

Please provide a per ride price below designating the County’s portion of the fare for SOUTH

ZONE Rides:

Estimated Total

# of Trips

1. For CONTRACT TERM

(estimated to start August 1, 2013 –

December 31, 2014)

Eligible Bee-Line ParaTransit passenger $4.00

portion of fare per ride

County’s portion of fare per ride $_________ x 66,074 = __________

2. For OPTION YEAR of Contract

(Year 2015)

Eligible Bee-Line ParaTransit passenger $4.00

portion of fare per ride

County’s portion of fare per ride $_________ x 52,214 = _________

Total County share of fares for

South Zone

_________

48


FORM IV-1C

PRICE OFFER FORM

Total County share for North Zone (from Form IV-1A)

Total County share for South Zone (from Form IV-1B)

Grand Total

___________

___________

________________

NOTES:

1. Westchester County will be divided into two zones for this RFP; North and South. The

boundary between North County - Zone N and South County - Zone S is the corridor of

Interstate 287, with the exception of straight trips originating in the South Zone to the

Westchester Medical Center located in Valhalla, New York.-these trips, although

crossing from the South Zone to the North Zone will be paid at the South Zone trip rate;

any other trips crossing the boundary will require a transfer and the For Hire Car Service

will receive both the North Zone rate and the South Zone rate.

2. The County shall pay half of the County portion of the fare under this contract for

properly documented “No-Show” and Cancelled Door” trips.

3. Nothing contained herein shall be construed to limit the right of the County to

utilize other transportation providers to provide these services, it being the intent of

the County to award a non-exclusive contract. The estimated number of trips is not

a guarantee of any minimum amount of work to be provided hereunder.

4. Based on past ridership history, the County expects the trip numbers to increase annually

by 1 to 3% per year, which projection has been included in the estimated number of trips.

5. It should be noted that fare paying passengers include both Eligible Riders and

Companions. See Section III, 7.0 (Definitions). However, for the per Trip rate that the

Provider will be paid by the County, the Provider will be paid for Eligible Riders only

and not companions (Provider is to collect only the $4.00 fare from Companions.)

Offer: I certify that I understand and will abide by the terms and conditions of this RFP

and the prices are firm for 60 days from the opening date of the RFP.

Authorized Official

Name of Firm

49


FORM IV-2

AFFIRMATION

Date:

I, , of

NAME TITLE COMPANY

affirm the following to be true.

The information contained in this submission is accurate and complete as of the date of

submission.

The

(responding organization)

willing to comply with contractual requirements

pertaining to equal employment opportunity and fair employment practices.

The

(responding organization)

has (or can demonstrate the ability to obtain)

all necessary permits, authorities to carry disabled and fare-paying passengers in

Westchester County, and between Westchester County, the Bronx, and Putnam County

including Common Carrier authority obtained from the State of New York and

Westchester County TLC licensing.

I, , have read and understand the service

specifications contained in this RFP and will inform the drivers, dispatchers, and other

parties within the organization of their responsibilities upon contract award and prior to

the start of service.

__________________________________

(Signature)

__________________________________

(Name, Title – Printed)

__________________________________

(Witness)

50


FORM IV-3

PROVIDER'S ACKNOWLEDGMENT

(Corporation)

STATE OF NEW YORK )

COUNTY OF WESTCHESTER )

ss:

On this day of , 2013, before me personally came

to me known, and known to me to be the

of

the corporation described in and which executed within instrument, who being by me duly sworn

did depose and say that the said

, resides at

and that he is

of said

corporation; that the seal affixed to the within instrument is such corporate seal and that it was

so affixed by order of the Board of Directors of said corporation, and that he signed his name

thereto by like order.

Notary Public

51


FORM IV-4

CERTIFICATE OF AUTHORITY

(Provider)

I, , certify that I am the

(Officer other than officer signing agreement)

(Title)

of the

the “Provider”), a corporation

(Name of Provider)

duly organized and in good standing under the

LAW UNDER WHICH ORGANIZED, E.G., THE

NEW YORK BUSINESS CORPORATION LAW)

the foregoing agreement; that

(Person executing agreement)

who signed said agreement on behalf of the Provider was at the time of execution

(Title of such person)

of the Provider that said agreement was duly

signed for and in behalf of said Provider by authority of its Board of Directors, thereunto

duly authorized, and that such authority is in full force and effect at the date hereof.

STATE OF NEW YORK ) ss.:

COUNTY OF )

(Signature)

On this day of , 2013, before me personally came

to me known, and known to me to be the

of the said corporation, that the seal

(Title)

affixed to the above certificate is such corporate seal and that it was so affixed by order

of the Board of Directors of said corporation, and that he signed his name thereto by like

order.

______________________________

52


FORM IV-5

AFFIRMATIVE ACTION PLAN REQUIREMENT

Affirmative Action Plan

An approved Affirmative Action Plan shall be required in all contracts where the actual

contract amount - as awarded - exceeds $50,000.00.

Regardless of the foregoing an approved Affirmative Action Plan is suggested, not

required, of a Provider where the total number of persons employed by such contractor

is 14 or fewer.

Does your firm participate in an approved Affirmative Action Plan

If YES, give name of Plan:

An approved Affirmative Action Plan means a plan approved or adopted by Westchester

County including but not limited to the Westchester-Putnam Affirmative Action Plan, the

Recruitment Training Program or any other affirmative action plan meeting the

requirements of the State or federal government.

53


FORM IV-6

Criminal Disclosure Requirements

CRIMINAL BACKGROUND DISCLOSURE

INSTRUCTIONS –

TO BE COMPLETED ONLY BY SUCCESSFUL PROPOSER

Pursuant to Executive Order 1-2008, the County is required to maintain a record of

criminal background disclosure from all persons providing work or services in

connection with any County contract, including leases of County-owned real property

and licenses:

a.) If any of the persons providing work or services to the County in relation to a

County contract are not subject to constant monitoring by County staff while

performing tasks and/or while such persons are present on County property

pursuant to the County contract; and

b.) If any of the persons providing work or services to the County in relation to a

County contract may, in the course of providing those services, have access

to sensitive data (for example SSNs and other personal/secure data); facilities

(secure facilities and/or communication equipment); and/or vulnerable

populations (for example, children, seniors, and the infirm).

In those situations, the persons who must provide a criminal background disclosure

(“Persons Subject to Disclosure”) include the following:

a.) Consultants, Contractors, Licensees, Lessees of County-owned real property,

their principals, agents, employees, volunteers or any other person acting on

behalf of said Contractor, Consultant, Licensee, or Lessee who is at least

sixteen (16) years old, including but not limited to Subconsultants,

subcontractors, Sublessess, or Sublicensees who are providing services to

the County, and

b.) Any family member or other person, who is at least sixteen (16) years old,

residing in the household of a County employee who lives in housing provided

by the County located on County property.

Under Executive Order 1-2008, it is the duty of every County Consultant, Contractor,

Licensee, or Lessee to inquire of each and every Person Subject to Disclosure and

disclose whether they have been convicted of a crime or whether they are subject to

pending criminal charges, and to submit this form with that information. 1 Accordingly,

you are required to complete the attached Criminal Background Disclosure Form and

Certification.

1 For these disclosures, a “crime” or “pending criminal charge” includes all felonies and misdemeanors as defined

under the New York State Penal Law or the equivalent under Federal law or the laws of any other State.

54


Please note that under no circumstances shall the existence of a language barrier serve

as a basis for the waiver of or an exception from the disclosure requirements of

Executive Order 1-2008. If translation services are required by the Consultant,

Contractor, Licensee, or Lessee to fulfill this obligation, it shall be at the sole cost and

expense of the Consultant, Contractor, Licensee, or Lessee.

Please also note that the conviction of a crime(s) and/or being subject to a pending

criminal charge(s) will not automatically result in a denial of a person’s right to work on a

County contract, right to be on County property, or license, but may, if the County

determines that the prior conviction(s) or pending criminal charge(s) create an

unacceptable risk. However, if a person fails to list or falsifies any part of his/her

conviction history or any pending criminal charge(s) for any reason, he/she may be

prohibited from working or being on County property without any risk assessment. If it

is later determined that a Person Subject to Disclosure failed to disclose a criminal

conviction or pending criminal charge for any reason, his/her right to work on a County

contract, be on County property, or license may be terminated at any time.

Please further note that, pursuant to Executive Order 1-2008, and subject to the

applicable provisions of New York Correction Law §§ 752 and 753, the County has the

right to bar a Person Subject to Disclosure from providing work or services to the

County or from being on County property if any such person has:

a.) A conviction of a crime(s);

b.) A pending criminal proceeding for a crime(s); or

c.) Refused to answer questions concerning his/her criminal background

Please finally note that any failure by a County Consultant, Contractor, Licensee, or

Lessee to comply with the disclosure requirements of Executive Order 1–2008 may be

considered by the County to be a material breach and shall be grounds for immediate

termination by the County of the related County contract.

Exemptions

Executive Order 1-2008 exempts from the aforementioned disclosure requirements

Persons Subject to Disclosure:

a.) for whom the County has already conducted a background check and issued a

security clearance that is in full force and effect; and

b.) for whom another state or federal agency having appropriate jurisdiction has

conducted a security and/or background clearance or has implemented other

protocols or criteria for this purpose that apply to the subject matter of a County

contract that is in full force and effect.

If you are claiming an exemption for one or more Persons Subject to Disclosure, you

55


must notify the Procuring Officer 2 . The Procuring Officer will then determine whether

the Person(s) Subject to Disclosure are actually exempt, and provide written notification

of his/her determination. If the Procuring Officer determines that a Person Subject to

Disclosure is not exempt, the Procuring Officer will notify you of that determination, and

you will have to include disclosures for that person on your Criminal Background

Disclosure Form and Certification.

2 Procuring Officer” shall mean the head of the department or the individual or individuals authorized by the head(s)

of the department(s) undertaking the procurement and with respect to those matters delegated to the Bureau of

Purchase and Supply pursuant to Section 161.11(a) of the Laws of Westchester County, the Purchasing Agent.

56


Subconsultants, Subcontractors, Sublessees, or Sublicensees

Under Executive Order 1-2008, it is your duty to ensure that any and all approved

subconsultants, subcontractors, sublessees, or sublicensees complete and submit the

attached Criminal Background Disclosure Form and Certification for all of their

respective Persons Subject to Disclosure. This must be done before such a

subconsultant, subcontractor, sublessees, or sublicensees can be approved to perform

work on a contract.

New Persons Subject to Disclosure

Under Executive Order 1-2008, you have a CONTINUING OBLIGATION to maintain

the accuracy of the Criminal Background Disclosure Form and Certification (and any

accompanying documentation) for the duration of this contract, including any

amendments or extensions thereto. Accordingly, it is your duty to complete and submit

an updated Criminal Background Disclosure Form and Certification whenever there is a

new Person Subject to Disclosure for this contract. NO NEW PERSON SUBJECT TO

DISCLOSURE SHALL PERFORM WORK OR SERVICES OR ENTER ONTO

COUNTY PREMISES UNTIL THE UPDATED CRIMINAL BACKGROUND

DISCLOSURE FORM AND CERTIFICATION IS FILED WITH THE PROCURING

OFFICER. You shall also provide the County with any other updates that may be

necessary to comply with the disclosures required by Executive Order 1-2008.

____________________________________________________________

PLEASE CONTINUE TO THE

Criminal Background Disclosure Form and Certification

BEGINNING ON THE NEXT PAGE

57


Contract #: __________________________________

Name of Consultant, Contractor, Lessee, or Licensee:

__________________________________

CRIMINAL BACKGROUND DISCLOSURE

FORM AND CERTIFICATION

If this form is being completed by a subconsultant, subcontractor, sublessee, or

sublicensee, please consider all references in this form to “consultant, contractor,

lessee, or licensee” to mean “subconsultant, subcontractor, sublessee, or sublicensee”

and check here: ____________________

I, _______________________________________________, certify that I am a

(Name of Person Signing Below)

principal or a representative of the Consultant, Contractor, Lessee, or Licensee and I

am authorized to complete and execute this Criminal Background Disclosure Form and

Certification. I certify that I have asked each Person Subject to Disclosure the following

questions:

• Have you or your company ever been convicted of a crime (all felonies

and misdemeanors as defined under the New York State Penal Law or

the equivalent under Federal law or the laws of any other State)

including, but not limited to, conviction for commission of fraud,

embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property

• Are you or your company subject to any pending criminal charges (all

felonies and misdemeanors as defined under the New York State Penal

Law or the equivalent under Federal law or the laws of any other State)

I certify that the names and titles of Persons Subject to Disclosure who refused to

answer either of the questions above are:

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

4. ________________________________________________________________

5. ________________________________________________________________

(If more space is needed, please attach separate pages labeled “REFUSED to Answer -

Continued.”)


I certify that the names and titles of Persons Subject to Disclosure who answered “Yes”

to either of the questions above are:

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

4. ________________________________________________________________

5. ________________________________________________________________

(If more space is needed, please attach separate pages labeled “YES Answers -

Continued.”)

Each Person Subject to Disclosure listed above who has either been convicted of a

crime(s) and/or is subject to a pending criminal charge(s) must answer additional

questions. Those questions are below.

A Person Subject to Disclosure who has been convicted of a crime(s) must respond

to the following (please attach separate pages with responses for each person, with

their name and title):

1.) Describe the reason for being on County property if applicable, identify the

specific duties and responsibilities on this project which you intend to perform

for the County, including but not limited to, access to sensitive data and

facilities and access to vulnerable populations.

2.) Please list all criminal convictions along with a brief description of the crime(s)

(including all felonies and misdemeanors as defined under the New York

State Penal Law or the equivalent under Federal law or the laws of any other

State).

3.) Please provide the date and place of each conviction.

4.) Please provide your age at the time of each crime for which you were

convicted.

5.) Please provide the legal disposition of each case.

6.) Please provide any information either produced by yourself or someone on

your behalf in regards to your rehabilitation and good conduct.

A Person Subject to Disclosure who is subject to a pending criminal charge(s) must

respond to the following (please attach separate pages with responses for each person,

with their name and title):

1.) Describe the reason for being on County property and if applicable, identify the

specific duties and responsibilities on this project which you intend to perform for

the County, including but not limited to, access to sensitive data and facilities and

access to vulnerable populations.

2


2.) Please identify all pending criminal charges (all felonies and misdemeanors as

defined under the New York State Penal Law or the equivalent under Federal law

or the laws of any other State).

3.) Please briefly describe the nature of the pending charges and the date upon

which it is alleged that a crime was committed.

I hereby certify that all of the information provided herein (and in any and all

attachments) is true and accurate and that all disclosures required by Executive Order

1-2008 and this Criminal Background Disclosure Form and Certification have been

completed. By my signature below, I hereby affirm that all of the facts, statements and

answers contained herein (and in any and all attachments) are true and correct. I

understand that providing false or incomplete information or withholding by omission or

intention pertinent information will be cause for refusing further consideration of my

being utilized under this contract.

It is understood and agreed that no Person Subject to Disclosure shall perform

work or services or enter onto County property until this required Criminal

Background Disclosure Form and Certification is filed with the Procuring Officer.

It is understood and agreed that to the extent that new Persons Subject to

Disclosure are proposed to perform work or provide services under this contract

after filing of this Criminal Background Disclosure Form and Certification with the

Procuring Officer, such new Persons Subject to Disclosure shall not perform

work or provide services or enter into County property until an updated Criminal

Background Disclosure Form and Certification has been filed with the Procuring

Officer.

It is further understood and agreed that the consultant, contractor, lessee, or

licensee has a continuing obligation to maintain the accuracy of the Criminal

Background Disclosure Form and Certification for the duration of this contract,

including any amendments or extensions thereto, and shall provide any updates

to the information to the County as necessary to comply with the requirements of

Executive Order 1-2008.

_________________________________________

Name: _____________________________

Title: _____________________________

Date: _____________________________

__________________________________

Notary Public

___________________

Date

3


FORM IV-7

CERTIFICATION REGARDING BUSINESS DEALINGS

WITH NORTHERN IRELAND

A. The Contractor and any individual or legal entity in which the Contractor holds

a ten percent (10%) or greater ownership interest and any individual or legal entity that

holds a ten percent (10%) or greater ownership interest in the Contractor (a) has no

business operations in Northern Ireland, or (b) shall take lawful steps in good faith to

conduct any business operations in Northern Ireland in accordance with the MacBride

Principles.

B. For purposes of this Certification, “MacBride Principles” shall mean those

principles relating to nondiscrimination in employment and freedom of workplace

opportunity which require employers doing business in Northern Ireland to:

(1) increase the representation of individuals from underrepresented religious

groups in the work force, including managerial, supervisory, administrative, clerical and

technical jobs;

(2) take steps to promote adequate security for the protection of employees from

underrepresented religious groups both at the workplace and while traveling to and from

work;

(3) ban provocative religious or political emblems from the workplace;

(4) publicly advertise all job openings and make special recruitment efforts to

attract applicants from underrepresented religious groups;

(5) establish layoff, recall and termination procedures which do not in practice

favor a particular religious group;

(6) abolish all job reservations, apprenticeship restrictions and differential

employment criteria which discriminate on the basis of religion;

(7) develop training programs that will prepare substantial numbers of current

employees from underrepresented religious groups for skilled jobs, including the

expansion of existing programs and the creation of new programs to train, upgrade and

improve the skills of workers from underrepresented religious groups;

(8) establish procedures to assess, identify and actively recruit employees from

underrepresented religious groups with potential for further advancement; and

(9) appoint a senior management staff member to oversee affirmative action

efforts and develop a timetable to ensure their full implementation.

C. For purposes of this Certification, “Northern Ireland” shall be understood to be

the six counties partitioned from the Irish Province of Ulster, and administered from

London and/or from Stormont.

4


D. The Contractor agrees that the warranties and representation in paragraph

“A” are material conditions of this Agreement. If the County receives information that

the Contractor is in violation of paragraph “A,” the County shall review such information

and give the Contractor opportunity to respond. If the County finds that such a violation

has occurred, the County may declare the Contractor in default, and/or terminate this

Agreement. In the event of any such termination, the County may procure the supplies,

services or work from another source in accordance with applicable law. The

Contractor shall pay to the County the difference between the contract price for the

uncompleted portion of this Agreement and the cost to the County of completing

performance of this Agreement either by itself or by engaging another contractor. If this

is a contract other than a construction contract, the Contractor shall be liable for the

difference in price if the cost of procurement from another source is greater than what

the County would have paid the Contractor plus any reasonable costs the County incurs

in any new procurement and if this is a construction contract, the County shall also have

the right to hold the Contractor in partial or total default in accordance with the default

provisions of this Agreement. In addition, the Contractor may be declared not to be a

responsible bidder or proposer for up to three (3) years, following written notice to the

Contractor, giving the Contractor the opportunity for a hearing at which the Contractor

may be represented by counsel. The rights and remedies of the County hereunder shall

be in addition to, and not in lieu of, any rights and remedies the County has pursuant to

this Agreement or by operation of law or in equity.

Agreed:

Name of Contractor__________________________________________

By: (Authorized Representative)________________________________

Title:__________________________ Date_______________________

5


FORM IV-8

QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES

OWNED AND CONTROLLED BY PERSONS OF COLOR OR WOMEN

As part of the County's program to encourage the meaningful and significant

participation of business enterprises owned and controlled by persons of color or

women in County contracts, and in furtherance of Local Law No. 27-1997 we request

that you answer the questions listed below.

The term persons of color means a United States citizen or permanent resident alien

who is and can demonstrate membership of one of the following groups: (a) Black

persons having origins in any of the Black African racial groups; (b) Hispanic persons of

Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either

Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native

persons having origins in any of the original peoples of North American; or (d) Asian or

Pacific Islander persons having origins in any of the Far East countries, South East

Asia, the Indian sub-continent or the Pacific Islands.

An enterprise owned and controlled by persons of color or women means a business

enterprise including a sole proprietorship, limited liability partnership, partnership,

limited liability corporation or corporation that is (a.) at least 51 % owned by one or more

persons of color or women; (b.) an enterprise in which such ownership by persons of

color or women is real, substantial and continuing; (c.) an enterprise in which such

ownership interest by persons of color or women has and exercises the authority to

control and operate, independently, the day-to-day business decisions of the enterprise;

and (d.) an enterprise authorized to do business in this state which is independently

owned and operated.

In addition, a business enterprise owned and controlled by persons of color or women

shall be deemed to include any business enterprise certified as an MBE or WBE

pursuant to Article 15-a of the New York State Executive Law and implementing

regulations, 9 NYCRR subtitle N Part 540 et seq., or as a small disadvantaged business

concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant

provisions of the Code of Federal Regulations as amended.

1. Are you a business enterprise which is owned and controlled by persons of color

or women in accordance with the standards listed above

________ No

________ Yes (as a business owned and controlled by persons of color)

________ Yes (as a business owned and controlled by women)

2. If you are business owned and controlled by persons of color, please specify the

minority classifications which apply:

6


3. Are you certified with the State of New York as a minority business enterprise

(“MBE”) or a women owned business enterprise (“WBE”)

________ No

________ Yes (as a MBE)

________ Yes (as a WBE)

4. If you are certified with the State of New York as an MBE, please specify the

minority classifications which apply:

5. Are you certified with the Federal Government as a small disadvantaged

business concern

________ No

________ Yes

Name of Firm/Business Enterprise:

Address:

Name/Title of Person Completing MBE/WBE Questionnaire:

Signature:

7


FORM IV-9

ENROLLMENT IN A QUALIFIED TRANSPORTATION FRINGE PROGRAM

Pursuant to Executive Order 7-2005, each contractor, concessionaire, or vendor (“Contractor”) doing

business with the County must enroll in a Qualified Transportation Fringe program, as defined in

§132(f)(1) of the Internal Revenue Code, (“QTFP”) when:

1.) the County is committed to pay over to the Contractor funds for services which are to be provided

to or on behalf of the County, the total value of which is at least $100,000 in any twelve month

period during the contract term, and

2.) the Contractor employs more than 25 individuals who utilize public transportation and/or pay for

commuter parking at least one day per week, regardless of whether those employees are

engaged in work pursuant to the County contract.

Accordingly, each Contractor must complete this form concerning its enrollment in a

QTFP.______________________________________________________________________________

I certify that, under Executive Order 7-2005, _______________________________________:

(Name of Contractor)

(please check off only one option)

_____ is required to be enrolled in a QTFP and:

_____ is enrolled in a QTFP

_____ has initiated the process of enrolling in a QTFP 3

_____ is requesting a waiver from compliance with Executive Order 7-2005 because:

(please check off only one option and attach a detailed explanation)

_____ the Contractor has an inability to comply

_____ hardship would result from compliance

(please check off all that apply)

_____ is not required to be enrolled in a QTFP because:

_____ the total value of this contract is less than $100,000 for any twelve month period during the

contract term.

_____ the Contractor employs 25 or fewer individuals who utilize public transportation and/or pay for

commuter parking at least one day per week, regardless of whether those employees are engaged in

work pursuant to the contract.

Signature:________________________________

Name: __________________________________________

Title: ____________________________________________

Date: ___________________________________________

3 Pursuant to Executive Order 7-2005, the contractor shall notify, in writing, the appropriate personnel in the County

department charged with administration of the contract, upon the commencement of its participation in a QTFP.

——————————————————————————————————————————————

FOR COUNTY USE ONLY

Waiver is: _____ Approved ________________________________ _____________

_____ Disapproved Commissioner or Department Head Date

8


FORM IV-10

Contract #: __________________________________

Name of Contractor: __________________________________

REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY

A potential County contractor must complete this form as part of the proposed County

contract.

1.) Are any of the employees that the Contractor will use to carry out this contract

also a County officer or employee, or the spouse, child, or dependent of a County officer

or employee

Yes ______

No ______

If yes, please provide details (attach extra pages, if necessary):

______________________________________________________________________

______________________________________________________________________

2.) Are any of the owners of the Contractor or their spouses a County officer or

employee

Yes ______

No ______

If yes, please provide details (attach extra pages, if necessary):

______________________________________________________________________

______________________________________________________________________

3.) Do any County officers or employees have an interest 4 in the Contractor or in

any approved subcontractor that will be used for this contract

Yes ______

No ______

4 “Interest” means a direct or indirect pecuniary or material benefit accruing to a County officer or employee, his/her spouse,

child or dependent, whether as the result of a contract with the County or otherwise. For the purpose of this form, a County

officer or employee shall be deemed to have an "interest" in the contract of:

1.) His/her spouse, children and dependents, except a contract of employment with the County;

2.) A firm, partnership or association of which such officer or employee is a member or employee;

3.) A corporation of which such officer or employee is an officer, director or employee; and

4.) A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties.

9


If yes, please provide details (attach extra pages, if necessary):

_____________________________________________________________________

______________________________________________________________________

By signing below, I hereby certify that I am authorized to complete this form for the

Contractor.

Name: _________________________________________

Title: _______________________

10


APPENDIX “A”

STANDARD INSURANCE PROVISIONS

(Contractor)

1. Prior to commencing work, the Contractor shall obtain at its own cost and expense the

required insurance from insurance companies licensed in the State of New York, carrying a

Best's financial rating of A or better, and shall provide evidence of such insurance to the County

of Westchester, as may be required and approved by the Director of Risk Management of the

County. The policies or certificates thereof shall provide that thirty days prior to cancellation or

material change in the policy, notices of same shall be given to the Director of Risk Management

of the County of Westchester by registered mail, return receipt requested, for all of the following

stated insurance policies. All notices shall name the Contractor and identify the Agreement.

If at any time any of the policies required herein shall be or become unsatisfactory to the

County, as to form or substance, or if a company issuing any such policy shall be or become

unsatisfactory to the County, the Contractor shall upon notice to that effect from the County,

promptly obtain a new policy, submit the same to the Department of Risk Management of the

County of Westchester for approval and submit a certificate thereof. Upon failure of the

Contractor to furnish, deliver and maintain such insurance, the Agreement, at the election of the

County, may be declared suspended, discontinued or terminated. Failure of the Contractor to

take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve

the Contractor from any liability under the Agreement, nor shall the insurance requirements be

construed to conflict with or otherwise limit the contractual obligations of the Contractor

concerning indemnification. All property losses shall be made payable to and adjusted with the

County.

In the event that claims, for which the County may be liable, in excess of the insured

amounts provided herein are filed by reason of Contractor’s negligent acts or omissions under

the Agreement or by virtue of the provisions of the labor law or other statute or any other reason,

the amount of excess of such claims or any portion thereof, may be withheld from payment due

or to become due the Contractor until such time as the Contractor shall furnish such additional

security covering such claims in form satisfactory to the County of Westchester.

2. The Contractor shall provide proof of the following coverage (if additional coverage is

required for a specific agreement, those requirements will be described in the "Special

Conditions" of the contract specifications):

(a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company

form U-26.3 is required for proof of compliance with the New York State Workers'

Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of

compliance with the New York State Disability Benefits Law. Location of operation shall be

"All locations in Westchester County, New York."

11


Where an applicant claims to not be required to carry either a Workers' Compensation

Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200,

available to download at: http://www.wcb.ny.gov/.

If the employer is self-insured for Workers’ Compensation, he/she should present a

certificate from the New York State Worker's Compensation Board evidencing that fact (Either

SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of

Participation in Workers’ Compensation Group Self-Insurance).

(b) Employer's Liability with minimum limit of $100,000.

(c) Commercial General Liability Insurance with a minimum limit of liability per

occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined

single limit of $1,000,000 (c.s.1), naming the County of Westchester as an additional insured.

This insurance shall include the following coverages:

(i) Premises - Operations.

(ii) Broad Form Contractual.

(iii) Independent Contractor and Sub-Contractor.

(iv) Products and Completed Operations.

All Contracts involving the use of explosives and demolition shall provide the above

coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered.

(d) Automobile Liability Insurance with a minimum limit of liability per occurrence of

$1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property

damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract

specifications. This insurance shall include for bodily injury and property damage the following

coverages:

(i) Owned automobiles.

(ii) Hired automobiles.

(iii) Non-owned automobiles.

3. All policies of the Contractor shall be endorsed to contain the following clauses:

(a) Insurers shall have no right to recovery or subrogation against the County of

Westchester (including its employees and other agents and agencies), it being the intention of the

parties that the insurance policies so effected shall protect both parties and be primary coverage

for any and all losses covered by the above-described insurance.

(b) The clause "other insurance provisions" in a policy in which the County of

Westchester is named as an insured, shall not apply to the County of Westchester.

12


(c) The insurance companies issuing the policy or policies shall have no recourse against

the County of Westchester (including its agents and agencies as aforesaid) for payment of any

premiums or for assessments under any form of policy.

(d) Any and all deductibles in the above described insurance policies shall be assumed

by and be for the account of, and at the sole risk of, the Contractor.

13


APPENDIX “B”

OPERATING AGREEMENT

THIS AGREEMENT made this ___ day of_____, 2013 by and between:

THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York,

having an office and place of business in the Michaelian Office Building, 148 Martine Avenue,

White Plains, New York, 10601 (hereinafter referred to as the “County”) acting by and through

its Dept. of Public Works and Transportation having an office and place of business at 148

Martine Avenue, White Plains, New York 10601

(hereinafter referred to as the “County”)

_________________________________________________., a corporation having an office and

place of business at ___________________________________________________________

(hereinafter referred to as the “Operator”)

WITNESSETH:

WHEREAS, the County issued a Request for Proposals entitled “Countywide Bee-Line

ParaTransit Innovative For Hire Car Services” seeking proposals for curb to curb paratransit

services within the County to a certain portion of disabled individuals (hereinafter “riders”) in

accordance with applicable federal, state and local laws, rules and regulations; and

WHEREAS, the Operator, being the successful proposer, desires to provide such

paratransit services.

NOW, THEREFORE, the parties hereto in consideration of the terms, conditions and

covenants hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES: The Operator shall perform those services as described

and as more fully set forth in Schedule “A” (RFP and Operator proposal), which is attached

hereto and made a part hereof.

2. TIME OF PERFORMANCE: The term of this Agreement shall commence on

__________________ and shall expire _____, with the County’s option to extend the agreement

for one additional one year period on the terms and conditions set forth herein.

There shall be no adjustments to the amount payable per trip beyond those

expressly provided for in Schedule “A” and herein.

14


3. PAYMENT:

A. Subject to compliance with the terms and conditions of this Agreement, the County

agrees to pay the Operator at such rates of payment as are set forth in Schedule “A” (Section IV,

Price Offer Forms) attached hereto and made a part hereof. The total cost to the County under

this Agreement shall not exceed $__________.

B. It is understood by and between the parties hereto that this Agreement shall be

deemed executory to the extent of monies duly appropriated for ParaTransit services and that the

County shall not incur any liability on account thereof beyond monies duly appropriated therein

and available for the purposes hereof. Without limiting the foregoing, payments made hereunder

are subject to future appropriations. In the event funds are not appropriated, the County, in

addition to any other remedy or rights it may have, may terminate this Agreement upon fortyeight

(48) hours notice. In such event, the Operator shall be compensated and the County shall

be liable only - for the payment for services already rendered under this Agreement prior to the

effective date of termination. Such notice shall be effective upon mailing thereof.

The Operator hereby acknowledges that the County may seek Federal and State funding

for the services provided pursuant to this Agreement. Accordingly, the Operator, shall not act in

any way whatsoever to jeopardize the County’s eligibility for such funding.

If at any time prior to or subsequent to execution of this Agreement applicable Federal

and/or State rules or regulations impose requirements of the County that affect ParaTransit

Services, which requirements are not provided for hereunder, the Operator shall promptly

comply with any such further requirements that the County may impose on the Operator for the

purpose of enabling the County to obtain continued Federal and/or State funding. The Operator

shall comply with all applicable federal, state and local laws, rules, regulations, reporting

requirements, ordinances and any amendments thereto, and standards applicable to the services

provided pursuant to this Agreement and to the Operator’s performance hereunder.

C. To obtain payment for services provided, the Operator must submit to the County

within fifteen (15) days following the end of each billing period, a requisition for payment for

the services rendered in the preceding billing period. In such requisition the Operator must, as a

condition of payment, submit all documentation including, but not limited to dispatcher sheets,

driver logs and all other documentation required by Schedule “A”.

D. In the event of a dispute between the County and the Operator over the value of

services rendered, the Operator shall be given notice and the Operator shall have ten (10) days to

reconcile the invoice in question and submit it to the County in writing. In this event, the County

shall be empowered to withhold approval for compensation for a sum equal to the full value of

the disputed charges. It is understood and agreed that the Commissioner of the Department of

Transportation (“Commissioner”) shall determine the value of such services rendered by the

Operator. Such reasonable and good faith determination shall be accepted by the Operator as

final.

15


E. Should a determination be made by the County that services rendered on a specific

occasion failed to meet the level of service described in Schedule “A”, in addition to all other

available remedies the County may have pursuant to this Agreement, the County shall have theright

to offset from moneys due and owing the Operator at any given time pursuant to this

Agreement, the amount of damages suffered by the County due to the Operator’s failure to

render services in compliance with the Agreement. Due to the nature of the services rendered

hereunder and consequently the difficulty in estimating damages in the event the Operator fails

to comply with the terms and conditions herein, the parties agree that the damages in the below

listed situations shall be just compensation to the County as follows:

Failure to provide a scheduled trip due to

Operator’s negligence.

Failure to have an adequate number of staff to

provide service in accordance with the

specification.

Failure to report an accident/incident.

Failure to adhere to the specifications.

Failure to submit required documentation in

the manner outlined in the specifications.

Transporting unauthorized individuals on

equipment used to provide services covered

by this Agreement.

Failure to maintain vehicles in accordance with

the maintenance schedule contained

in Schedule “A”.

$200.00 per occurrence.

$200.00 per occurrence.

$200.00 per day that the report is delayed.

$200.00 per occurrence.

$200.00 per day that documentation is delayed

$200.00 per occurrence.

$200.00 per occurrence.

The County shall give the Operator ten (10) days notice of its intention to assess damages

as provided for herein. The Operator shall submit its written opposition within such ten (10) day

period. The Operator may appeal the Department’s determination hereunder to the

Commissioner. The Commissioner’s reasonable and good faith determination in this regard shall

be accepted by the Operator as final.

F. In the event that an audit of records results in a determination that the Operator has

collected compensation in excess of that due under the terms of this Agreement, the County shall

offset such excess compensation from moneys due and owing Operator.

G. All payments made by the County to the Contractor will be made by electronic funds

transfer (“EFT”) pursuant to the County’s Vendor Direct program. Successful Contractors doing

business with Westchester County, who are not already enrolled in the Vendor Direct Program,

will be required to fill out and submit an EFT Authorization Form prior to receiving an award or

16


purchase order. The EFT Authorization Form, Instructions and related information are annexed

hereto as Appendix “C” of Schedule “A.” Payments will be automatically credited to the

Contractor’s designated bank account at the Contractor’s financial institution. Payments are

anticipated to be deposited two business days after the voucher/invoice is processed for payment.

Saturdays, Sundays, and legal holidays are not considered business days. Under the Vendor

Direct program you will receive an e-mail notification two days prior to the day the payment will

be credited to your designated account. The e-mail notification will come in the form of a

remittance advice with the same information that currently appears on County check stubs and

will contain the date that the funds will be credited to your account. All information received

will be treated and handled as strictly confidential.

The completed Authorization Form must be returned by the Contractor to the County prior to

execution of the contract. In rare cases, a hardship waiver may be granted. For a Hardship

Waiver Request Form, please contact the Finance Department.

4. SUPERVISION AND MANAGEMENT:

The Operator hereby acknowledges that a material element of this Agreement is the

Operator’s representation that its business operations hereunder, including but not limited to staff

training, driver supervision, trip dispatching and vehicle maintenance, shall be conducted,

supervised and managed in accordance with the terms and conditions outlined in Schedule “A”.

Should the conduct, management and/or supervision of the Operator’s business operations

hereunder change in any way from the terms and conditions set forth in Schedule “A”, the

Operator shall notify the County in writing of same. The County shall, at its option, terminate

this Agreement in accordance with the terms and conditions herein provided.

5. AUDIT AND INSPECTION OF BOOKS AND RECORDS:

The Operator shall keep accurate books, records and other documents of its business

operations hereunder as specified in Schedule “A” in a form and manner acceptable to the

Commissioner. Business records shall be kept in accordance with generally accepted accounting

principles. Such records shall be maintained within Westchester County and be made available

during business hours to any authorized representative of the County as specified in Schedule

“A”.

6. SATISFACTORY PERFORMANCE:

A. The County shall have the right to object to the Operator regarding the demeanor,

conduct, appearance or performance of the Operator’s employees whereupon the Operator

promptly shall take all necessary steps to cure the cause of the objection and to ensure that the

services provided by its employees comply with the service specifications outlined in Schedule

“A”.

B. If the Commissioner, after consultation with the Operator, in his sole judgment, shall

determine in good faith that the best interest of the County requires the re-assignment of a

member of the Operator’s staff from the provision of services covered by this contract, the

Commissioner shall so notify the Operator. Immediately upon receipt of the notice, the Operator

shall re-assign the staff member. The staff member may not be assigned to any service for which

the County contracts with the Operator that is provided to comply with Section 504 of the

Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990.

17


C. The Operator shall at all times comply with the performance standards specified in

Schedule “A”. If the Operator fails to satisfy such standards, the Operator’s service areas shall

be temporarily reduced as provided in Section 7 below.

7. TERMINATION: In addition to the right of termination for cause, the County may

without cause terminate this contract in whole or in part upon written notice to the Operator

whenever the County deems such termination to be in its best interest. In such event the

Operator shall be compensated and the County shall be liable only for payment for services

already rendered prior to the effective date of termination. Such notice shall be effective upon

mailing thereof

8. CONDITION OF VEHICLES:

A. The Operator agrees that in providing the Service pursuant to this Agreement it will

utilize vehicles that conform to the standards specified in Schedule “A”. Failure to use vehicles

that meet these standards shall be grounds, in the sole good faith discretion of the Commissioner,

for termination of the Agreement, or alternatively for a 100% reduction in payments for each

substandard trip for which compensation is requested under the terms of this Agreement.

B. The Operator agrees that upon request and without delay, it will permit the County to

make both scheduled and unscheduled inspections of the vehicles used by the Operator in

providing service under the terms of this Agreement.

9. Intentionally Omitted.

10. INSURANCE AND INDEMNIFICATION:

A. In addition to, and not in limitation of the insurance provisions contained in Schedule

“A”, attached hereto and made a part hereof, the Operator agrees:

(i) that except for the amount, if any, of damage contributed to, caused by or resulting

from the negligence of the County, or damage covered by the County’s insurance policy

provided under the Lease Agreement, the Operator shall indemnify and hold harmless the

County, its officers, employees and agents from and against any and all liability, damage, claims,

demands, costs, judgments, fees, attorneys’ fees or loss arising directly or indirectly out of the

performance or failure to perform hereunder by the Operator or third parties under the direction

or control of the Operator; and

(ii) to provide defense for and defend, at its sole expense, any and all claims, demands or

causes of action directly or indirectly arising out of this Agreement and to bear all other costs

and expenses related thereto.

11. REMEDIES:

A. In the event that the Operator defaults in the performance of any terns, condition or

covenant herein contained, the County at its option and in addition to any other remedy it may

have to seek damages, judicial enforcement or other lawful remedy, may terminate this

18


Agreement upon ten (10) days notice to the Operator provided, however, that the Operator may

defeat such termination notice by curing the default complained of within such notice period or,

if not within such reasonable notice period, by promptly commencing to correct the default and

diligently pursuing all necessary and appropriate action to affect such cure. Upon a second

default by the Operator, the County at its option and in addition to any other remedy it may have

to seek damages, judicial enforcement or any other’ lawful remedy, may terminate this

Agreement upon written notice to the Operator. The County, upon thirty (30) days notice to the

Operator may terminate this Agreement in whole or in part when the County deems it to be in its

best interest. In such event, the Operator shall be compensated and the County shall be liable

only for payment for services already rendered under this Agreement prior to the effective date

of termination. Such notice shall be effective immediately upon mailing thereof.

B. Intentionally Omitted.

C. The failure of the County to insist in any one or more instances upon strict

performance of any term or condition herein contained shall not be doomed a waiver or

relinquishment for the future of such term or condition but the same shall remain in full force

and effect. Payment by the County of any fee due hereunder with knowledge of a breach of any

tam or condition hereof shall not be deemed a waiver of any such breach and no waiver by the

County or any provision hereof shall be implied.

12. PERFORMANCE SECURITY: The Operator shall furnish within ten (10) days of

the award and at its own expense, a performance and payment bond in a form (copy available

upon request) approved by the County Attorney’s Office (from a surety that appears on the U.S.

Treasury’s listing of approved sureties, Department Circular 570, and is licensed to transact

business in New York State) or certified check payable to Westchester County in a sum equal to

ten percent (10%) of the estimated annual payment for the first year to ensure the faithful

performance of the contract and for the payment of all persons performing labor and furnishing

materials in connection with the contract. In the alternative, the County shall retain 10% of

the payments due the Operator up to a maximum of 10% of the estimated annual payment

due the Operator for the first year until the Operator has satisfactorily completed its

obligations under the contract. The estimated annual payment for the first year of service shall

be calculated based on the Price Offer Form. An updated performance bond, payment retainage,

irrevocable letter of credit, or certified check shall be submitted annually 30 days prior to the

commencement of the contract term beyond one year and the option year of the contract. If at

any time the surety shall be or become unsatisfactory to the County, then in that case the

provider shall, upon ten (10) days notice thereof in writing from the County, furnish a new and

additional bond in place of the original bond.

13. ASSIGNMENT OF RIGHTS/DELEGATION OF DUTIES:

A. The Operator shall not sell, assign, mortgage or transfer any interest in this

Agreement without obtaining the prior written consent of the County, it being the intention and

purpose of the County to grant this Agreement solely and exclusively to the Operator. The

County shall not be obligated to give its consent.

19


B. Any attempt by the Operator to make such assignment or delegation shall give the

County the right to terminate this Agreement with no further obligation to the Operator or

anyone to whom the Operator has attempted to assign, transfer or delegate rights or obligations

under this Agreement.

14. INDEPENDENT CONTRACTOR: This Agreement shall not be construed to

make either the County or the Operator an agent of or joint venturer with the other. Each of the

parties hereto expressly disclaims any intention to enter into such agency or joint venture and

agrees that it shall so conduct itself as not to act or purport to act on behalf of the other.

15. EQUAL EMPLOYMENT OPPORTUNITY: The Operator shall not discriminate

against any employee, applicant for employment, independent contractor or any other person

because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, disability

or genetic predisposition or carrier status. The Operator shall take affirmative action to ensure

that applicants are employed, and that employees or agents are treated during employment,

without regard to their race, color, religion, creed, ancestry, national origin, age, sex, marital

status, disability or genetic predisposition or carrier status. Such affirmative action shall include,

but is not limited to, the following: employment, upgrading, demotion, transfer, recruitment,

rates -of pay or other forms of compensation and selection for training, including apprenticeship.

16. NOTICES:

A. All notices given by either party to the other shall be effective only if given in writing

and sent by prepaid certified mail, return receipt requested, to the following addresses of the

parties, or to such other addresses as may be designated by the parties in writing. Notice shall be

effective upon date of mailing.

To the County:

Commissioner of Public Works and Transportation

148 Martine Avenue

White Plains, New York 10601

with a copy to:

County Attorney

Michaelian Office Building, Room 600

148 Martine Avenue

White Plains, New York 10601

To the Operator:

________________________________

________________________________

________________________________.

20


B. Any reports, records, or other documents to be presented to the County in connection

with this Agreement shall be delivered to the Director of The Office For The Disabled,

148 Martine Avenue, White Plains, New York 10601.

17. AGREEMENT SUBJECT TO LAWS AND REGULATIONS:

A. The Operator, at its sole cost and expense, shall obtain and maintain in full force and

effect, for the term hereof, all permits, licenses, certificates and approvals from all governmental

authorities as are, or may be, from time to time required for the operations contemplated

hereunder.

B. The Operator assumes all risks in the operation of this Agreement and shall comply

with all federal, state and local laws, rules, regulations and filing requirements applicable thereto.

18. CONFLICT: The Operator agrees that it has no interest and will not acquire any

interest, direct or indirect, that would conflict in any manner or degree with the performance of

the services and duties hereunder. The Operator further agrees that, in the performance of this

Agreement, no person having such interest shall be employed by it.

The Operator represents and warrants that it has not employed or retained any person,

other than a bona fide full time salaried employee working solely for the Operator, to solicit or

secure this Agreement, and that it has not paid or agreed to pay any person (other than payments

of fixed salary to a bona fide full time salaried employee working solely for the Operator) any

fee, commission, percentage, gift or other consideration, contingent upon or resulting from the

award or making of this Agreement. For the breach or violation of this provision, without

limiting any other rights or remedies to which the County may be entitled or any civil or criminal

penalty to which any violator may be liable, the County shall have the right, in its discretion, to

terminate this Agreement without liability, and to deduct from the contract price, or otherwise to

recover, the full amount of such fee, commission percentage, gift or consideration.

19. INVALIDITY: In the event that any one or more of the provisions of this

Agreement is invalid or becomes unenforceable whether by statute, judicial decisions, or rulings,

the enforceability of the remaining provisions shall be impaired. If either party has notice of any

such statute, regulation, judicial decision or ruling (other than a decision or ruling issued in a

proceeding brought by or against either of the parties hereto), such party shall promptly notify

the other and the parties shall confer in good faith regarding adjustments to this Agreement

which may be required to effect compliance with such statutes, regulation, judicial decision or

ruling.

20. NON-APPROPRIATIONS/BUDGET FUNDING: This Agreement shall be

deemed executory only to the extent of money appropriated and allocated by the County for the

performance of the terms hereof, and no liability under this Agreement shall be incurred by the

County beyond the moneys available for the purposes hereof. This Agreement is also subject to

further financial analysis of the impact of any New York State Budget (the “State Budget”)

proposed and adopted during the term of this Agreement. The County shall retain the right, upon

the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of

21


a State Budget or any amendments thereto, and for a reasonable period of time after such

release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on

County finances. After such analysis, the County shall retain the right to either terminate this

Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently

offers to pay a reduced amount to the Contractor, then the Contractor shall have the right to

terminate this Agreement upon reasonable prior written notice.

21. ENTIRE AGREEMENT:

A. This Agreement in its entirety, consists of these special provisions, consisting of

twenty-three (23) paragraphs and Schedule “A”.

B. This Agreement expresses the entire understanding of the parties hereto with respect

to the subject matter hereof and there is no understanding, agreement, representation or warranty

expressed or implied, oral or written in any way limiting, extending or relating to the provisions

hereof. No subsequent amendment limiting, extending or relating to the provisions hereof shall

be valid unless in writing and signed by duly authorized representatives of the parties hereto.

22. APPROVAL: This Agreement shall not be enforceable until signed by the parties

and approved as to manner and form of execution by the Office of the County Attorney.

23. APPLICABLE LAW: This Agreement shall be construed and enforced in

accordance with the laws of the State of New York.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in

triplicate.

THE COUNTY OF WESTCHESTER

OPERATOR:

_________________________________

Commr. of Public Works and Transportation

____________________________________

Name and Title

Approved by the Board of Acquisition and Contract of the County of Westchester at a meeting

duly held on _______________________.

Approved as to form and

manner of execution:

_________________________

Assistant County Attorney

The County of Westchester

C:d/cxx/for Hire car para 4.01.13

22


CERTIFICATE OF AUTHORITY

I, _________________________________________________________,

(Officer other than officer signing contract)

certify that I am the ___________________________________________________ of

(Title)

the ___________________________________________________________________

(the "Operator")

a Operator duly organized and in good standing under the (Law under which organized, e.g., the

New York Business Corporate Law) named in the foregoing agreement; that

__________________________________________________________________

(Person executing agreement)

who signed said agreement on behalf of the Operator was, at the time of execution

___________________________________________________________________

(Title of such person)

of the Operator and that said agreement was duly signed for and on behalf of said Operator by

authority of its Board of Directors, thereunto duly authorized and that such authority is in full

force and effect at the date hereof.

STATE OF NEW YORK )

ss.:

COUNTY OF WESTCHESTER)

_______________________________________

(Signature)

On this _______ day of _____________, 20__, before me personally came

_______________________________________________, whose signature appears above, to

me known, and known to me to be the ____________________________________of

(Title)

________________________________________________, the Operator described in and

which executed the above certificate, who being by me duly sworn did depose and say that

he/she, the said _______________________________ of said Operator resides at

______________________________________________________________________, and that

he/she signed his/her name hereto by order of the Board of Directors of said Operator.

___________________________________

Notary Public County


STATE OF NEW YORK )

ss.:

COUNTY OF WESTCHESTER)

OPERATOR ACKNOWLEDGMENT

(Operator)

On this _______ day of ________________, 2013, before me personally came

__________________________________ to me known, and known to me to be the

________________________________ of ___________________________________________, the

Operator described in and which executed the within instrument, who being by me duly sworn did

depose and say that he/she, the said ________________________________ resides at

_______________________________________________________________

and that he/she is _____________________________ of said Operator and that he/she signed his/her

name thereto by like order.

_________________________________

Notary Public

1


APPENDIX “C”

FOR SUCCESSFUL PROPOSER ONLY

Westchester County Vendor Direct Program Frequently Asked Questions

1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER (EFT)

ASSOCIATED WITH THE VENDOR DIRECT PROGRAM

There are several advantages to having your payments automatically deposited into your designated

bank account via EFT:

Payments are secure – Paper checks can be lost in the mail or stolen, but money deposited directly into

your bank account is more secure.

You save time – Money deposited into your bank account is automatic. You save the time of preparing

and delivering the deposit to the bank. Additionally, the funds are immediately available to you.

2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS

THEY WERE BEFORE VENDOR DIRECT

Yes.

3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT

Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays,

and legal holidays are not considered business days.

4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND

WHAT IT IS FOR

Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the

payment will be credited to your designated account. The e-mail notification will come in the form of a

remittance advice with the same information that currently appears on your check stub, and will contain

the date that the funds will be credited to your account.

5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED

Please contact your Westchester County representative as you would have in the past if there were a

discrepancy on a check received.

6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK

ACCOUNT ON THE DATE INDICATED IN THE E-MAIL

In the unlikely event that this occurs, please contact the Westchester County Accounts Payable

Department at 914-995-4708.

7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER

Whenever you change any information or close your account a new Vendor Direct Payment

Authorization Form must be submitted. Please contact the Westchester County Accounts Payable

Department at 914-995-4708 and we will e-mail you a new form.

8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM, WHY MUST I

HAVE IT SIGNED BY A BANK OFFICIAL IF I DON’T INCLUDE A VOIDED CHECK

This is to ensure the authenticity of the account being set up to receive your payments.

2

More magazines by this user
Similar magazines