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Report No:

Meeting Date:

Alameda-Contra Costa Transit District

STAFF REPORT TO: Operations Committee

AC Transit Board of Directors

FROM: David J. Armijo, General Manager

11-025a May 8, 2013

SUBJECT: Exercise of Option to CGR Consultants for the East Bay Paratransit Consortium (EBPC) Program Coordinator Office (PCO) Services

ACTION ITEM

RECOMMENDED ACTION(S):

Authorize the General Manager to exercise a two-year option for a fixed-fee contract with CGR Consultants for East Bay Paratransit Consortium (EBPC} Program Coordinator Services.

EXECUTIVE SUMMARY: The Program Coordinators Office (PCO) was created at the inception of the EBPC to: serve as a

neutral, central point of contact between AC Transit and BART, coordinate the activities of the paratransit program, prepare and analyze financial and detailed operating data, and oversee activities of the paratransit Broker.

This staff report reviews CGR Consultants' role providing East Bay Paratransit Consortium (EBPC} Program Coordinator Office (PCO) services; as well as the ways in which AC Transit, BART, and the region benefit from the services provided by the PCO.

The current contract with CGR Consultants expires on June 30, 2013.

BUDGETARY /FISCAL IMPACT: This fixed fee, two (2) year contract will total $580,617. Effective July 1, 2010, AC Transit's responsibility for funding PCO costs were reduced from 69 to 50 percent; therefore, the FY13-14 and FY14-15 AC Transit obligation will be $145,154 per year. Previous analysis has shown that these contracted services are being provided in a more cost-effective manner than if the work were to be brought in-house.

BACKGROUND/RATIONALE:

The Americans with Disabilities Act (ADA) requires all fixed route operators to provide "complementary paratransit service" to persons who are unable to use fixed route service due to a disability or disabling medical condition . AC Transit and BART chose to meet this federal requirement by forming the East Bay Paratransit Consortium (EBPC} to provide ADA mandated paratransit services in the agencies' overlapping service area. The Program Coordinators Office (PCO) was created at the inception of the EBPC to serve as a neutral, central point of contact between AC Transit and BART. The office coordinates the activities of both agencies' staffs, prepares financial and detailed operating data and oversees

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Report No. 11-025a Page 2 of 2

activities of the paratransit Broker. A summary of activities performed by the PCO is provided as Attachment 1.

The PCO has provided a real benefit in terms of acting as a central point of communication and oversight, and of supporting the effective participation of both agencies. It has provided a forum for the agencies' concerns and priorities, and has acted as single point of contact for consumers and other interested parties. The PCO focuses exclusively on EBPC issues and the PCO function is well received by both internal and external auditors as an effective method of providing checks and balances to the EBPC.

Although AC Transit holds the contract with the PCO, BART is a co-signator to the contract and supports the continuation of this critical function.

ADVANTAGES/DISADVANTAGES:

Staff will be coming to the Board later this month with a request to award a contract for Broker/Provider services for the EBPC. The advantage of the PCO is that they will be working closely with the agency staff to ensure that the new contract requirements, rates, vehicles, liquidated damages, invoicing, etc., are in place and compliant with the RFP terms and conditions.

ALTERNATIVES ANALYSIS:

With BART's approval, either BART or AC Transit could bring this function in-house. However, as indicated above, based on previous analysis, the cost to the EBPC would be far greater than the contracted costs and total over $400K per year. Additionally, the agencies would lose the benefit of an independent third party liaison to coordinate the functions of the EBPC.

PRIOR RELEVANT BOARD ACTIONS/POLICIES:

Approved GM Memo No. 11-025, dated January 19, 2011, authorization to award Contract to CGR Consultants for East Bay Paratransit Consortium (EBPC) Program Coordinator Services.

Approved GM Memo No. 10-027, dated January 20, 2010, authorization to release the RFP for East Bay Paratransit Consortium (EBPC) Program Coordinators Service.

ATTACHMENTS:

1: Program Coordinator's Office Responsibilities and Activities

2: Contract 2010-1139: Consultant Services- EBPC Paratransit Program Coordinator for the Period February 01, 2011 Through June 30, 2013

Department Head Approval: Robert del Rosario, Director of Service Development & Planning James Pachan, Chief Operating Officer

Reviewed by: Kenneth C. Scheidig, Interim General Counsel Lewis Clinton, Chief Financial Officer

Prepared by: Mallory Nestor-Brush, Accessible Services Manager

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Broker Oversight

Attachment 1 Paratransit Coordinators Office

SR 11-025a Attachment 1

• Review monthly operations data to analyze Broker performance, determine incentives and penalties.

• Audit fleet maintenance and driver training to ensure compliance. Participate and create summary reports on audit results for vehicle condition, age, and maintenance, lift function and condition, w/c tie down supply, and driver training and certification.

• Audit complaint response department for reasonableness of response and turnaround time.

Invoice Review • Review all Brokers and Provider invoices (80 to 85/year). Includes reconciling Broker payroll,

review of Broker direct costs, verification of Service Provider amounts and fuel invoices for accuracy and reasonableness.

• Verify monthly budget to actual report.

Reporting • Pr.epare monthly operations reports for agency and Broker staff. • Prepare quarterly report for SRAC distribution. • Prepare the quarterly performance reports submitted to the AC Transit Board. • Prepare quarterly performance graphs for BART. • Prepare the semi-annual operations and financial reports required by ACTA • Prepare end of year compliance reports • Maintain report definitions • Work with the Broker and StrataGen to refine existing reports and develop new ones as

necessary

Staff coordination and central record keeping • Facilitate coordination between Broker, AC, and BART staff on; meetings, service analysis

requests, and procedure changes. Conducted bi-weekly staff meetings, set agenda, and produce meeting notes.

• Maintain central files (manual and electronic) for all EBP documents. Includes staff memos, analysis, budgets and projections, ACTA and CCTA claims and reports, SRC/SRAC working papers, packages and minutes, contract and procurement documents, audits and invoices.

• Maintain all historical financial and operations data. • Respond to peer inquiries and surveys. • Maintain workplan task list.

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Ride reporter program (secret riders)

• Recruit, train, and supported 8 ride reporters. • Prepare periodic reports to staff on data collected.

Community outreach • Maintain a list of community meetings involving EBP staff and number of attendees. • Develop phone on-hold messages quarterly. • Respond to escalated complaints.

SRC/SRAC • Staff the SRC and SRAC meetings, including preparation of all agenda,

background/research/special reports and minutes. • Provide documents in accessible formats as requested. • Recruit new applicants, and made arrangements for interviews with the Nominating

Committee. • Prepare new member binders and conduct orientation and tour of the Broker offices. • Maintain SRAC member roster and panel assignments. • Maintain database for mailing of SRAC materials. • Organize SRAC participation for observation of driver sensitivity training. • Maintain database for mailing to social service agencies.

Budget and Finance • Develop service demand, productivity, and provider distribution and rate projections. • Prepare annual, two year, and ten year budget projections • Prepare year-to-date budget versus actual and contract not-to-exceed versus actual reports • Analyze cost impact of various service level and productivity changes • Prepare TDA, Measure B and Measure J claim materials including forms for prior year actual,

current year adjusted and next year budget amounts by line item, operating statistics, and service description narratives.

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"

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

CONSULTANT SERVICES- EBPC PARA TRANSIT PROGRAM COORDINATOR

SR 11-025a Attachment 2

CONTRACT 2010-1139

FOR THE PERIOD FEBRUARY 01, 2011 THROUGH JUNE 30, 2013

CONTRACT

THIS CONTRACT is made and entered into this 181 day of February 2011, by and between the Alameda-Contra Costa Transit District (referred to as "District"), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq. and CGR Management Consultants LLC, 407 Scenic Avenue, Piedmont, CA 94611 (referred to as "Contractor").

THE PARTIES AGREE AS FOLLOWS:

1. SCOPE OF SERVICES

Contractor shall furnish the District all services in full accordance with Request for Proposal No. 2010-1139 prepared and issued by the District entitled Consultant Services - EBPC Paratransit Program Coordinator dated October 15,2010.

2. COMPONENT PARTS

This Contract shall consist of the following documents, each of which is on file with the District, and is incorporated into and made a part of this Contract by reference:

A. B. c. D. E.

This Contract Request for Proposal No. 2010-1139 Contractor submitted proposal dated 15 November 2010 Contractor proposal revision number 1, dated 07 December 2010 Contractor proposal revision number 2, dated 23 December 2010 (final)

3. PERIOD OF PERFORMANCE

Services under this Contract shall commence upon award, and continue for a two year and five month (2 year, 5 month) base period. Contractor shall not be held liable for delays resulting from problems of scheduling on the part of the District. At the sole discretion of the District, the Contract may be extended unilaterally by the exercise of the priced option (2 year option period). The option shall be exercised in accordance with the prices proposed in the revised proposal dated 23 December 2010.

Page 1 of4

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

CONSULTANT SERVICES- EBPC PARATRANSIT PROGRAM COORDINATOR

CONTRACT 2010-1139

FOR THE PERIOD FEBRUARY 01,2011 THROUGH JUNE 30,2013

CONTRACT

4. CONTRACT PRICE

The District agrees to pay the Contractor in accordance with the submitted revised proposal dated 23 December 2010 in the total fixed dollar amount of six hundred seventy eight thousand, nine hundred seventy one dollars and zero cents ($678,971.00). This award amount shall be held firm for the two (2) years, five (5) month term of this Contract. The breakdown of contract amount is as follows: Labor arid Other fixed costs is six hundred nineteen thousand, two hundred twenty one dollars and zero cents ($619,221.00); Miscellaneous and other direct costs not to exceed fifty nine thousand, seven hundred fifty dollars and zero cents ($59,750.00). Invoicing will be submitted and payments will be issued in equal monthly amounts for Line Item 001 Labor and Other fixed costs: $21 ,352.45 ($619.221.00 divisible by 29 months). Invoicing and payments for Line Item 002 Miscellaneous and Other direct costs shall not exceed $59,750.00 for the two (2) year five (5) month duration of this Contract. Monthly, the submitted invoices in this category shall reflect only the miscellaneous costs actually incurred for any given month, accompanied by the actual receipts. The AC Transit Project Manager will maintain review and cumulative totals to ensure this procedure is followed.

AC ·Transit and BART have mutually agreed to a 50%/50% split of all invoices received and payment made for these services.

The District and the Contractor must mutually agree upon any adjustments in payment. Invoices for services performed shall be submitted by the Contractor to AC Transit Accounts Payable, P.O. Box 28507, Oakland, California 94604. Please reference the Contract Number and Purchase Order Number on all invoices. Failure to do so could delay payment.

5. NOTICES

Any notice which may be required under this Contract shall be in writing, shall be effective when received, and shall be given by personal service or by certified or registered mail, return receipt requested, to the addresses set forth below or to such other addresses which may be specified in writing by the parties to this Contract.

Page 2 of 4

113

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

CONTRACT 2010-1139

CONSULTANT SERVICES- EBPC PARA TRANSIT PROGRAM COORDINATOR

FOR THE PERIOD FEBRUARY 01, 2011 THROUGH JUNE 30, 2013

CONTRACT

DISTRICT: Procurement and Materials Director 10626 International Blvd. Oakland, California 94603

6. A HORNEY'S FEES

CONTRACTOR CGR Management Consultants 407 Scenic Avenue Piedmont, CA 94611

In the event that it becomes necessary for either party to bring a lawsuit to enforce any of the provisions of the Contract, the parties agree that the court having jurisdiction over such dispute shall have the authority to determine and fix reasonable attorney's fees to be paid to the prevailing party.

7. SEVERABILITY

If any provision of this Contract is declared void or unenforceable, such provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect.

8. BINDING EFFECT

All of the terms, provisions, and conditions of the Contract hereunder, shall be binding upon and inure the parties hereto and their respective successors, assigns, and legal representatives.

9. CONFLICT OF INTEREST

By signing this Contract, the Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this agreement. The Contractor further covenants that in the performance of this agreement no person having any such interest shall be employed by the Contractor, and that the Contractor receives no commissions or other payments from parties other than the District as a result of work performed hereunder.

Failure to comply with this provision serves as a basis for termination for default and the collection of any damages.

Page 3 of4

114

'1 • ' ,, •

AC TRANSIT DISTRICT PURCHASING DEPARTMENT

CONSULTANT SERVICES - EBPC PARA TRANSIT PROGRAM COORDINATOR

CONTRACT 2010-1139

FOR THE PERIOD FEBRUARY 01,2011 THROUGH JUNE 30,2013

CONTRACT

10. ENTIRE AGREEMENT

This Contract represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Contract, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

This Contract may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this agreement shall be void and of no effect.

IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below.

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT:

CGR MANAGEMENT LLC

'f-'/L-t #f:t) /1. /{ Ag,;;. P ~/( M V. Kin Date

~~5 o/.z~jZt»tl Mary Rowlands Date

Interim General Manager

Approved as to Form:

Page4of4

Owner

Concur:

Dorothy Duggar General Manager SAN FRANCISCO BAY AREA RAPID TRANSIT (BART)

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CGR Management Consultants LLC

1624 Franklin Street, Ste. 911 • Oakland, CA 94612 • Phone (510) 893-5949 • FAX (510) 893-5950

December 23, 2010

Sharon E. Dennis Purchasing Department AC Transit District 10626 International Blvd. Oakland, CA 94603

Dear Ms. Dennis:

Please find attached our second revision to our original cost proposal. Following your instruction we have reduced the first period in the base period to five months: February through June of 2011. The first option period costs are also included for completeness, but they have not changed since my letter dated December ih.

The excel spreadsheet documenting the direct cost breakdown is also attached.

Thank you,

Mary Rowlands CGR Management Consultants, LLC

This page intentionally blank 

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL 2010-1139

CONSULTANT SERVICES- EBPC PARA TRANSIT PROGRAM COORDINATOR FOR THE PERIOD January 01,2011 THROUGH JUNE 30,2013

ATTACHMENT NO.1 COST/PRICE PROPOSAL FORM

Offerors are requested to insert staff personnel titles, hourly rates and hours in the matrix below, in accordance with your approach to provide the proposed services. The current contract is for approximately 1.65 FTE annually that includes a combination of professional and administrative staff.

INVOICING INFORMATION

Invoicing will be submitted and payments will be issued in equal monthly amounts for Labor and Other Fixed Costs. Invoicing and payments for Miscellaneous Expenses shall reflect only the miscellaneous costs actually incurred for any given month accompanied by the actual receipts. The AC Transit Project Manager will maintain review and cumulative totals to ensure this procedure is followed.

BASE PERIOD: JANUARY 1, 2011 THROUGH JUNE 30, 2013 {2% YEARS)

LABOR CATEGORY & Unit Unit Rate Quantity Total other fixed costs:

M. Rowlands, Principal Hour $97.20 3,058.4 hours* $297,275 M. Grant Hour $75.20 3,058.4 hours* $230,019

Fee (9.0%) of $47,456 professional fees

Rent $44,470

Total Fixed Costs: $619,221

Direct Costs: Lump Sum

Materials, supplies, $59,750

miscellaneous expenses (detail on separate sheet)

Grand Total $678,971

*Professional hours are calculated using 5.5 hours per day for 46 weeks per year, or 1 ,265 hours per year for FY 11/12 and FY 12/13. Six weeks per year are not billed and are set aside for leave. For the five month period of February- June of 2011, professional fees are based on 5/12 of the projected annual hours.

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AC TRANSIT DISTRICT PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL 2010-1139

CONSULTANT SERVICES- EBPC PARA TRANSIT PROGRAM COORDINATOR FOR THE PERIOD January 01, 2011 THROUGH JUNE 30, 2013

ATTACHMENT NO.1 COST/PRICE PROPOSAL FORM

1"1 OPTION PERIOD: JULY 01, 2013 THROUGH JUNE 30, 2015 (2 YEARS)

LABOR CATEGORY & Unit Unit Rate Quantity Total other fixed costs:

M. Rowlands, Principal Hour $99.50 2,530 hrs.* $251,735 M. Grant Hour $77.50 2,530 hrs.* $196,075

Fee (9.0%) of $40,303 professional fees

Rent $40,204

Total Fixed Costs: $528,317

Direct Costs: Lump Sum

Materials, supplies, miscellaneous expenses $52,300 (detail on separate sheet)

Grand Total $580,617

*Professional hours are calculated using 5.5 hours per day for 46 weeks per year, or 1,265 hours per year. Six weeks per year are not billed and are set aside for leave.