TITLE
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN THE AMOUNT OF $208,343,635 FOR FIVE YEARS, OR $416,687,280 IF THE ONE FIVE-YEAR OPTION-TO-RENEW IS EXERCISED, WITH PARATRANSIT SPECIAL TRANSPORTATION SERVICES TO SUPER NICE STS, INC. D/B/A TRANSPORTATION AMERICA TO OBTAIN SPECIAL TRANSPORTATION SERVICES (STS) TO MIAMI-DADE TRANSIT, THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN, AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS. CONTRACT NO. RFP800

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the execution of an agreement in the amount of $208,343,635 for the initial five year term, or $416,687,270 if one five-year option-to-renew is exercised, with Super Nice STS, Inc. d/b/a Transportation America, in substantially the form attached hereto and made a part hereof, and authorizes the County Mayor or County Mayor�s designee to execute same for and on behalf of Miami-Dade County and to exercise any cancellation and renewal provisions and all other rights contained therein, and authorizes the use of Charter County Transportation Surtax Funds.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor
Subject: Recommendation for Approval to Award a Contract for Paratransit Special Transportation Services

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the award of contract RFP 800, Paratransit Special Transportation Services to Super Nice STS, Inc., dba Transportation America to provide Special Transportation Services(STS) for Miami-Dade Transit.

Some of the enhancement areas of this contract are as follows:

* Provision of a new vehicle fleet
* Requirement for stricter adherence to performance
* Provision of new technology and equipment to better track vehicle locations and improve verification of users
* Provision of on-based vehicle surveillance [CC(otM1]to improve customer safety and security

This contract award is placed for Committee review pursuant to Miami-Dade County Code Section 29-124(f). This contract award recommendation may only be considered by the Board if the Citizens� Independent Transportation Trust (CITT) has forwarded a recommendation to the Board prior to the date scheduled for Board consideration or 45 days have elapsed since the filing with the Clerk of the Board of this contract award recommendation. If the CITT has not forwarded a recommendation and 45 days have not elapsed since the filing of this award recommendation, I will request a withdrawal of this item.

Scope
This item is countywide in nature.

Fiscal Impact/Funding Source
The proposed contract allocation for the initial five-year contract term is $208,343,635. This amount is calculated as follows:

Vendor Trip Type Price Per Trip Estimated Number of Trips Estimated Cost
(Five Year Cost)Super Nice
Ambulatory$23.445,906,870$138,457,033 Non-Ambulatory$33.892,062,160 $69,886,602 Total $208,343,635 The cost per trip for ambulatory services on the proposed contract with Super Nice is $23.44, which is $1.14 per trip less than the current contract. Assuming an estimated 5,906,870 ambulatory trips, the County�s cost exposure for this service should decrease by $6,733,832 over the five-year contract term when compared to the current contract.

The cost per trip for non-ambulatory services on the proposed contract with Super Nice is $33.89, which is $1.23 per trip less than the current contract. Assuming an estimated 2,062,160 non-ambulatory trips, the County�s cost exposure for this service should decrease by $2,536,457 over the five-year contract term when compared to the current contract.

The combined cost avoidance to the County is $9,270,289 over the five-year contract term.

The funding sources during the initial term of the new contract are the General Fund (35.8%), People�s Transportation Plan (35.7%), State Transportation Disadvantaged Grant (12.6%), Fares and Fees (8.9%), and Formula Grant Section 5307 (7%). The contract also includes one, five-year option-to-renew period, which would bring the estimated cumulative contract value over a full ten-year period to be $416,687,727.

Track Record/Monitor
Hugh Chen, Deputy Director for Operations for Miami-Dade Transit Department is the contract manager. Fred Simmons, Jr. of the Internal Services Department is the Senior Procurement Contracting Officer.

Delegation of Authority
If this item is approved, the County Mayor or designee will have authority to exercise, at the Mayor�s discretion, contract modifications, subsequent options-to-renew and other extensions in accordance with the terms and conditions of the contract. MDT will issue the Notice to Proceed (NTP) allowing work to commence.

Vendor Recommended for Award
A Request for Proposals was issued under full and open competition in October 2011. The recommended contract award is being made to the firm who offered the lowest price, and, was also the highest ranked proposer.

Vendor Address Principal Super Nice STS, dba Transportation America 2766 NW 62nd Street
Miami, Florida Ray Gonzalez
Vendors Not Recommended for Award

Vendor Reason for Not Recommending First Transit Inc. This firm�s price offer was higher than the recommended firm. Professional Medical Transportation Deemed non-responsive by the County; see attached County Attorney�s Office opinion

Applicable Ordinances and Contract Measures
* The Disadvantage Business Enterprise (DBE) requirements of 49 Code of Federal Regulations[CC(otM2] Part 26 applied to this solicitation. The stated goal for participation by DBE firms is 12 percent.
* The two percent User Access Program provision will not apply as it is prohibited by federal procurement provisions
* Federal procurement provisions prohibit the application of geographic preferences, therefore Local Preference will not apply.
* The services being provided are not covered under the Living Wage Ordinance.

MANAGER'S BACKGROUND
Background
Special Transportation Services (STS) is provided as a public demand response paratransit service for people with disabilities, in compliance with the provisions of the United States Department of Transportation Americans with Disabilities Act (ADA) and, guided in part by the Florida Transportation Disadvantaged Program pursuant to Chapter 427, Florida Statutes. Currently, Miami-Dade Transit�s (MDT) STS include over 30,000 clients and approximately 5,500 daily weekday trips.

The Metropolitan Planning Organization for the Miami Urbanized Area has designated the County, as represented by MDT, as the Community Transportation Coordinator with the responsibility to coordinate activities and funding for transportation resources for individuals defined as transportation disadvantaged by the Florida Transportation Disadvantaged Program. The Contractor shall assist the County in its duties as the Community Transportation Coordinator by providing the Services on behalf of the County.

In October 2011, the County issued a solicitation (RFP No. 800) to secure a provider for STS. Proposals were received from three firms: First Transit, Inc. (First Transit), Professional Medical Transportation (PMT), and Super Nice STS, Inc. d/b/a Transportation America (Super Nice). As shown in the attached opinion from the County Attorney�s Office, the proposal from PMT was deemed non-responsive because the required �Buy America� certification form was not provided.

The two remaining proposals from Super Nice and First Transit were evaluated by the Evaluation/Selection Committee as detailed in the attached report of the Evaluation/Selection Committee dated August 31, 2012. The Super Nice proposal represents the lowest overall price to the County for ambulatory and non-ambulatory STS services, and was lower than First Transit by a total of�$14,567,247�for�the�five-year�term.

Once awarded, the Contractor will need time to mobilize its operations to ensure continuity of service to people with disabilities. Efforts required for the Contractor to become fully operational include: securing a fleet of new vehicles; purchase, install, and successfully test electronic equipment; Automated Vehicle Location/Global Positioning System (AVL/GPS); Mobile Data Terminals and long-range Radio Frequency Identification (RFID) card readers, as required by the contract; and secure personnel. This transition period is estimated to take up to four months. As referenced previously, a contract extension is in place, on a month-to-month basis for up to six months, through March 2013, to allow time for the successor contract to be awarded and a transition period for the new service provider.

Due Diligence

Due diligence was conducted in accordance with procurement guidelines to determine Contractor
responsibility, including verifying corporate status and compliance issues. The lists that were reviewed
include: convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal
excluded parties. Given the history of this contract and the inter-relationships of principals between the
current firm (Advanced Transportation Solutions � ATS) and the proposed firm, extensive background is
provided below for the Board�s consideration. The principal of Super Nice, the recommended firm, is the
same as the principal of ATS, the current provider. The findings related to Contractor responsibility are
outlined below. This information is being provided pursuant to resolution R-187-12.
* Each individual entity of the recommended contractor (Super Nice, Transportation America, ITransport Services, and Minority Mobile Systems, Inc.) was researched through the Florida Division of Corporations, County, and State of Florida reporting systems. Additionally, Super Nice and Transporation America were also researched through the Dun & Bradstreet business reporting system. Management, ownership, and office location data was consistent and favorable. All are active companies registered in the State of Florida.
* The current provider, ATS, and the County, have settled all previous claims arising from various closed investigations of the Miami-Dade Police Department (MDPD) and previous audits conducted by the Audit & Management Services Department (AMS) as described below:

In January 2010, MDPD arrested 16 individuals employed by subcontractors to ATS for criminal activities related to fraudulent trips billed from March 3, 2004 to July 14, 2007. None of the 16 individuals arrested were principals of ATS or Super Nice, or any of their subcontractors. ATS reimbursed the County the value of the fraudulent trips. Additionally, the County and ATS settled all claims for liquidated damages during the relevant time period for $300,000. AMS advised Miami-Dade Transit (MDT) in December 2010 that a review of the MDT STS Division client database disclosed ATS billed MDT for 759 trips taken by 100 deceased clients after their deaths between March 1, 2004 and September 30, 2009. On January 20, 2011, ATS reimbursed the County $22,544 for all the unauthorized billings.
* A recent audit of ATS subcontractor billings and compliance has revealed that approximately 8,348 verifiable trips were billed at the higher non-ambulatory rate instead of the lower ambulatory rate. These findings represent that ATS may have overcharged the County approximately $83,000. It is important to note that ATS has not had an opportunity to respond to these findings and therefore it would be premature to represent these findings as final. The amounts in question equates to less than 1/10 of 1% of the amount billed for the time period reviewed by AMS. To date, AMS has no evidence that the billing errors were intentional. The audit has also determined that additional MDT management controls of the STS contract should be put into place. Such controls include enhancing automated system controls used to report transportation activity, and closer monitoring of trips billed by the vendor, which will be implementing by MDT for this contract.
* It should be noted that the recommended contract requires vendor compliance with audit efforts by the County, to provide reports that assist in ensuring billing is correct, provide for the use of new technology for added security and accountability measures, tracking of on-time performance, trip activity, and surveillance of driver and passenger behavior.

To date, the current provider and their subcontractors have been cooperative in resolving all outstanding issues while continuing to provide this valuable service.

As previously reported to the Board via memoranda (attached) dated December 2, 2011 and August 28, 2012 as well as the recently approved extension item on September 18, 2012, we have taken every step to keep the Board abreast of the current contract and this solicitation. The County is required to provide this service. I have directed Miami-Dade Transit to aggressively monitor this contract once awarded.


______________________________
Alina T. Hudak
County Manager/Deputy Mayor