REQUEST FOR PROPOSALS (RFP) RFP# 01-0113 GRANTS COMPLIANCE CONSULTANT Full Access and Coordinated Transportation (FACT) Inc. 600 Mission Avenue, Oceanside, CA 92054 Arun Prem, Executive Director (760) 754-1252 Key RFP Dates Issue Date: January 8, 2013 Submit all questions by: January 15, 2013 Submit final proposals by: January 22, 2013 Interview Date (may be conducted by phone): January 29, 2013 1
TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS p.3 OVERVIEW p.3 SCOPE OF WORK, DELIVERABLES, AND TIMELINE p.4 QUALIFICATIONS AND COMPETENCIES p.5 ATTACHMENT A FACT Summary of Grants p.7 ATTACHMENT B FTA Certifications and Assurances p.8 ATTACHMENT C Language Assistance Plan (draft) p.9 ATTACHMENT D Title VI & Complaints Procedure p.13 ATTACHMENT E JARC New Freedom Civil Rights Assurances p.15 ATTACHMENT F EEOP p.19 ATTACHMENT G DBE p.20 2
NOTICE OF REQUEST FOR PROPOSALS RFP# 01-0113 Interested proposers, GRANTS COMPLIANCE CONSULTANT Full Access & Coordinated Transportation (FACT) is seeking consultant assistance to prepare a comprehensive compliance plan, including reports and forms, as required under its federal, state, and local grants. The Consultant will be responsible for establishing the compliance program and providing a variety of grant related compliance services in accordance with grant requirements for a limited period during which all activities will be transitioned to FACT staff. 1 OVERVIEW 1.1 - DESCRIPTION OF FACT SERVICES FACT is a public transportation service that serves as a ONE STOP mobility center for San Diego County. FACT brokers transportation requests that fill the gaps of existing transportation services. Below are descriptions of FACT services: Brokerage When an existing transportation provider in San Diego County cannot meet the need of a customer, FACT will purchase the trip through its brokerage of providers and offer it to riders at a subsidized rate. Currently, the brokerage has six transportation providers, including two non-profits. RideFACT a senior dial-a-ride service, available for travel in all cities in San Diego; includes MedRIDE, a low-cost transportation for seniors to medical related services (beginning early 2013); both are funded by the TransNet Senior Mini-Grant Program. MedAccessRIDE - low-cost transportation for individuals with disabilities to medical related services (beginning early 2013); funded by the New Freedom grant program. Veterans Mobility A collaborative effort between the San Diego Association of Governments (SANDAG), 211, and FACT, the ONE STOP mobility center will address mobility needs of veterans, active duty servicemen and women, and their families (beginning early 2013); funded by the Veterans Transportation Community Living Initiative (VTCLI) grant. 3
1.2 - DESCRIPTION OF FACT GRANTS The current funding is a mix of federal, state, and local grants, as well as in-kind resources. The nature of the grants requires full compliance of federal, state, and local statutes. Below are the types of grants FACT has been awarded: State Transportation Development Act (TDA) Article 4.5 - As the Consolidated Transportation Services Agency (CTSA) for the San Diego region, FACT receives an annual allocation of funds to coordinate community transportation services. Federal Transit Administration (FTA) New Freedom (5317) Federal grant funds awarded through a competitive process facilitated by SANDAG (urbanized area) or Caltrans (rural/nonurban areas) for transportation for persons with disabilities; FACT has received this grant for mobility management, operating, and capital projects in the urbanized and rural/nonurban areas of San Diego County. Federal Transit Administration (FTA) 5310 Federal grant funds for elderly and disabled specialized transit programs; FACT has received a capital grant for the procurement of seven (7) small buses. TransNet Senior Mini-Grant Local grant funds generated through a voter-approved sales tax measure for specialized transportation for seniors 60 years and older; FACT has received this grant for operating projects. For a more detailed listing of grants, refer to Attachment A. 2 SCOPE OF WORK, DELIVERABLES, TIMELINE, AND RATE 2.1 - SCOPE OF WORK The Consultant will develop the Compliance Program, plans and procedures, develop reporting forms and timelines, and obtain certifications as needed in, but not limited to, the following sample areas: o FTA Assurances and Certifications (Attachment B) o Accident response and reporting (as it pertains to a transportation brokerage) o Language Assistance Plan (Attachment C) o Title VI and Civil Rights Assurances (Attachment D) o Non-discrimination information reporting (elderly, persons with disabilities, wheelchair/lift users, clients considered LEP, low-income, and persons that identify a national origin, etc.) (Attachment D) o Non-discrimination policy and Complaints Procedure (Attachment E) o Equal Employment Opportunity Program (EEOP) Certificate of Compliance (Attachment F) o Disadvantaged Business Enterprise (DBE) certification (Attachment G) 4
2.2 - DELIVERABLES The following deliverables should be included under the Proposer s scope of work and timeline: 1) Provide a comprehensive compliance plan covering all grants and applicable compliance areas 2) Complete a set of reports for all reporting requirements 3) Develop detailed procedures for ongoing data collection and reporting activities 4) Draft timelines for grant compliance for the next 5-year period 5) Coordinate a minimum of two (2) meetings with FACT staff Proposers should include a statement of project understanding including, but not limited to, clear descriptions of work elements and deliverables, milestones, as well as a timeline. All applicable grants and compliance requirements must be met in the final deliverables. 2.3 - TIMELINE Proposers should present a clear scope of work, deliverables, and estimated hours needed to determine an appropriate timeline. 2.4 RATE FOR SERVICES Proposers should present a rate for services appropriate to the qualification level and within the scope of work, milestones, deliverables, and timeline. Proposers also may present an hourly rate for ongoing compliance services that may be requested on-call by FACT over the next 5 years. 3 - QUALIFICATIONS AND COMPETENCIES Proposers for Grants Compliance Consultant should possess functional knowledge of federal, state, and local requirements for FTA-funded transportation brokerage programs. Direct professional experience with the transportation grant programs described above is required along with at least three (3) professional references. 5
RESPONSES Please submit questions to Oswaldo Perez, Grants Analyst at operez@factsd.org by 5:30 p.m. on Tuesday, January 15, 2013 with the subject line Grants Compliance Consultant Question (your name) Final proposals (one original and one copy) must be delivered in person or by mail at or before 4:00 p.m. on Tuesday, January 22, 2013 to the following address: Full Access and Coordinated Transportation, Inc. (FACT) 600 Mission Avenue Oceanside, CA 92054 The Consultant proposal should bear the Consultant s name and address, marked as follows: RFP 01-0113: Grants Compliance Consultant STATEMENT OF REVIEW By submitting a proposal, the Consultant acknowledges that he/she has thoroughly reviewed and become familiar with the work required under this RFP and is capable of performing quality work to achieve FACT s objectives. ADDENDA Any modifications or clarifications to the requirements will be made by FACT through a written addendum to this RFP. Any written addenda issued pertaining to this RFP will be incorporated into the terms and conditions of any resulting Consultant Agreement. FACT will not be bound to any deviations from the requirements in this RFP as the result of oral instruction. Any new requirements arising from MAP-21 regulations that are introduced during the term of this project will be considered a part of the scope of work and the required deliverables, if any, will be prepared using the same hourly rate. 6
FACT - Summary of Awarded Grants and Funds - December 2012 GRANT PROGRAM NAME TOTAL FUNDING GRANT MATCH PURPOSE SERVICE AREA PROJECT TYPE URBAN/ RURAL New Freedom 2006 STRIDE website $133,759 $107,007 $26,752 STRIDE database, develop brochure, survey, evaluate software and call center San Diego County Mobility Management U New Freedom 2007 Mobility Management $1,060,326 $836,639 $210,000 $991,160 $450,686 $540,474 New Freedom 2008 Mobility Management RideFACT (senior ride reimbursement) FY09 $33,600 $24,000 $6,000 TransNet Senior Mini Grant 2009 RideFACT (senior ride reimbursement) FY10 $60,000 $42,240 $10,560 RideFACT (senior ride reimbursement) FY11 $84,600 $59,040 $14,760 New Freedom 2010 (Match FY12) MedRIDE $50,000 $50,000 New Freedom 2010 (Match FY13) MedRIDE $50,000 $50,000 Senior Mini Grant 2010 (Grant FY12) MedRIDE $200,000 $200,000 Senior Mini Grant 2010 (Grant FY13) MedRIDE $200,000 $200,000 Mobility management, provide coordination among providers, expand staff capacity, market one-call center San Diego County Mobility Management U and R Mobility management, provide coordination among providers, expand staff capacity, San Diego County Mobility Management U and R market one-call center Subsidize rides for seniors for medical and shopping trips, mobility management North County Pilot Project Area (Del Mar, Solana Beach, Encinitas, Carlsbad, Oceanside, Vista, San Marcos, Escondido) Operating Brokered transportation service to nonambulatory/persons with disabilities (<20%) for San Diego County Mobility Management U Brokered transportation service to seniors (80%+)for non-emergency medical appointments San Diego County Operating U and R R New Freedom FFY 11-12 (Cycle 6) New Freedom FFY 11-12 (Cycle 6) Enhance service in rural areas $200,000 $160,000 $40,000 Enhance service in rural areas $115,000 $92,000 $23,000 Mobility Management, enhance service in rural areas for persons with disabilities. Rural Capital Vehicle + Other Equipment: 2 vans, 2 base stations, 2 mobile radios, 2 glove compartments; Vans will serve outside the 3/4 mile fixed-route radius. Fallbrook, Lemon Grove, Rancho Santa Fe, Santee, Valley Center, Escondido, Rancho Bernardo, San Diego County Mobility Management R Fallbrook, Lemon Grove, Rancho Santa Fe, Santee, Valley Center, San Diego County Capital R FTA 5310 - FY 2010-11 Transportation for Individuals with Disabilities $315,000 $278,870 $36,130 Senior Mini Grant 2010 (Match) $9,000 $9,000 New Freedom 2010 (Grant) $36,000 $36,000 7 small buses leased to Sol Transportation for seniors and persons with disabilities San Diego County Capital U Purchase minivan and lease to Sol Transportation Capital Mobility Management Senior Mini Grant 2010 (Match) and MedAccess RIDE $56,000 $56,000 Provide medical trans. to persons w/ disabilities. Present training and workshops. North County Inland, North County Coastal Mobility Management New Freedom 2010 (Grant) $224,000 $224,000 Provide medical trans. to persons w/ disabilities. Improve mobility management center. U and R New Freedom 2011 Mobility Management and Brokerage $200,000 $160,000 $40,000 Mobility Management, enhance service in urban areas for persons with disabilities. San Diego County Mobility Management U New Freedom 2011 MedAccessRIDE $112,707 $112,707 TOTAL $4,131,152 $3,083,189 $1,012,676 Partially approved. Can only support 2 of 5 vehicles from available funding. North County Inland, North County Coastal Capital U CTSA 2009-10 TDA 4.5 Allocation $92,518 CTSA 2010-11 TDA 4.5 Allocation $95,000 CTSA 2011-12 TDA 4.5 Allocation $108,703 CTSA 2012-13 TDA 4.5 Allocation $110,848 TOTAL $407,069 1/3/2013 7
Preliminary Overview of FTA Requirements, Assurances, and Certifications Include FTA Assurances in Contracts/ Subcontracts FTA Requirement/Group(s) N/A (at this time) Signed Certifications Develop Policy/Procedure 1. Assurances Yes 2. Lobbying Yes Yes Yes 3. Procurement Compliance Yes Yes Yes 4. Protections for Private Transportation Providers Yes Yes Yes 5. Public Hearing Yes Yes Yes 6. Acquisition of Rolling Stock for Use in Revenue Service Yes Yes 7. Acquisition of Capital Assets by Lease Yes Yes Yes 8. Bus Testing Yes Yes 9. Charter Service Agreement Yes Yes Yes 10. School Transportation Agreement Yes Yes 11. Demand Responsive Service Yes Yes Yes 12. Alcohol Misuse and Prohibited Drug Use Yes Yes Yes Yes 13. Interest and Other Financing Costs Yes Yes Yes 14. Intelligent Transportation Systems Yes Yes Yes Yes 15. Elderly Individuals and Individuals with Disabilities Formula Grant Program Yes Yes 16. Non-Urbanized Area Formula Program for States Yes Yes 17. JARC Yes Yes Yes Yes 18. New Freedom Program Yes Yes Yes Yes Other FTA Requirements Yes Debarment and Suspension Yes Yes Buy America Yes Yes Yes Title VI Yes Yes Yes Maintenance Equipment Yes Yes Yes Yes Vehicles Yes Yes Yes Yes DBE Yes Yes Develop & Implement Program 8
Language Assistance Plan DRAFT December 2012 9
EXECUTIVE SUMMARY - Summary of Plan - Policy Statement PURPOSE This Language Assistance Plan is intended to be a primer on Limited English Proficiency (LEP) and present an overview of requirements, policies, and practices for FACT to provide effective, equitable, and respectful transportation/mobility services. As a recipient of federal funds, FACT is required to take reasonable steps to ensure meaningful access to their programs and activities by persons that identify as LEP. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment of customers that considers four (4) main LEP factors 1 : 1) The number or proportion of LEP persons eligible to be served or likely to be encountered by FACT programs, services, and activities 2) The frequency with which LEP individuals come in contact with FACT programs, services, and activities. 3) The nature and importance of the program, activity, or service provided by the program to people s lives; and 4) The resources available to the grant/recipient or agency, and costs. The intent of this Plan is to find a balance that ensures meaningful access to critical services to LEP persons without imposing an undue burden. What does the term LEP mean? LEP is an acronym for limited English proficiency/proficient. The U.S. Census Bureau s operational definition for LEP is an individual s self-assessed ability to speak English less than very well. According to 2010 American Community Survey data, over 232,000 individuals in San Diego County over the age of five speak English less than very well, accounting for eight percent of the overall County population. There are several relevant laws concerning language access for LEP individuals. Federal laws particularly applicable to language access include: (1) Title VI of the Civil Rights Act of 1964, and the Title VI regulations, prohibiting discrimination based on race, color, or national origin, and (2) Executive Order 13166, which states that LEP individuals should 1 San Diego Association of Governments (SANDAG) Language Assistance Plan. April 2012 10
have meaningful access to federally funded programs and activities. Additional provisions requiring language services for LEP individuals are derived from the San Diego Association of Governments (SANDAG) Language Assistance Plan. How are LEP customers identified by FACT? A customer may be identified as LEP by: FACT mobility coordinators ask What is your preferred language? Individuals who self-identify as speaking English less than very well are offered language assistance when inquiring about transportation services. However, because selfassessment is subjective, FACT staff is aware that customers who self-identify as English speakers may find transportation encounters challenging. Customers also may require language assistance to understand unfamiliar transportation concepts and terminologies. During the transportation referral, if a customer inquiring about services: (1) Asks very few questions; (2) simply says yes in response to your questions or comments; or (3) gives inappropriate or consistent answers to questions, FACT staff will verify their understanding by asking them to explain back what was discussed. LEP customers are noted in the referral call log. How do language barriers affect quality of service and safety? Individuals with LEP face a great risk for miscommunication during the referral and trip planning processes. Miscommunication between a customer and mobility coordinator may result in delayed transportation information, delayed trip requests, misunderstanding of transportation services, and lack of follow-through by the customer. Furthermore, miscommunication can reduce trust and confidence in the transportation services which may result in: lower customer satisfaction, lack of customer s willingness to ask questions. Existing Practices to assist LEP customers FACT currently utilizes the following language assistance practices for LEP customers: Telephone service line interpreter for 150 languages (provided in coordination with 2-1-1) Bilingual staff (English/Spanish) 11
Spanish-language answering machine message with prompts Spanish-language marketing materials LEP as a rider classification category in trip and referral logs to prompt mobility coordinators and for reporting LEP statistics. Emerging Technologies and Benchmark Practices to further assist LEP customers As the FACT call volume continues to grow, it may encounter more linguistically diverse customers. With sufficient and appropriate funding support, the following language assistance could be considered to further accommodate LEP customers: Oral interpretation services o Voice-activated translation software o Trained on-site interpreter Written translation services o Google Translate integration to website Notices to brokerage providers, CAM, TAC, and ARS of the availability of LEP services Referrals to community liaisons proficient in the preferred language of LEP persons Staff trainings to refine communication skills across cultures and improve cultural competency 12
Title VI FACT is committed to providing programs, services, and benefits to its customers in a nondiscriminatory manner in accordance with federal, state, and local mandates which govern its funding. FACT also holds the transportation service providers in its brokerage to these standards of conduct. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs receiving federal financial assistance. Any person who believes that individually, or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, or national origin as noted below may file a written complaint with FACT, 600 Mission Avenue, Oceanside, CA 92054. Every possible effort will be made to obtain early and appropriate resolution of complaints. Complaints Procedure 1. The complaint must meet the following requirements: a. Complaint shall be in writing and signed by the complainant(s). In cases where Complainant is unable or incapable of providing a written statement, a verbal complaint may be made. All complaints must, however, be signed by the Complainant or his/her representative. b. Include the date/s of the alleged act/s of discrimination. c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint. d. Federal and state law requires complaints be filed within 180 calendar days of the alleged incident. 2. Upon receipt of the complaint, the Service Planner will determine the merit of the complaint, jurisdiction, accountability, and need for additional information. If resolution is not obtained through the Service Planner, the complaint will be elevated to the FACT Executive Director. 3. The Complainant will be provided with a written acknowledgement that FACT has either accepted or rejected the complaint. 4. A complaint must meet the following criteria for acceptance: a. The Complaint must be filed within 180 calendar days of the alleged occurrence. b. The allegation must involve a covered basis such as race, color, or national origin. c. The allegation must involve a FACT service receiving Federal-aid and provided by FACT or contractor. 13
5. A complaint also may be dismissed for the following reasons: a. The Complainant requests a withdrawal of the complaint. b. The Complainant fails to respond to repeated requests for additional information needed to process the complaint. c. The Complainant cannot be located after reasonable attempts. The Service Planner and/or Executive Director will make a determination on the disposition of the complaint. FACT may consult with its Board of Directors and/or legal counsel. In the event FACT is in noncompliance with Title VI regulations, remedial actions will be listed. A copy of the complaint, FACT's findings, and remedial actions (if appropriate) will be issued to FTA within 120 days of the receipt of the complaint. A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA. The Executive Director will ensure that all records related to FACT's Title VI Complaint Process are maintained with agency records. Records will be available for compliance review audits. 14
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