Agreement for Provision of Public Transit Services

and Certification of ADA Eligible Passengers

 

 

 

This Agreement is made this _____ day of ___________, 2008 by and between MV Transportation, Inc., a California Corporation, hereinafter referred to as “Contractor” and the City of Lawrence, Kansas, hereinafter referred to as “CITY”.

 

WHEREAS, CITY issued a Request for Proposal (hereinafter “RFP”) for Public Transportation Services on January 21, 2008, and

 

WHEREAS, Contractor responded by submitting a proposal (hereinafter “Proposal”) dated March 17, 2008, and

 

WHEREAS, Contractor has the technical expertise necessary to manage and operate CITY’s transportation system, and

 

WHEREAS, CITY desires to contract with Contractor to operate its transportation system,

 

NOW THEREFORE, CITY and Contractor do hereby agree as follows:

 

A.1                  TERM.  The term of this Agreement shall be from January 1, 2009 to December 31, 2013, inclusive.

A.1.1      SCOPE OF WORK.  The Scope of Work is contained in Part IIA of the RFP, as revised by addendum, attached hereto and incorporated herein.  The Scope of Work shall constitute all of the work to be provided by Contractor under the terms of this Agreement.

A.2                  COMPLETE AGREEMENT.  This Agreement incorporates by reference the City’s RFP and Contractor’s Proposal, and contains the entire understanding between the parties.  Any prior agreement or understanding, whether oral or written, shall be invalid upon execution of this Agreement.

A.3                  CHANGES.  Changes to this Agreement shall be effective only upon written agreement between the parties.  Each change to this Agreement shall be sequentially numbered as a change order hereto and signed by authorized representative(s) of the CITY and Contractor.  Change orders shall only amend the specific portions of this Agreement as written in the change order and shall not change any other portion of this Agreement.

A.4                  CONSIDERATION.  In consideration of Contractor’s provision of service as described herein, CITY shall pay Contractor an amount per revenue vehicle service hour plus a fixed monthly rate during the term of this Agreement.  A revenue vehicle service hour is defined as the time from the vehicles first scheduled stop of the service day to its last drop off point, including layover time.  A revenue vehicle service hour shall exclude travel time to and from storage facilities, fueling, all driver rest and lunch breaks, training, road tests, vehicle breakdowns and deadhead.

A.4.1      RATES.  During the term of this Agreement, the following rates shall apply:

Contract Period

Rate / Revenue Hour

Variable)*

Rate Per Service Month

(Fixed)

01/01/09 to 12/31/09

$30.77

$72,291

01/01/2010 to 12/31/2010

$31.93

$75,307

01/01/2011 to 12/31/2011

$33.12

$78,284

01/01/2012 to 12/31/2012

$34.50

$81,373

01/01/2013 to 12/31/2013

$35.99

$84,490

*rate does not include fuel.

Note:  The rates identified herein are subject to change pending the results of the six-month cost allocation review between the CITY and the University of Kansas, to take place on or about June 1, 2009, and thereafter on an annual basis, provided such cost allocation does not inure to the detriment of Contractor and subject to Contractor's mutual agreement to the rate change. 

A.4.2      FUEL.  The Contractor shall be responsible for fueling service vehicles daily.  Based on current level of service of 67,018 hours, approximately 170,000 gallons of fuel are consumed annually by revenue service and non-revenue service vehicles. 

The Contractor agrees to use the type of fuel, grade and blend as outlined in Section 3.7 of Part II A – City Scope of Work, Request for Proposal No.  R08001, issued January 21, 2008. 

The Contractor agrees to bill the cost for fuel for all service vehicles to the CITY directly. 

The Contractor agrees to fuel vehicles at fuel pumps owned by the CITY provided doing so will not result in an increase in time service vehicles are out of service.  Contractor shall reasonably cooperate with the CITY in the use of CITY fueling facilities.  In the event that using fuel pumps owned by the CITY would result in an increase in time service vehicles are out of service, Contractor agrees to fuel vehicles at a designated location, approved by the CITY, and to bill the CITY directly for the cost of fuel.  

Contractor will separately invoice the CITY for fuel on a bi-monthly basis.  Invoices will include an itemized listing of the quantity of fuel dispensed as well as day and time of fueling for each service vehicle. 

A.4.3      RATE ADJUSTMENTS.  The CITY or Contractor may request immediate re-negotiation of rates contained in Section A.4.1 of this Agreement in the event of the following occurrences during the term of this Agreement or any extensions thereof:

A.4.3.1           An increase or decrease in the number of revenue vehicle service hours provided in the RFP of 10% or more.  The RFP estimates that 42,980 fixed route revenue hours and 24,038 ADA paratransit revenue hours.

A.4.3.2           An increase in the government mandated minimum wages or payroll taxes applicable to employees of Contractor that was unknown to Contractor when it submitted its Proposal to CITY.

A.4.3.3           Changes in laws or regulations adopted by Federal, State, Regional or Local governmental bodies that result in increases or decreases in Contractor’s operating costs.

A.4.3.4           In the event of a Contractor cost increase or decrease as described in this Section, Contractor shall notify CITY in writing of the cost increase or decrease and Contractor and CITY shall meet to negotiate a change to Contractor’s rates herein.

A.4.4      PENALTIES.  Any penalties imposed by CITY shall be deducted from Contractor’s invoice for the period(s) in which they occurred.  Penalties are listed on Attachment 1. 

A.4.5      INCENTIVES.  Any incentives earned by the Contractor will be added to Contractor’s invoices for the period(s) in which they occurred.  Incentives are listed on Attachment 1. 

A.5                  PROGRESS PAYMENTS.  Contractor will be compensated utilizing progress payments.  45% of estimated monthly invoice will be paid on the 16th (for service provided 1st – 15th) and first day or each month (for service provided 16th – to end of month).  The 45% will be an agreed upon figure between Contractor and CITY.

A.6                  INVOICES.  On or before the 10th of each month, the Contractor will submit an invoice for previous month’s service.  The two (2) progress payments will be shown as credits. 

A.7                  PAYMENT TERMS.  CITY shall pay Contractor within 30 days of receipt of Contractor’s invoice.

A.7.1      DISPUTED INVOICES.  In the event CITY disputes any portion of Contractor’s invoice, CITY shall notify Contractor in writing within fourteen (14) days of receipt of Contractor’s invoice.  CITY shall pay the undisputed portion of the invoice within thirty (30) days of receipt of Contractor’s invoice.

A.7.2      DISPUTE RESOLUTION.  Contractor and CITY shall meet within fourteen (14) days of Contractor’s receipt of CITY’s notice of a disputed invoice to negotiate a resolution to the dispute.  In the event Contractor and CITY cannot resolve the dispute through negotiation, then either party may seek remedies as prescribed by state law.

A.8                  FORCE MAJEURE. Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood, or strike; acts of God; acts of the Government; war or civil disorder; violence or the threat thereof; severe weather; commandeering of material, products, plants, or facilities by the federal, state, or local government; national fuel shortage; or a rational act or omission by the other party, when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is beyond the reasonable control of, and is not due to the fault or negligence of, the party not performing.

A.9                  AUDIT.  The records, books, documents, data, and accounting and operating procedures of Contractor as it related specifically to the performance of this Agreement are subject to audit and examination by the CITY or its representatives, the Secretary of Transportation and the Comptroller General of the United States, or their duly authorized representatives until the expiration of five (5) years from the date of final payment under this Agreement.  Such audit shall be conducted after reasonable notice to Contractor and at Contractor’s accounting center where such records are maintained.

A.10              FARES.  Contractor shall collect fares from passengers of the service at rates established by CITY.  CITY assigned courier service shall pick-up vaults and deliver to a CITY assigned bank.  All fare revenue is property of CITY.

A.11              INSURANCE.  During the term of this Agreement, Contractor agrees to provide insurance of the type and in the amounts described in Part I – General Conditions, Section 5.  Special Conditions of the RFP.  Prior to the start of work under this Agreement, Contractor shall provide CITY with proof of insurance as required herein.

A.12              TERMINATION.  This Agreement may be terminated by either party under the following conditions:

A.12.1       If either CITY or Contractor fails to fulfill their respective obligations under this Agreement, the other party may serve written notice of the failure to perform. In the event the party failing to perform does not correct its performance or make substantial progress to correct its performance within fifteen days of receipt of said notice, then the other party may immediately terminate performance of the work under this Agreement in whole or in part for cause.  Contractor shall be paid for all work satisfactorily completed prior to the effective date of such termination. 

A.12.2       CITY may terminate performance of the work under this Agreement in whole or in part for convenience by notifying the Contractor in writing of the date of termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of such termination and furthermore shall be paid its contract close out costs involved in effecting such early termination.

A.12.3       Close out costs are defined as all reasonable costs reimbursable under this agreement, not previously paid, for the performance of this agreement before the effective date of the termination, and those costs that may continue for a reasonable time with the approval of or as directed by the CITY; however, the Contractor shall discontinue those costs as rapidly as practicable.

A.13              CONTRACTORS WARRANTIES.  Contractor grants the City the following warranties during the term of this Agreement:

A.13.1       In the event City is dissatisfied with Contractor’s service for any reason during the term of this Agreement or any extension thereof, the City may terminate this Agreement pursuant to either Section A.12.1 or A.12.2 herein.  In this event, Contractor shall refund to City any net profits earned by Contractor in the twelve month period immediately preceding the date of termination. 

A.13.2       Contractor warrants that it will not relocate or reassign the Contractor’s General Manager to any other position or location of the Contractor during the term of this Agreement or any extension thereof without the prior written permission of City.

A.13.3       In the event Contractor or its employees commit an error in operations which results in an inconvenience to a passenger, Contractor will offer to said passenger a coupon to either (a) obtain a refund of the fare paid for his or her trip or (b) to take the next trip on the transit system at no charge.  Contractor shall maintain records of coupons issued.  In the event the passenger requests a refund, Contractor will send a check to said passenger.  In the event the passenger elects to receive the next trip free, Contractor shall reimburse City the cost of the lost fare revenue for providing said free trip.

A.14              CROSS-HIRING.  Contractor and CITY agree that during the term of this Agreement, and for a period of one year following the termination thereof, the CITY shall not hire an employee or former employee of the contractor without their written approval.  The term “former employee” used in this provision shall mean employees who have separated their employment within the prior twelve months.

A.15              ORDER OF PRECEDENCE.  In the event of conflicting language between the various portions of this Agreement, the following order of precedence shall apply:  Change Orders to this Agreement, this Agreement, the RFP and the Proposal.

A.16              VEHICLES, VEHICLE LICENSES, FEES AND TAXES.  CITY shall be responsible for providing all of the revenue vehicles required to operate the service, all vehicle licensing, motor vehicle fees and taxes, if any, on the vehicles the CITY provides under this Agreement.  The CITY may at its sole discretion acquire or lease vehicles to comply with the requirements of this contract. 

A.16.1 Vehicle Replacement.  The CITY may at its sole discretion decide to replace vehicles with smaller sized and profile vehicles as the CITY determines appropriate.  In the event the CITY replaces vehicles with smaller sized and profile vehicles, the Contractor may assess and renegotiate portions of this agreement that pertain to maintenance costs. 

A.16.2    Major Repairs to vehicles unrelated to accidents. Upon execution of the Agreement and through the second anniversary of the date of execution of the Agreement, major repairs not resulting from accidents, to the engine, transmission, HVAC systems or other major systems (excluding body damage) of the vehicles required to operate the service, where the necessary parts to repair a vehicle exceed $1,000, according to the coach manufacturer’s current parts price list, shall be completed by the Contractor, or the Contractor’s repair service provider, upon the CITY’S written approval.  The CITY shall pay the costs of said parts, or at its sole discretion, the CITY may acquire the necessary parts and provide them to Contractor for installation.  The Contractor shall be responsible for ensuring the parts are installed in a professional manner and in conformance with the manufacturer’s specifications and shall pay for the cost of the labor and related costs for installation of the part or parts.

For the remaining term of the Agreement, the Contractor shall be responsible for the operations and maintenance of the vehicles pursuant to Part II A – City Scope of Work, Request for Proposal No.  R08001, issued January 21, 2008. 

A.17              RENEGOTIATE IN EVENT OF COORDINATION WITH UNIVERSITY OF KANSAS.  The CITY retains the right to renegotiate relevant portions of this agreement, excluding the term, in the event that the CITY should enter into an agreement with the University of Kansas to coordinate the CITY and University Transit systems.

A.18              CHANGE IN FACILITY.  The CITY reserves the right to renegotiate relevant portions of this agreement, excluding the term, in the event that the CITY should purchase, lease, or otherwise acquire an alternative facility for use by the Contractor. 

A.18.1       Contractor agrees to relocate to the new facility and be operational within 90 days of notification by the CITY that the facility is ready for occupancy.  Alternatively, the CITY, in consultation with the Contractor, may establish a date certain for the relocation to the facility. 

A.18.2       The parties recognize that if the CITY, rather than the Contractor, provides the transit facility, the costs to the Contractor in providing the services contracted for under this agreement, will be significantly lower for the Contractor.  If the CITY provides the facility, Contractor agrees within 90 days of written notice from the CITY of the intent to relocate the facility to revise its Rates set forth in Section 4.1 of the Agreement to account for the reduction in expenses to the Contractor as a result of the CITY providing the facility.  Said revised rates shall become effective upon and after the date of relocation to the facility. 

A.18.3       The CITY shall keep Contractor apprised of the CITY's plans in regards to the CITY's providing a transit facility, and provide  Contractor with the opportunity to provide input on the suitability of any such facilities under consideration. 

A.18.4       The CITY understands that Contractor is currently party to two leases relating to Contractor's current facility, one of which has an expiration date of December 31, 2010 (the “Existing Leases”).  In the event the CITY purchases or leases an alternative facility and desires Contractor to move to the alternative facility, Contractor may be required to terminate its Existing Leases, and Contractor will likely incur costs associated with the early termination; i.e., loss of security deposit, negotiated early termination penalty fees, Landlord's realtor costs and legal fees associated with reletting the premises.  In the event that Contractor completes a move to an alternative facility at the request of the CITY or the University of Kansas before December 31, 2010, and is required to terminate the Existing Leases early, then the CITY shall reimburse MV in an amount equal to the remaining fixed base rental and property tax payments owed and paid by Contractor under the Existing Leases through December 31, 2010.  Contractor shall provide the CITY with documentation to support the payments described above.  Partial months shall be reimbursed by the CITY on a pro rata basis. 

A.18.5       The CITY also agrees to reimburse Contractor for reasonable relocation costs associated with moving personnel and equipment to the CITY's alternative facility. Such costs will be subject to pre-approval by the CITY (such approval not to be unreasonably withheld).  Contractor shall provide CITY with documentation of such costs prior to reimbursement by the CITY.  

A.18.6       In the event the CITY is able to purchase or lease an alternative facility for use by Contractor under this contract, Contractor shall enter into a supplemental lease agreement with the CITY, such lease to be in a form mutually acceptable between the CITY and Contractor.

A.19              INDEPENDENT CONTRACTOR.  In performing under this Agreement, Contractor shall act at all times as an independent contractor.  Nothing contained in this Agreement shall be construed or applied to create the relationship of principal and agent, or of employer and employee, between Contractor and CITY.  Employees of Contractor shall not under any circumstances be considered employees of CITY.

A.20              WAIVER.  Failure of either party to assert any right, which it has under this Agreement, or to assess penalties as provided, shall not act as a waiver as to that party’s right to enforce the provisions of said Agreement, or assess penalties in the future. 

A.21              CONTROL

A.21.1       All services provided under this Agreement shall be governed by the operating policies established by the CITY, unless otherwise specified in this Agreement.

A.21.2       Management of Contractor’s employees shall rest exclusively with Contractor.  CITY shall not attempt to directly or indirectly manage, discipline or direct employees of Contractor.

A.21.3       In the event of substandard performance of an employee of Contractor, CITY may demand the removal of a Contractor employee.  Such demand shall be in writing and Contractor shall comply with CITY’s demand within two weeks of receipt of CITY’s written notice.

A.22              COMMUNICATIONS.  All communications and notices required hereunder shall be made by personal delivery or by certified mail, return receipt requested.  Notices shall be effective upon the date of receipt   Notices shall be delivered to the following persons:

A.22.1    To CITY:  Public Transit Administrator, City of Lawrence, 933 New Hampshire, P.O. Box 708, Lawrence, Kansas, 66044.

A.22.2    To Contractor:  President, MV Transportation, Inc., 360 Campus Lane, Suite 201, Fairfield, California  94534.

A.22.3    Either party may change the address of notification by notifying the other party in writing.

A.22.4    City shall act in sole capacity as spokesperson for the transit system.  Contractor shall direct all inquiries from the press about the transit system to the City’s Public Transit Administrator or City Manager.  Contractor shall obtain prior approval of City prior to any press interviews or press releases relating to City’s transit system.

A.23              SEVERABILITY.  In the event any provision of this Agreement is declared or determined to be unlawful, invalid or unconstitutional, such declaration shall not affect, in any manner, the legality of the remaining provisions of this Agreement and each provision of the Agreement will be and is deemed to be separate and severable from each other provision.

A.24              JURISDICTION.  This Agreement is made in and subject to the laws of the State of Kansas.

A.25              ASSIGNMENT AND SUBCONTRACTING.  The Contractor may subcontract portions of the services under this Agreement upon written approval of CITY; such approval shall not be reasonably withheld.

A.26              FTA REQUIREMENTS.  CITY is a recipient of transportation funding from the United States Department of Transportation, Federal Transit Administration (hereinafter “FTA”).  Contractor shall comply with all requirements imposed on the City by FTA to the extent that compliance is within the scope of Contractor’s duties under this Agreement.  The RFP, its addenda, along with all documents provided by the Contractor during the evaluation process are included in this agreement.

 

IN WITNESS WHEREOF, CITY and Contractor have executed this Agreement on this _____ day of ____________________, 2008.  The persons signing this Agreement certify that they have the authority to bind their respective organization to the provisions herein.

 

MV TRANSPORTATION, INC.

CITY OFLAWRENCE, KANSAS.

 

 

By:____________________________

By:____________________________

 

 

Date:  _____/_____/_____

Date:  _____/_____/_____

ATTACHMENT 1. 

Lawrence Transit System and MV Transportation

Negotiated Penalties and Incentives

 

 

Performance Indicators

 

1.         On-time performance of fixed route

2.         On-time performance of the paratransit system – includes provision for minimum late pick-ups and balance between productivity and comfort, length of trip, etc. for passenger

3.         Maintenance of schedules – e.g., minimum missed trips on fixed route

4.        Maintenance of vehicles – includes miles between road calls, preventive maintenance, cleanliness of vehicles

5.         Safety of passengers

 

Areas for Improvement of the Transit System (understanding that these can be a shared responsibility of the provider and the CITY)

 

1.         Increased passengers per revenue hour on the fixed route system

2.         Appearance of drivers – being in uniform

3.         Retention of drivers

 

Penalties and Incentives

 

On-time Performance

 

Fixed Route Standard:  Contractor shall maintain on-time performance of five minutes late of scheduled times.  Ninety-five percent (95%) of all scheduled times, as verified on a monthly basis, must meet the standard.

 

In the event that the Contractor does not achieve the on-time performance goals, the following liquidated damages will be assessed:

 

1)   During a one month period, between ninety (90.0) and ninety-five (95.0) percent, the Contractor will be assessed one-half (0.5) percent of the hourly rate billing to the CITY for fixed route services for that month. 

2)   For on-time performance during a one month period below ninety (90.0) percent, the Contractor will be assessed one (1.0) percent of the hourly rate billing to the CITY for fixed route service for that month.

                       

ADA Paratransit Standard:   Contractor shall maintain on-time performance within 15 minutes of the scheduled pick-up time.  A minimum of 90% of all paratransit trips will be on time within 15 minutes of the scheduled pick-up time.

 

In the event that the Contractor does not achieve the on-time performance goals, the following liquidated damages will be assessed:

 

1)   During a one month period, between eighty-five (85.0) and ninety (90.0) percent, the Contractor will be assessed one-half (0.5) percent of the hourly rate billing to the CITY for paratransit services for that month. 

2)   For on-time performance during a one month period below eighty-five (85.0) percent, the Contractor will be assessed one (1.0) percent of the hourly rate billing to the CITY for paratransit service for that month.

 

Contractor shall receive an incentive of $250 per month in any month that the paratransit on-time performance exceeds 95%.

 

Preventive Maintenance

Standard:  Contractor shall complete preventive maintenance inspections as agreed within five hundred (500) miles of scheduled interval.

 

In the event that the Contractor does not perform 95% of the required preventive maintenance inspections in any month, the Contractor will be assessed $500 per month.

 

Deficient Vehicle Condition

 

Standard:  Compliance with contract standards.

 

In the event that any revenue vehicle is rejected temporarily by CITY due to an unacceptable appearance, or unsafe vehicle condition, one hundred dollars ($100) per such rejection; one hundred dollars ($100) per additional day rejected vehicle kept in service will be assessed until the condition is corrected.

 

Submission of Reports

 

Standard:  Compliance with contract standards.

 

If the Contractor fails to comply with the CITY reporting requirements either by failing to submit reports, submitting reports after the due date and time, or by submitting inaccurate or incomplete reports, the Contractor may be assessed two hundred and fifty dollars ($250) for any month in which a failure to comply occurs. 

 

Staffing

 

Standard:  Contractor shall employ and assign to the services covered by this contract an on-site General Manager, Operations Manager, Maintenance Manager, or Safety and Training Manager reasonably approved by the CITY.

 

In the event Contractor does not maintain the staffing standard, contractor may be assessed at the rate of two hundred dollars ($200) per work day for each day Contractor fails to meet the standard.  In the event any of these employees terminate employment, liquidated damages will not be assessed until the thirtieth (30th) day following the last day worked of said terminated employee.

 

Miscellaneous

 

Standard:  Compliance with contract standards.

 

The Contractor may be assessed at per occurrence for the following:

(a)   Failure to train each operator assigned to this project according to the CITY requirements and Contractor's training program – one hundred dollars ($100).

            (b)   Failure of operator to wear approved uniform and/or maintain required supplies, while on duty – twenty dollars ($20).

(c)       Failure to repair, or have the repair in process, vehicle body damage estimated over $500 (interior or exterior) within 21 days of the occurrence – one hundred dollars ($100) per work day until damage is repaired.

(d)       Failure to have functioning heating or air conditioning, excepting that if a vehicle’s heating or air conditioning fails while the vehicle is in service and vehicle is repaired within a reasonable period – one hundred dollars ($100) per day per vehicle for each day such vehicle is used in service.

 

The Contractor shall receive the following incentives from CITY based on performance of Contractor:

(a)       An incentive of $250 per month in any month for which the Contractor’s fleet is not involved in a preventable accident.

(b)       An incentive of $250 per month in any month where the CITY receives fewer than one complaint per 1,000 passengers carried by Contractor.

 

Conditions

 

Failure of the CITY to assert any right that it has under any resultant contract, or to assess penalties as provided, shall not act as a waiver as to the CITY right to enforce the provisions of said Contract, or assess penalties in the future.  The assessment and/or deductions as provided under any resultant Contract shall in no way relieve the Contractor of its obligation to provide sufficient service, vehicles or drivers or to meet any of the terms set forth.

 

Contractor shall not be held responsible, nor be subject to liquidated damages for Contractor’s inability to perform for reasons beyond the reasonable control of Contractor including but not limited to performance impaired by weather, acts of passengers, acts of the government, traffic or road conditions, strikes or labor disputes, fuel shortages, acts of god, or as a result of actions of CITY.

 

CITY shall notify Contractor in writing of its intent to assess liquidated damages within seven (7) days of an occurrence or the date at which the client could reasonably have been expected to have knowledge of an occurrence which may give rise to said liquidated damages being assessed.  Contractor shall have the right to appeal any liquidated damages by providing written notice to CITY within seven days of receipt of CITY’s notice.

 

PERFORMANCE STANDARD

CONSEQUENCE

Maintain on-time performance of five minutes late of scheduled times.  95% of all times must meet the standard.  One month period.

1)     90.0% – 95.0% - assessed ½ % of the hourly rate billing for fixed route;

2)     Below 90.0% - assessed 1% of the hourly rate billing for fixed route

Maintain on-time performance within 15 minutes of scheduled pick-up time.  Minimum of 90% of all paratransit trips.

1)     85.0% - 90% - assessed ½ % of the hourly rate of billing for paratransit;

2)     Below 85% - assessed 1% of the hourly rate of billing for paratransit

Complete preventive maintenance inspections within 500 miles of scheduled interval

Below 95% - assessed $500 per month

Revenue vehicle rejected due to unacceptable appearance or unsafe vehicle condition

Assessed $100 per such rejection; $100 per additional day rejected vehicle kept in service until condition is corrected

Failure to submit reports, submit reports late, or submit inaccurate or incomplete reports

Assessed $250 for the month of non-compliance

On-site General Manager, Operations Manager, Maintenance Manager, or Safety & Training Manager

Assessed $200 per work day for each day standard not met; terminated employment allows 30 days for hire before assessment

Failure to train operators according to requirements/training program

Assessed $100

Failure of operator to wear approved uniform or maintain required supplies while on duty

Assessed $20

Failure to repair (or in process) vehicle body damage (interior/ exterior) over $500 within 21 days of occurrence

Assessed $100 per work day until repaired

Failure to have functioning heating or AC- excepting service failure and reasonable repair period

Assessed $100 per day per vehicle for each day used in service

Fleet not involved in a preventable accident

Incentive of $250 per month

Receipt of fewer than one complaint per 1,000 passengers carried

Incentive of $250 per month

Paratransit on-time performance exceeds 95%

Incentive of $250 per month