Budget Amendment ID: FY2014-S3-512-R1
Redraft TRP 512
Requiring The Ride to contract with other transportation service providers
Ms. Jehlen and Mr. Joyce moved that the proposed new text be amended by inserting after section 90 the following section:-
“SECTION 90A. Chapter 161A of the General Laws is hereby amended by adding the following section:-
Section 50. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Paratransit services”, transportation services provided to individuals with disabilities who, as the result of a physical or mental impairment, including vision impairment, are unable to board, ride or disembark from a vehicle in the authority's regular transportation system without the assistance of another individual, except the operator of a wheelchair lift or other boarding assistance device.
“Transportation service provider”, any entity that provides paratransit services, or any aspect of paratransit services, to the users of paratransit services within the authority’s service area.
(b) The authority shall attempt to provide better paratransit services at an efficient rate by contracting with transportation service providers. The contracts shall reduce the operating costs of providing paratransit services, while maintaining or improving the level of service. The authority may enter into contracts for specific aspects of paratransit services and for paratransit services in specific geographic areas.
(c) The authority shall draft uniform standards which shall apply to all transportation service provider contracts. The uniform standards shall be approved by the office of the attorney general and the office of inspector general. The uniform standards shall include, but not be limited to, provisions related to: the proper use of contract funds; proper accounting procedures; personnel practices; purchasing procedures; and conflict of interest rules.
(d) As a condition to its receipt of funds, each transportation service provider shall agree to follow the uniform standards. The authority shall establish, in each transportation service provider’s contract, performance criteria, which shall be specific to the transportation service provider.
(e) The authority shall solicit paratransit service contracts through a request for proposals. If the authority determines through the request for proposals process that no proposal meets the requirements of this subsection, then the authority shall not award a contract at that time but may issue a new request for proposals in the future, at its discretion. The authority shall accept each proposal that meets all of the following criteria:
(i) the proposal, when fully implemented, shall reduce the operating expenses associated with providing paratransit services;
(ii) the proposal, when fully implemented, shall not: (A) reduce the level of paratransit services or the reliability of paratransit services currently provided by the authority; (B) increase the costs of a trip to paratransit service users, except through the normal rate setting process of the authority; or (C) increase the burden to the community; and
(iii) the proposal addresses factors that affect the community including, but not limited to: (A) safety requirements, including driver qualifications, vehicle safety and any relevant permits or licenses; (B) insurance coverage on the transportation service provider, the vehicles used by the transportation service provider, and the drivers or subcontractors employed by the transportation service provider; and (C) the compensation and benefits that drivers receive, including whether drivers typically derive income from gratuities from riders and how that loss of income shall be addressed under the proposed contract.
If 2 or more otherwise acceptable proposals be incompatible, the authority shall choose the proposal that provides the greatest overall value to the commonwealth.
(f) All contracts entered into under this section shall be reviewed by the office of inspector general and shall be for terms not longer than 5 years; provided, however, that the contract may provide for the renewal of the contract at the discretion of the authority; provided further, that renewals shall be for terms not longer than 10 years; and provided further, that nothing in this subsection shall preclude a transportation service provider from re-applying to provide services under a new contract.
(g) Transportation service providers may enter into additional contracts with the commonwealth or any regional transit authorities to provide additional services.”; and
by inserting after section 139 the following section:-
“SECTION 139A. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, not later than July 1, 2014, publish and release a solicitation for paratransit service contracts under section 50 of chapter 161A of the General Laws.
The Massachusetts Bay Transportation Authority may implement the bidding process as a phased, multi-step process, which may include a request for information that would inform the development of a request for proposals.”