Marin nonprofit challenges denial of paratransit contract

Marin County, Calif., nonprofit challenges denial of paratransit contract

Vivalon, formerly known as Whistlestop, has been providing paratransit service in Marin for more than 50 years and has had a contract with Marin Transit for 48 years.

By Will Houston, Marin Independent Journal

(MCT)

September 16, 2021

A Marin County nonprofit that has been the longtime provider of transit service for aging and disabled residents is challenging a recent decision that will hand the service over to a company based in Chicago.

Vivalon, formerly known as Whistlestop, has been providing paratransit service in Marin for more than 50 years and has had a contract with Marin Transit for 48 years. More than 10,000 riders used the service on a monthly basis prior to the pandemic.

The contract expires next year. Vivalon and the Chicago company, Transdev, both applied for the new contract. After a six-month review, the Marin Transit board voted unanimously on Monday for Transdev to take over the paratransit and its other Marin Access services starting in February.

The contract is for about three years at a price of about $24 million, with the option to extend for another three years.

Anne Grey, the chief executive of Vivalon, said her nonprofit is contesting the scoring mechanism that Marin Transit used to award the contract. She said the agency has not provided clear explanations on how it came to its scores.

"We're disheartened but not defeated in this and will continue to provide much-needed services to Marin County for years to come," Grey said Wednesday.

Marin Transit officials said they are required to follow a federally-mandated competitive bidding process that cannot favor local service providers. A selection panel made up of Marin Transit staff and consultants scored the two applicants on various categories, with Transdev scoring the highest.

Nancy Whelan, general manager of Marin Transit, declined to comment on the scoring Thursday at the advice of legal counsel because the contract has yet to be finalized.

Whelan said the contract would take effect contingent upon her denying any timely request for reconsideration made by Vivalon. That request is due by Friday at 5 p.m. Vivalon intends to file the request on Friday.

"During this time, the procurement is still active and I will not be able to answer questions about the scoring of proposals," Whelan said.

Grey said the appeals process could eventually go up to the Federal Transit Administration.

Marin Transit staff said that because the agency receives federal funds, it must use an open and competitive bidding process to secure services and goods. The agency used a "best value" process in which it scored the two applicants in categories such as project understanding, experience and qualifications; its work plan and approach; innovation; and providing compensation premiums for bilingual staff.

Vivalon scored lower than Transdev in project understanding, qualifications and experience; its work plan and approach; and its innovation. Grey said these categories were the most subjective.

"We are looking into those disparities," Grey said. "We'd still like answered because it is very important to the all of the people that we serve to advocate for what's best for them."

Marin Transit staff said Transdev would be able to consolidate its Marin Access programs. Additionally, the agency found Transdev has experience running paratransit services in several other Bay Area communities; has experience starting up new facilities such as Marin Transit's bus maintenance site at 3000 Kerner Blvd.; is offering to pay higher wages; and has strong software and information technology staff experience.

Vivalon did score higher for its price because the Transdev contract will cost about $1.5 million more. Transdev said that is because it plans to pay its paratransit employees higher wages.

Grey said Vivalon had asked Marin Transit to provide wage increases for their paratransit drivers earlier this year, but the request was denied.

Whelan told the board that Marin Transit has approved increases in driver wages, including in January of this year.

"We have indeed increased driver wages," Whelan said at the Monday board meeting.

More than 70 members of Vivalon's staff, or just under half, are dedicated to paratransit.

Transdev is only required to offer existing paratransit staffers up to 90 days of employment once the contract switches hands, but the company said it plans to offer all drivers long-term employment should they want it.

"Any folks that are doing their jobs today could come work for us for the same job for increased wages and benefits," W.C. Pihl, a Transdev executive, told the Marin Transit board on Monday.

Grey said the advantage of Vivalon running paratransit is that it knows the history of the riders and can recognize whether they should be referred to other services.

'We won't have the eyes and ears on those most vulnerable people anymore to get them the nutrition that they might need or get them other areas of support that they might need," Grey said.

Transdev said it would continue to work collaboratively with Vivalon to connect riders to services.

The paratransit contact is Vivalon's largest, comprising about $5 million of its $11 million operating budget. Most of the revenue goes toward running the paratransit service but about $500,000 is used for Vivalon's other programs, which will require the nonprofit to find a new funding source, Grey said.

The new contract would provide those funds to a larger outside company rather than a local nonprofit, Grey said.

The loss of the contract will not affect Vivalon's potential headquarters relocation plan or the upcoming construction of its senior housing and services center on Third Street in San Rafael, Grey said.

Should Transdev ultimately secure the contract, Grey said, Vivalon will work to ensure a smooth transition as well as continue to grow its services for Marin's elderly and disabled populations.

"As evidenced how nimbly Vivalon responded during the pandemic, I'm sure Vivalon will become an even stronger organization moving forward," Grey said.

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(c)2021 The Marin Independent Journal (Novato, Calif.)

Visit The Marin Independent Journal (Novato, Calif.) at www.marinij.com

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