Overview
The Lowell Regional Transit Authority’s (LRTA’s) contract with MV Transportation did not identify minimum on-time performance standards and measures, and LRTA did not verify the accuracy of MV Transportation’s monthly Performance Measure Reports.
Although LRTA’s “Road Runner Standard Operating Procedures” states an on-time performance goal of 94% and management stated that LRTA’s minimum performance goal was 90%, our review of LRTA’s contract with MV Transportation determined that the contract does not contain specific on-time performance standards and measures.
As part of our audit, we requested the ride data for all paratransit rides required by the Americans with Disabilities Act (ADA) during the audit period. Neither LRTA nor MV Transportation could provide the requested ride data. We subsequently obtained the requested data from the LRTA’s paratransit software provider, RouteMatch.
LRTA management noted that they receive Monthly Performance Measure Reports from MV Transportation and meet with MV Transportation staff members to discuss these reports each month. We interviewed LRTA officials about how they verified the on-time performance percentages included in the report. LRTA advised that they relied on MV Transportation to provide accurate information in their Monthly Performance Measure Reports.
As a result of LRTA not including minimum on-time performance standards and measures in its contract with, or verifying ride data in reports provided by, MV Transportation, LRTA cannot ensure that ADA‑required paratransit services provided are adequate and timely and reports provided to state and federal authorities are accurate.
Authoritative Guidance
According to Section 37.23(a) of Title 49 of the Code of Federal Regulations,
When a public entity enters into a contractual or other arrangement . . . or relationship with a private entity to operate fixed route or demand responsive service, the public entity shall ensure that the private entity meets the requirements of this part that would apply to the public entity if the public entity itself provided the service.
The Records and Reports section of LRTA’s Request for Proposals for Paratransit Management Services states,
The Contractor will be responsible for properly maintaining separate records and summaries for this service. In addition the contractor will be responsible for maintaining records required by [the Federal Transportation Administration] National Transit Data Base . . . and any and all other applicable federal, state or local requirements.
Reasons for Issue
LRTA does not have a policy to include minimum on-time performance standards and measures in its paratransit management contracts.
Additionally, LRTA has not implemented monitoring controls to ensure that its employees verify that ADA‑required paratransit ride information provided by MV Transportation is complete and accurate.
Recommendations
- LRTA should ensure that its paratransit management contracts include performance surety language and minimum on-time performance standards and measures. It should also develop a policy to include this information in its contracts.
- LRTA should implement monitoring controls to ensure that its employees verify that ADA-required paratransit ride information provided by MV Transportation is complete and accurate.
Auditee’s Response
Currently, LRTA’s Paratransit Management Contract with MV Transportation states “The selected Contractor will be responsible for meeting all requirements as specified in the contract including, but not limited to, employee standards and training, labor & contract negotiations, vehicle maintenance, safety, on-time performance, reporting, billing, appropriate licensing, all other legal requirements, as well as full compliance with all applicable ADA requirements.” The Contract also states “The LRTA reserves the right to cancel any contract resulting from this procurement for cause by written notice to the Contractor. Cause for cancellation will be documented failure(s) of the Contractor to provide services in the quantity and/or quality required. Notice of such cancellation will be given with sufficient time to allow for the orderly withdrawal of the Contractor without additional harm to the participants or the LRTA.”
Per the Auditor’s recommendation, the LRTA will review its upcoming Paratransit Management Services [Request for Proposals]/Contract to strengthen the performance surety language to include specific on time performance standards and measures.
To verify the accuracy of reports, the LRTA meets with its Paratransit Management Contractor monthly to review service performance, financials, safety, and operating reports. The LRTA also meets quarterly with representatives from the ADA community in the LRTA service area.
Per the Auditor’s recommendation, the LRTA has implemented additional data validation processes. As part of the monthly contractor review, LRTA randomly selects a trip date and driver to review the corresponding manifest and Routematch verification report for accuracy. In addition, in the rare instance when there is a tablet outage and the driver has to manually report their pick up/drop off times, the dispatchers report this as part of the Daily Operations . . . report. The Operations Manager manually enters the driver data into the Routematch system and keeps the driver’s record for the file. As part of the monthly contractor review, if there are any periods during the month with a tablet outage, the LRTA will select an additional trip date and driver during the outage period to validate the Routematch Verification report against the driver’s manual record.
Auditor’s Reply
Based on the response above, LRTA is taking measures to address our concerns.
| Date published: | June 7, 2023 |
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