CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING 2910 East Fifth Street Austin, TX :00 AM 3:57 PM Meeting Adjourned

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1 CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING 2910 East Fifth Street Austin, TX ~ MINUTES ~ Executive Assistant/Board Liaison Gina Estrada Friday, September 24, :00 AM Meeting Called To Order 10:00 AM 3:57 PM Meeting Adjourned I. Pledge of Allegiance II. III. Public Comment: 1. Mitchell Rappaptaport regarding MetroAccess Program. No show. 2. Malcolm Graham regarding budget priorities and concerns about a new policy to deny rides to dialysis patients on certain days. No show 3. Robert Frank regarding the budget and cutbacks for MetroAccess - Commented on Issues regarding Capital Metro and STS - they need to work together, closing call center on weekends is good, we need the cabs and we need Capital Metro and STS. 4. ATU Local 1091 regarding Labor Relations Issues. No show. 5. Sandy Baldridge commented regarding the Oak Hill Town Center and CMTA & ACC continuing to work together. President of Oak Hill neighborhood since 1985, we asked for service to downtown and asked for service to be increased - August 28, 2010 meeting. (see handout) Advisory Committee Updates: 1. Update on the Customer Satisfaction Committee (CSAC). Rich MacKinnon, Vice-Chair, Customer Satisfaction Advisory Committee (CSAC), Updates on committee. He reported the committee discussed the January Service changes for Capital Metro, but could not adopt the minutes for lack of a quorum. 2. Update on the Access Advisory Committee (AAC). Diane Bomar Aleman, Chair of the Access Advisory Committee (AAC), provided updates. Ms. Aleman discussed the budget and addressed concerns regarding combining the CSAC and AAC committees, which were not included in the input. Ms Aleman commented there is too much management interference in this process, committee members are appointed by the Board. Allow committees to handle application process. John Langmore commented that he wanted to clarify that there is no intention to combine both committees. Ms. Aleman stated Access Committee and the Metro Mobility Working Group (MMWG) are concerned about inaccurate information conveyed to them by staff regarding the taxi voucher program. The group voted that the budget spent for taxi vouchers be maintained and not be reduced, stay as it is. Ms. Butcher sent an out to staff regarding violation of taxi program. Ms. Aleman played a tape regarding of issues from staff. She stated that was not what Ms. Butcher indicated in the . Do not do anything to the Access committee, make staff accountable and do not participate in personal interviews. Board of Directors Page 1 Printed 12/13/2010

2 Regular Meeting Minutes September 24, 2010 IV. Executive Session of Chapter 551 of the Texas Government Code: Chapter Legal Advice - Regarding Legal Services Contracts. Chapter Legal Advice - Regarding Capital Aggregates Agreement. V. Board Committee Updates: 1. Finance/Audit Committee Frank Fernandez - Committee Chair, provided updates. Numerous action items were covered, Board policies and approving of the 2011 Budget. 2. Rail Committee John Langmore, Committee Chair, provided updates, primary changes to Rail service schedules, peak hour service and the addition of midday service were discussed. Staff recommended Friday evening service, but budget won't allow it. The recommendation in the budget is to have a pilot program of four consecutive Friday evenings and three additional weekend special event service days. 3. Operations/Planning Committee Chris Riley, Committee Chair, provided updates. The committee discussed the Intelligent Transportation System (ITS) project, it was discussed in Executive Session, and two contracts that will be on today's Board agenda for approval. The committee recommended approval by the full Board for both contracts. 4. Labor Relations Committee Mike Martinez, Committee Chair, provided updates and committee discussed updates on Sunset, pulse of workforce and improving the working environment. Get staff to work on reports of contracts for StarTran, Veolia and First Transit, explain the cost comparison of each contract. What are the true costs of each agency? What we do with our labor structure etc...? Where the Board fits in, your role as a Board member? What committees do you want to serve on? John Langmore - Timeline on cost? Justine Hlista - I abstain, I was not at that meeting. VI. Action Items: 1. Resolution CMTA Board Minutes Approval of Board Meeting Minutes for August 23, 2010 Board Meeting and Public Hearing for August 11, RESULT: ADOPTED [6 TO 0] MOVER: Chris Riley, Board Member SECONDER: John Langmore, Board Member AYES: Chafetz, Silas, Langmore, Stafford, Martinez, Riley ABSTAIN: Justine Hlista AWAY: Frank Fernandez 2. Resolution CMTA Legal Services on CD Henderson Litigation Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Ewbank & Byrom, LLP in an Amount Not to Exceed $410,510. Board of Directors Page 2 Printed 12/13/2010

3 Regular Meeting Minutes September 24, 2010 RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista 3. Resolution CMTA Legal Services for Employment/Labor Matters Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Winstead PC in an Amount Not to Exceed $100,000. RESULT: ADOPTED [7 TO 0] MOVER: John Langmore, Board Member SECONDER: Frank Fernandez, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista 4. Resolution CMTA Support Contract for Oracle Financials Approval of Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Oracle America for the Continued Support of the Various Oracle Products Used in an Amount Not to Exceed $665,532. RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista 5. Resolution CMTA Increase Civil Engineering Contract Approval of a Resolution to Increase Civil Engineering Contract with URS for MetroRapid Design. RESULT: ADOPTED [7 TO 0] MOVER: Chris Riley, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista 6. Resolution CMTA ILA with City of Austin - Employee Transit Passes Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute an Interlocal Agreement with the City of Austin for Capital Metro Transit Passes in an Amount Not to Exceed $150,000. Aida Douglas, Business Development Manager, DBE Officer, gave brief presentation. (see attachment) Chris Riley - Will card be tracked when used by City employees? Board of Directors Page 3 Printed 12/13/2010

4 Regular Meeting Minutes September 24, 2010 Douglas - Yes, City office will know the data. Justine Hlista - City of Austin has agreed to payment? Douglas - If amount succeeded it will be amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 7. Resolution CMTA UT Shuttle/BRT Operations and Maintenance Contract Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with First Transit, Inc. for UT Shuttle and BRT Operations and Maintenance in an Amount Not to Exceed $57,886,010. RESULT: ADOPTED [6 TO 0] MOVER: John Langmore, Board Member SECONDER: Mike Martinez, Chairman AYES: Chafetz, Silas, Langmore, Fernandez, Martinez, Riley ABSTAIN: Ann Stafford, Justine Hlista 8. Resolution CMTA Basic Transportation Needs Fund Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Create a Basic Transportation Needs Fund with the Purpose to Ensure Low-Income, Transit- Dependent Populations Have Access to Affordable Transit Services. John-Michael Cortez, Interim Assistant Director of Business & Community Development outlined the proposal to work with area partners to establish a charitable fund at the Austin Community Foundation. John Langmore - This is primarily to work with people that can't afford our services, income eligible? Cortez - We will work with agencies to determine that. Langmore - Are we funding the group or what? Cortez - Line item of $50,000, grants etc..., the initial purpose is to leverage public and private funding. Langmore - When will it start? Cortez - Monday, with direction from the Board. Langmore - Make sure we monitor the success of this. Cortez - We have already looked at the folks that would be most impacted. Frank Fernandez - Concerned with service, would it be turned over to the private sector? We still need to attract other funds. Chair Martinez - I am really excited about this, providing a solution. He thanked John- Michael Cortez and Austin Community Foundation for their willingness to help us. Board of Directors Page 4 Printed 12/13/2010

5 Regular Meeting Minutes September 24, 2010 Justine Hlista - This is a starting point, no implementation plan yet? Do you bring back to the Board? Cortez - Yes. Chair Martinez - How many Board members are on the committee? Cortez - At least two. Dan Pruett - Meals on Wheels, President - spoke in favor of the proposal and suggested many non-profit agencies stand ready to assist with the development and implementation of this fund. RESULT: ADOPTED [UNANIMOUS] MOVER: Beverly Silas, Board Member SECONDER: Frank Fernandez, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 9. Resolution CMTA January 2011 Service Change Approval of Proposed January 2011 Service Changes. Roberto Gonzalez, Manager of Short Range Planning, outlined the proposal which includes a North Austin restructure of several routes, consolidation of MetroExpress routes 984 and 986 into a new route 985, MetroRail schedule changes, and the addition of midday rail service. Bus service changes will become effective January 16, 2011, and MetroRail service changes effective January 18, (see attachment) Public Comment: 1. Will McLeod - Stated he is against some of the changes, cater to Express bus, local routes not impacted, need to extend Route James Crabtree - (see handout) 3. Diane Bomar - Michael Zitch Evancih concerns regarding his recertification. It is important that people are grandfathered-in, some people that live outside the 3/4 of a mile this will take them off the service. Chris Riley - Concerns for changes up North. Roberto Gonzalez discussed the concerns for changes up North and showed map of area in question. He also discussed the 392 route, the 214 route, the 3/4 mile, flex route and working with Carts to see who is affected. Justine Hlista - There is no data on this? Meredith Highsmith - We are working with MetroAccess team, majority in that corrider will be able to use the new proposed route. Hlista - What about feedback from people in Lago Vista - how will the people be impacted? I don't fully understand the impact on Jonestown and Lago Vista. Highsmith - We have continued to work with them for over a year now, we have an appointment with them next week. Board of Directors Page 5 Printed 12/13/2010

6 Regular Meeting Minutes September 24, 2010 RESULT: ADOPTED [7 TO 1] MOVER: John Langmore, Board Member SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley NAYS: Justine Hlista 10. Resolution CMTA MetroAccess Policy Changes Approval of a Resolution Adopting the MetroAccess Policy Changes and Authorizing the President/CEO, or Her Designee, to Implement the MetroAccess Policy Changes. Elaine Timbes, Executive Vice President and Interim COO outlined the policy changes. (see attachment) Elaine responded to the tape that was played by Diane Bomar regarding the tape that was played, "I said a potential violation." We want to set this up so it is managed by a third party. Norm Chafetz - Any other transit agency's using this system? Times - Denver is similar. Inez Evans - MTS does a similar system as well. Beverly Silas - I am glad to see option 2 on taxi voucher, concern was complete elimination. Glad to see it worked out, thank you for doing that. Public Comment: 1. Boone Blocker - Commented he was glad to see you are here to do this, changes are important. Capital Metro did not do Public Hearing in Public Hearing did not address the 800 people that are phased out. Discussed current application and new one. Please don't take decision out of hands of medical professionals. Do orientation last and screen first. 2. Robert Frank - Commented he was pleased with the taxi program. 3. Julian Forester - Stated the Taxi Vouchers are a great program. He discussed his friend's bad experience with Austin cab. Need to make more affordable and concerns regarding open returns, needs structure. 4. John Ray Hopper - I ride the rail, issues regarding service hours. Taxi Vouchers are better than where we were. Are there going to be any other bike routes along the rail? Chris Riley stated you can get the routes on the City's website. 5. Ann Nelson - Eligibility needs to be rethought. Employees need to be hired and trained with changes to comply. Have orientation once a month, for the rail system and appeals process it needs to be a MetroAccess person. 6. Sandra Seekamp - Commendted on her concerns regarding Advisory committee, voting in service area, access system has not been utilized to advise, eligibility and recertification. New application should take care of this, you will destroy your relationship with the disabled if you pass this policy. 7. John Meinkowsky - ARCIL, sent comments on application and eligibility process. Recommend you reject these changes, 8. Ophelia Zappata - Stated it is hard to adjust for the visually impaired. STS is not a reward, we work, we are homeowners, we pay taxes and we vote. We oppose the Board of Directors Page 6 Printed 12/13/2010

7 Regular Meeting Minutes September 24, 2010 eligibility process, the doctor can tell you if eligible not staff. Orientation should be when you get your ID. 9. Christine Morrow - Commented on Issue with cabs - they charged me over the fee and I never got my money back. I used Yellow cab, but some are not connected to STS. I don't know what to do. 10. Pat Bartel - Thank goodness Linda Watson is interested in other plans. (see handout) Program will not save $140,000, things not discussed with MMWG and they didn't tell you that 1,000 people will max out. There are three civil rights violations, 275 pages of denial letters from I am asking that these people be evaluated. 11. Diane Bomar - Commented that Staff are very nice and caring especially thanks to Ms. Watson for meeting with me directly. Taxi Voucher program - do not approve taxi on money amount, same day vouchers, service area issues, I agree with Mr. Blocker. Call center hours were never discussed with MMWG. Ms. Butcher said all policies practice and procedures does not really mean that. Until new technology is available no changes should be made. I also oppose personal interviews by staff. 12. Will McLeod - Oppose interviews by anyone other than doctors. You can save money by eliminating this person from the budget. 13. Ernest Terrell - Issues concerning the interviewing process, taxi vouchers and 3/4 of a mile limit. Chris Riley - Regarding eligibility, does that mean that everyone comes back for recertification? Timbes - Every 4 years unless conditionally eligible. Riley - Could staff compile potential information? Timbes - Plan to travel trainers, put together plan for infrastructure. Riley - What percentage is unconditional eligible? Timbes - I don't know off the top. Ann Stafford - If someone is conditionally eligible, conditions change. Do we have a way in the plan to do a temporary eligibility, until that clears up? The following policy plan recommendations was adopted with a friendly amendment from Board Member Hlista contingent upon Board approval of implementation of a performance measurement plan to bring back to the Board in April, 2011: Eligibility and Appeals Process - The process would include an application, professional medical evaluation, and an interview and orientation by staff for new customers. A functional assessment may also be required. Current customers who are up for recertification would go through the new process once, but the eligibility period would expand to four years. The board also required that they approve the implementation plan for the policy. Motion was moved by Hlista and seconded by Riley. 8 ayes/0 nays Service Level - Default service level will be determined during the eligibility process, but they will be able to request a different level of service when they make their reservations. Also includes curb-to-curb, door-to-door and door-through-door. Motion was moved by Silas and seconded by Chafetz 8 ayes/0 nays Board of Directors Page 7 Printed 12/13/2010

8 Regular Meeting Minutes September 24, 2010 Open Returns - Will be limited to medical trips, jury duty and return from out of town travel. An estimated return time will be required. Motion was moved by Silas and seconded by Stafford. 8 ayes/0 nays Taxi Vouchers - The program is renamed as the Access-a- Ride Program, non-ada service is open to all registered Capital Metro customers. They would use a stored value card. Customers currently using subscription vouchers would be transitioned to MetroAccess vehicles as space becomes available. Option 2 - Chair Martinez read the language into the record regarding Taxi Vouchers for Option 2. Motion was moved by Langmore and seconded by Stafford. 7 ayes/0 nays, 1 abstain - Hlista. Service Area - The service area remains 3/4 of a mile of local fixed routes. Those living outside the service area will be transitioned to other services. The transition period will be between 90 day and 12 months. Motion was moved by Fernandez and seconded by Silas. 6 ayes/1nay - Chafetz, 1 abstain - Hlista. Call Center - The call center will operate from 7:00 am to 6:00 pm on weekdays and 8:00 am to 5:00 pm on weekends. Customers can call up to three days in advance to reserve their ride. Motion was moved by Stafford and seconded by Fernandez. 8 ayes/0 naye RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Justine Hlista, Board Member SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 11. Resolution CMTA Railroad Bridge Replacement Plan Approval of a Resolution to Adopt a Railroad Bridge Replacement Plan. RESULT: ADOPTED [7 TO 0] MOVER: John Langmore, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Stafford, Hlista, Martinez, Riley AWAY: Frank Fernandez 12. Resolution CMTA Board of Directors Community Involvement Policy Approval of a Resolution Adopting a Board of Directors Community Involvement Policy. RESULT: ADOPTED [7 TO 0] MOVER: Norm Chafetz, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Stafford, Hlista, Martinez, Riley AWAY: Frank Fernandez Resolution CMTA Board of Directors Advisory Committee Policy Approval of a Resolution Adopting a Board of Directors Advisory Committee Policy. Board of Directors Page 8 Printed 12/13/2010

9 Regular Meeting Minutes September 24, 2010 Two friendly amendments by Board member Langmore. 1. Under procedure A of the policy - that the amendment says there is a preference that members be transit users not a requirement. 2. Under section Hiii of the policy and under iii, leave the rest to say it does not require any staff approval to make it to the Board RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Hlista, Martinez, Riley AWAY: Ann Stafford 13. Resolution CMTA Board Travel Policy Approval of a Resolution Adopting a Board Travel Policy. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Norm Chafetz, John Langmore Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 14. Resolution CMTA Board Representation Approval of a Resolution Requiring Board Approval to Represent Capital Metro. RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 15. Resolution CMTA Board Attendance Stipend Approval of a Resolution Regarding a Board Attendance Stipend. RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 16. Resolution CMTA Chairman of the Operations/Planning Committee Appointment of Chair of the Operations/Planning Committee. RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley 17. Resolution CMTA Budget for Capital Metro Approval of a Resolution Adopting the Annual Operating and Capital Budget for the Period October 1, 2010-September 30, Board of Directors Page 9 Printed 12/13/2010

10 Regular Meeting Minutes September 24, 2010 *Friendly amendment to include page six (6) of the Budget presentation. The proposal to increase fares requires a separate public process and subsequent Board action. John Langmore - Commended Linda Watson with respect to her accountability. Frank Fernandez - Thanked staff and Finance/Audit committee. It was a tough decision. We struggled with the capital side and now we have a good start. Ann Stafford - Thanked Board member Fernandez for his leadership on this and thanked staff as well. This presentation shows that staff placed a high priority on transparency. RESULT: ADOPTED AS AMENDED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista 18. Resolution CMTA Budget for StarTran Approval of a Resolution Approving the FY 2011 StarTran, Inc. Employee Support Services Budget. Frank Ordaz, Director of Financial Planning gave updates. (see attachment) Friendly amendment by Board member Stafford to reference the number $64, RESULT: ADOPTED AS AMENDED [6 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Riley ABSTAIN: Justine Hlista AWAY: Mike Martinez 19. Resolution CMTA Budget Reserve Policy Approval of Budget Reserve Policy. Friendly amendment by Board member Langmore - modified reserve policy can only be spent for the intended purposes, what the policy says and makes clear what each reserve is meant to do. Remove from the last one the commentary language and the second bullet in the policy. The policy requires the agency maintain the equivalent of two months of operating expense in our cash reserves, in addition to a capital project reserve, an operating reserve, a self insurance reserve and a rainy day fund. Use of the funding set aside in reserves is at the Boards discretion. Board of Directors Page 10 Printed 12/13/2010

11 Regular Meeting Minutes September 24, 2010 RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Riley AWAY: Mike Martinez VII. Presentations: None VIII. Reports: 1. Planning/Development Todd Hemingson, VP, of Strategic Planning and Development provided updates. There were no significant planning items to report 2. Operations Elaine Timbes, Executive Vice President and Interim COO, presented the operations report. Elaine thanked the Board for all the support on this MetroAccess process. (see attachment) 3. Finance Frank Ordaz, Director of Financial Planning updated the Board on sales tax revenues. (see attachment) 4. President s Report Recognitions/Awards - Linda Watson, President/CEO and Board member Langmore recognized Property Management Director John Hodges for his 14 years of service and StarTran General Manager Terry Garcia-Crews, who are both leaving Capital Metro to pursue other interests. Ms. Watson also thanked Celia Israel with the Alliance for Public Transportation and all the sponsors for the community reception held in her honor this week. She also acknowledged the Board and staff in addressing the recommendations from the Sunset Commission. She discussed the agency s achievements, adoption of a five year plan, Capital Improvement plan, new policies for MetroAccess, fare increase proposal, community involvement policy, use of our cash reserves, financial transparency measures and increasing Capital Metro s reserves. Ms. Watson thanked Doug Allen, Executive Vice President and Chief Development Officer for his leadership. Recent and Upcoming Events IX. Adjournment The meeting was adjourned at 3:57 pm. ADA Compliance Reasonable modifications and equal access to communications are provided upon request. Please call or gina.estrada@capmetro.org if you need more information. BOARD OF DIRECTORS: Mayor Pro Tem Mike Martinez, Chairperson; John Langmore, Vice Chair; Beverly S. Silas, Board Secretary; Council Member Chris Riley; Mayor John Cowman; Frank Fernandez; Ann M. Stafford and Norm Chafetz. Board Liaison: Gina Estrada , Board of Directors Page 11 Printed 12/13/2010

12 Regular Meeting Minutes September 24, if you need more information. The Board of Directors may go into closed session under the Texas Open Meetings Act. In accordance with Texas Government Code, Section , consultation with Attorney for any legal issues, under Section for Real Property issues, under Section for Personnel matters, or under Section , for deliberation regarding the deployment or implementation of Security Personnel or devices, arising regarding any item listed on this Agenda. Date: September 24, 2010 Yvonne Allen Legal/Board Support Specialist II Board of Directors Page 12 Printed 12/13/2010

13 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Board Minutes 6.1 SUBJECT: Approval of Board Meeting Minutes for August 23, 2010 Board Meeting and Public Hearing for August 11, FISCAL IMPACT: This action has no fiscal impact. ROUTE 2025 STRATEGIC ALIGNMENT: Does not apply. DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 13

14 6.1 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Board Minutes. RESULT: ADOPTED [6 TO 0] MOVER: Chris Riley, Board Member SECONDER: John Langmore, Board Member AYES: Chafetz, Silas, Langmore, Stafford, Martinez, Riley ABSTAIN: Justine Hlista AWAY: Frank Fernandez Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 14

15 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Legal Services on CD Henderson Litigation 6.2 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Ewbank & Byrom, LLP in an Amount Not to Exceed $410,510. FISCAL IMPACT: Funding is available in the FY2011 operating budget. EXECUTIVE SUMMARY: On July 19, 2005, Henderson filed an Original Petition against CMTA for Breach of Contract and Violation of Chapter 2251 of the Texas Government Code in the Travis County District Court ( State Case ). On August 12, 2005, CMTA filed its Original Answer and Counterclaim against Henderson for Breach of Contract, Breach of Express Warranty and Breach of Implied Warranty. The Board has recently been updated on the status of this on-going litigation, including an estimate of anticipated work and expenditures for the next fiscal year. Ewbank & Byrom will continue to defend and support CMTA in this litigation matter. ROUTE 2025 STRATEGIC ALIGNMENT: Does not apply. DBE PARTICIPATION: Any DBE participation will be captured as race neutral. PROCUREMENT: On 12/14/09 a Statement of Qualifications (SOQ) for Legal Services was issued and formally advertised in the Austin American Statesman, the Law Firm of Ewbank & Byrom submitted a Proposal in response to this SOQ. This award is being issued in accordance with the Professional Services Act as defined by Texas Government Code, Section ; The Firm of Ewbank & Byrom was selected as the most qualified Firm as required by the Act. Base Term, One year from: October 1, 2010 to September 30, 2011 Funding requested: $410,510 RESPONSIBLE DEPARTMENT: Legal LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 15

16 6.2 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Legal Services on CD Henderson Litigation WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors desires to ensure that Capital Metro is adequately represented by Outside Legal Counsel in litigation matters; and WHEREAS, a matter involving a contractual dispute with C.D. Henderson, Inc. has extended into full litigation; and WHEREAS, the law firm of Ewbank & Byrom has been engaged to represent Capital Metro s interests in this matter. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to finalize and execute a contract with Ewbank & Byrom, LLP in support of the C.D. Henderson litigation in an amount not to exceed $410,510. RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 16

17 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Legal Services for Employment/Labor Matters 6.3 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Winstead PC in an Amount Not to Exceed $100,000. FISCAL IMPACT: Funding is available in the FY2011 operating budget. EXECUTIVE SUMMARY: The Winstead PC Law Firm will provide legal services to StarTran on matters that will include legal advice and representation on various employment /labor issues and arbitration matters. ROUTE 2025 STRATEGIC ALIGNMENT: Does not apply. DBE PARTICIPATION: Any DBE participation will be captured as race neutral. PROCUREMENT: On 12/14/09 a Statement of Qualifications (SOQ) for Legal Services was issued and formally advertised in the Austin American Statesman. The Winstead PC Law Firm submitted a Proposal in response to this SOQ and it was deemed the highest qualified. This award is being issued in accordance with the Professional Services Act as defined by Texas Government Code, Section ; The contract is a firm fixed price type contract. The period of performance is from: October 1, 2010 to September 30, Funding requested: $100, RESPONSIBLE DEPARTMENT: Legal LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 17

18 6.3 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Legal Services for Employment/Labor Matters WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors desires to ensure that Capital Metro/StarTran Inc., are adequately represented by Outside Legal Counsel in legal matters such as employment, labor and arbitration. WHEREAS, the law firm of Winstead PC has been identified as best qualified to represent Capital Metro/StarTran s interests in these legal matters. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to finalize and execute a contract with Winstead PC for legal services in an amount not to exceed $100, RESULT: ADOPTED [7 TO 0] MOVER: John Langmore, Board Member SECONDER: Frank Fernandez, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 18

19 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Support Contract for Oracle Financials 6.4 SUBJECT: Approval of Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Oracle America for the Continued Support of the Various Oracle Products Used in an Amount Not to Exceed $665,532. FISCAL IMPACT: Funding is available in the FY2011 operating budget. EXECUTIVE SUMMARY: Support Contract for Oracle Financials, Oracle Databases and Other Oracle Tools. Capital Metro Has Multiple Systems Existing on Numerous Servers that Are Powered by Oracle Databases. Capital Metro Also Uses Oracle Financials as Our Agency's Financial and Purchasing Tool. This Contract Will Allow Us to Utilize the Software Vendor's expertise to Continue Our Maintenance and Support for These Critical Systems. By Contracting for Multiple Years, We Can Firm Up Our Maintenance and Support Costs for These Critical Services by Allocating Money for the Next Three (3) Years as Follows: FY2011 $215, FY2012 $221, FY2013 $228, ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth. DBE PARTICIPATION: Due to the nature of the solicitation a DBE goal was not established on this project. PROCUREMENT: Texas Government Code, Section (b) states a political subdivision that purchases an item or service using a contract under this section satisfies any other law requiring the political subdivision to seek competitive bids for that item or service. Pricing was solicited from all vendors awarded contracts for Oracle Maintenance and Support products: DLT Solutions Mythics RFD Solbourne Oracle America Award recommendation is to Oracle America as the lowest responsive, responsible Page 1 Packet Pg. 19

20 6.4 offer. RESPONSIBLE DEPARTMENT: Information Technology LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 20

21 6.4 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Support Contract for Oracle Financials WHEREAS, The Capital Metro Board of Directors recognizes the need to obtain and pay for annual support maintenance. NOW,THEREFORE,BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President /CEO, or Her Designee, is authorized to issue purchase orders for purchase of maintenance support for all Oracle database applications through October 2013 against Texas Department of Information Resources (DIR) contracts in an amount not to exceed $665,532. RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 21

22 6.4.a DATE: September 8, 2010 CA: CONTRACT: SOLICITATION PROCESS: BIDS RECEIVED: PROCUREMENT SUMMARY for: Intergovernmental Purchase Agreement (IGPA) Year Oracle Maintenance Renewal Shawn Brown, 3 Year Oracle Maintenance Renewal This procurement was determined to be suitable for an IGPA because: A complete, adequate, and realistic specification was available, The procurement lent itself to a firm fixed price contract, The selection of the successful bidder could be made principally on the basis of price, and; It was fiscally responsible not to expend Capital Metro s resources on a formal competitive IFB when the process had previously been completed by the Department of Information Resources (DIR) from which we are allowed to purchase Information Technology goods and services. Texas Government Code, Section (b) states that a political subdivision that purchases an item or service using a contract under this section satisfies any other law requiring the political subdivision to seek competitive bids for that item or service. Pricing was solicited from all vendors awarded contracts for Oracle Maintenance and Support products: DLT Solutions Mythics RFD Solbourne Oracle America Three bids were received from the following firms: RFD 12 months $228, months $463, months $705, Mythics 12 months $220, months $445, months $677, Attachment: Year Oracle Maintenance Renewal (CMTA : Support Contract for Oracle Financials) Oracle America 12 months $215, months $437, months $665, Packet Pg. 22

23 6.4.a BID EVALUATION: Apparent Low Bidders: DBE Goal: Oracle America DBE goals are not calculate for ICT procurements as any goal has already been determined and negotiated by DIR. Prices Fair & Reasonable: Determination of Responsiveness: Determination of Responsibility: The price is considered fair and reasonable based on adequate price competition. Determined by DIR. Determined by DIR. Contract Award/Contract Type: The resulting Contract will be firm fixed price contract in the amount of $215, Board approval is required. The Contract was submitted to the Capital Metro Board of Directors on September 27, 2010 for approval. Attachment: Year Oracle Maintenance Renewal (CMTA : Support Contract for Oracle Financials) Page 2 of 2 Packet Pg. 23

24 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Increase Civil Engineering Contract 6.5 SUBJECT: Approval of a Resolution to Increase Civil Engineering Contract with URS for MetroRapid Design. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. EXECUTIVE SUMMARY: URS is the prime design engineer for the MetroRapid project, with the current contracted scope taking the design to 60% status for Route 1 of 2 routes. They are operating under a Task Order contract, one of five, with the estimated total amount of all five task order contracts for the five-year period not to exceed $1,400,000. Staff analysis, with agreement by FTA, is that it would be less expensive and more efficient to continue with URS for the remaining MetroRapid design work (i.e. completion of Route 1 and all of Route2). We anticipate the remaining design work for both Routes 1 & 2 to cost $1,100,000, which includes a 13.5% contingency. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth. DBE PARTICIPATION: This percentage will apply to this and subsequent modifications. The DBE goal is 16%. PROCUREMENT: On April 28, 2008, The Capital Metro Board of Directors approved contracts with Lopez Garcia (now URS), Associated Consulting Engineers (ACE), Klotz Associates, Inc., MWM Design Group, and HDR Engineering (Resolution #CMTA ) for a period of five years in the amount of $1,400,000 to provide Civil Engineering Services under a task order, rotational basis. URS was awarded task orders for Bus Rapid Transit (BRT) design services. Additional funding is required to complete the BRT design services. The remaining allowable term of the contract through April 28, 2013 will not change. RESPONSIBLE DEPARTMENT: Engineering and Construction LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 24

25 6.5 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Increase Civil Engineering Contract WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro Management recognize the need to continue the engineering design for the MetroRapid BRT project. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to increase the Civil Engineering Contract with URS in an amount not to exceed $1,100,000. RESULT: ADOPTED [7 TO 0] MOVER: Chris Riley, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley ABSTAIN: Justine Hlista Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 25

26 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA ILA with City of Austin - Employee Transit Passes 6.6 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute an Interlocal Agreement with the City of Austin for Capital Metro Transit Passes in an Amount Not to Exceed $150,000. FISCAL IMPACT: This action generates revenue. EXECUTIVE SUMMARY: As a part of Capital Metro s continued effort to develop partnerships to reduce traffic congestion and increase ridership, this Interlocal agreement allows city employees with an issued Transit Pass to access approved Capital Metro services. Capital Metro and the City of Austin have been long time partners. City employees have been riding Capital Metro services as part of an Interlocal Agreement since The 2010 agreement is modeled after the Austin Community College agreement which will charge the City on a "per ride" basis. This new method takes into account ridership data collected over the last few years as well as a fare analysis on projected fare adjustments and will allow the city of Austin to issue transit passes to City employees. In addition, the City will also purchase additional passes, at full fare, for employees utilizing MetroAccess and RideShare services. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence. DBE PARTICIPATION: Does not apply. PROCUREMENT: Chapter 791 of the State of Texas Government Code encourages governmental entities to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another. In doing so, local governments are permitted to forego the requirements of full and open competition and contract directly with one another. We recommend entering into an Interlocal Agreement amendment between Capital Metro and the City of Austin. RESPONSIBLE DEPARTMENT: DBE Department LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 26

27 6.6 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA ILA with City of Austin - Employee Transit Passes WHEREAS, the Board of Directors and Capital Metro management desire to continue working cooperatively with the City of Austin to Implement programs that support the City of Austin Climate Protection Program; and WHEREAS, the Board of Directions and Capital Metro management desire to pursue opportunities to reduce traffic congestion and increase ridership. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to finalize and execute an Interlocal Agreement with the City of Austin for Capital Metro Transit Passes in an amount not to exceed $150,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 27

28 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA UT Shuttle/BRT Operations and Maintenance Contract 6.7 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with First Transit, Inc. for UT Shuttle and BRT Operations and Maintenance in an Amount Not to Exceed $57,886,010. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. EXECUTIVE SUMMARY: Capital Metro has provided fixed route services for the University of Texas since August For the duration of this partnership, the operation and maintenance of the UT Shuttle system has been provided by a contracted service provider. This provider also operates some standard fixed route service, including the MetroRail connector service. The term for this contract is a three year base period with two one-year options. Additionally, a separately priced option to operate the MetroRapid service is included in this contract. Costs for the full five year period, inclusive of all options is included in the not to exceed amount. The contractor is required to maintain all required licenses and permits to operate within the Capital Metro service area. The contractor is also required to furnish all supervision, vehicle and facility maintenance, material, supplies, storage, insurance and incidentals as required providing an operationally dependable public transportation service. Capital Metro will provide the fleet, facility and fuel for the operation of this service. First Transit is the existing contractor for this service. First Transit will retain their experienced local team for the new contract. First Transit has proposed additional staff for the MetroRapid service, should that option be exercised. The price submitted in the proposal is $46.60 per scheduled vehicle hour in the first year, with an average increase of 4% in subsequent years. The pricing is based upon an award for approximately 165,000 vehicle hours in each year of the contract. Factors are included to adjust the pricing should the hours of service increase or decrease by more than 15% of the original hours estimate. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence. DBE PARTICIPATION: The contractor will meet this goal utilizing the following DBE contractors. The goal is 5%. DBE SERVICE/PRODUCT % Jah Love Montemayor Hill and Assoc. Aguirre Paint & Body Detail Fleet Accounting Services, NTD Audit Vehicle body repair 5% 1% 1% Page 1 Packet Pg. 28

29 6.7 Total 7 % PROCUREMENT: On 04/26/10 a Request for Proposals was issued and formally advertised. By the closing date of 06/24/10 five proposals were received. Proposals were scored based on the following criteria in descending order of importance: Quality Control Plan, Management Structure and Personnel, Corporate Experience and Past Performance and Price. First Transit, Inc. was rated highest, all factors considered. The price was determined to be fair and reasonable based on adequate competition. The contract is a firm fixed price type contract. The period of performance is three base years and two twelve month options. Pricing for the UT Shuttle fixed route is as follows: Base Term - 3 Year $26,161,005 Option Year 1 $10,244,331 Option Year 2 $10,711,731 Total 5 Years: $47,117,067 RESPONSIBLE DEPARTMENT: Operations Pricing for BRT Operations is as follows: Base Term - Year 2 $0 Base Term - Year 3 $ 2,549,883 Option Year 1 $ 3,984,302 Option Year 2 $ 4,234,758 Total 4 Years: $10,768,943 Total contract pricing: $57,886,010 LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 29

30 6.7 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA UT Shuttle/BRT Operations and Maintenance Contract WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the need to provide UT Shuttle, fixed route and Bus Rapid Transit operations and maintenance services through a contract provider. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee is Authorized to Finalize and Execute a Contract with First Transit, Inc. for UT Shuttle and BRT Operations and Maintenance in an Amount Not to Exceed $57,886,010. RESULT: ADOPTED [6 TO 0] MOVER: John Langmore, Board Member SECONDER: Mike Martinez, Chairman AYES: Chafetz, Silas, Langmore, Fernandez, Martinez, Riley ABSTAIN: Ann Stafford, Justine Hlista Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 30

31 6.7.a DATE: August 31, 2010 CA: CONTRACT: SOLICITATION PROCESS: CONTRACT TYPE: PROPOSALS RECEIVED: PROCUREMENT SUMMARY Request for Proposal # , UT Shuttle and Bus Rapid Transit (BRT) Operation Services Mary Quintero-Herrera Contractor First Transit, Inc. The services that will be provided under this contract include: UT Shuttle operation services Bus Rapid Transit Operation Services This procurement was determined to be suitable for the Request for Proposals (RFP) method because: A complete, adequate and realistic specification or purchase description allowing for competition primarily on the basis of price alone is not available; Discussions or negotiations are needed to address technical requirements as well as proposed cost or price aspects of the offeror s proposal, and; An opportunity may be needed to revise the proposal and submit a final proposal. RFP # was advertised in the Austin American-Statesman on April 26 and May 3, The RFP was posted on DemandStar on May 3, 2010 after review and approval from the Contracts Administrator, Procurement Manager, Procurement Director, Project Manager, Finance and Legal. Advance notices were sent to 22 firms. Twenty-one firms downloaded the solicitation from DemandStar. A pre-proposal conference followed by a site visit of the proposed facility was held on May 18, One Question and Answer document was issued on May 27, 2010 addressing 154 questions. Three Amendments were issued. The contract is a firm, fixed-price contract for the UT Shuttle operation portion of the contract, the BRT pricing will be subject to re-negotiation at the time of award due to the fact that the Procurement of the buses to be used on the BRT is not yet complete and therefore there are some unknown variables. Five proposals were received by the closing date, June 24th, prior to 1:00 p.m., CST. First Transit, McDonald Transit, MV Transportation, Tectrans and Veolia Transportation. EVALUATION MILESTONES: Initial Evaluations Completed: July 26, 2010 Attachment: Procurement Summary- - UT Shuttle & BRT (CMTA : UT Shuttle/BRT Operations and Maintenance Contract) RFP # Page 1 of 3 UT Shuttle & BRT Ops. Packet Pg. 31

32 6.7.a ORAL INTERVIEWS: Evaluation Team Meeting: The evaluation team met July 26th to complete scoring, discuss the total scores of the proposals and to come to a consensus. The initial scoring consensus is attached. Two of the proposals, MV Transportation and Tectrans were removed from further consideration, having unacceptable and marginal ratings. Questions from the evaluation team were sent in advance to the three remaining contractors First Transit, McDonald Transit and Veolia Transportation prior to having oral discussions. Oral discussions were held with the three qualified contractors on August 4 th and 5 th. The invitation letter for the oral discussions included questions raised during the initial evaluation meeting. Contractors were instructed to be prepared to answer those questions during the oral interview. FINAL PROPOSAL FPRs from the three offerors were requested and due by August 18, REVISIONS: (FPR) Additional questions were included instructing the offerors to address them on their FPRs. DETERMINATION OF RESPONSIVENESS: DETERMINATION OF RESPONSIBILITY: Evaluation Team Meeting: The evaluation team picked up the FPRs on August 19 for review. The individual scores were due on August 31, 2010 a consensus was reached by the whole evaluation committee later that same day. The FPR scoring consensus is attached. The evaluation team selected a single firm for award, First Transit, Inc. based on evaluation of initial proposals, responses to questions, oral discussions and final proposal revision.. FPR Scoring Completed: August 31, First Transit Inc. proposal is determined responsive to the solicitation conditions. Offeror s proposal was submitted on the due date and prior to the official closing time. Offeror sent its submittal on the forms and in the format outlined in the solicitation First Transit, Inc. did not take exceptions to solicitation. First Transit Inc. is the incumbent on this contract. Everybody in the evaluation committee agreed that First Transit s performance under the current contract has been satisfactory. Past performance questionnaires were submitted for First Transit, Inc., all with exceptional and very good ratings. First Transit, Inc. is not listed on the State of Texas list of Debarred or Suspended Contractors, or the Federal Government s list of Debarred or Suspended Contractors. First Transit is an operating unit of First Group (based in the United Kingdom), who enjoys the financial backing of a group whose annual revenues exceed 10 billion dollars. First Transit, Inc. increased its financial ratio slightly from in 2008 to in 2009 notwithstanding, acceptable since it is still under 1.0. Debt to Asset Ratio (financial ratio measures a company's solvency < 1 acceptable) PRICE FAIR The Independent Cost Estimate for the base three-year period is $31,746, & REASONABLE Option Year 1 and 2 were estimated at $31,474, for a total of $63,221, This estimate is for both services UT Shuttle and BRT services. The pricing is considered reasonable because: Attachment: Procurement Summary- - UT Shuttle & BRT (CMTA : UT Shuttle/BRT Operations and Maintenance Contract) RFP # Page 2 of 3 UT Shuttle & BRT Ops. Packet Pg. 32

33 6.7.a CONTRACT AWARD: Mary Quintero-Herrera Contracts Administrator Procurement Department Its prices were very competitive compared to Veolia Transportation and McDonald Transit which were the two other Firms within the competitive range. First Transit made its proposal more competitive after reducing its pricing on the FPR by $924, also First Transit s annual escalation in pricing is an average of 3% which is reasonable. The final pricing is roughly 9% below the Independent Cost Estimate. Award to First Transit, Inc. has been approved by the Project Manager and Evaluation Team. The contract includes a three-year base period and two, oneyear options on the Fixed Route portion and one-year base period plus two oneyear options on the BRT Operations portion. The contract will begin with the Notice to Proceed which will be given as of January 3, Pricing for the UT Shuttle fixed route is as follows: Base Term -3 Year Option Year 1 Option Year 2 Total 5 Years: Pricing for BRT Operations is as follows Base Term œ Year 2 Base Term œ Year 3 Option Year 1 Option Year 2 Total 4 Years: $26,161,005 $10,244,331 $10,711,731 $47,117,067 $0 $ 2,549,883 $ 3,984,302 $ 4,234,758 $10,768,943 Total contract pricing: $57,886,010 The pricing for the BRT Operations includes pricing for three years only. BRT services are expected to start on year two ( ) of the contract therefore, the first year ( ) only includes start-up costs but with First Transit being the incumbent there are no start-up costs included. Option year 1 and Option year 2 are detailed above. The two services in the contract are intended to end at the same time September 30, Attachment: Procurement Summary- - UT Shuttle & BRT (CMTA : UT Shuttle/BRT Operations and Maintenance Contract) RFP # Page 3 of 3 UT Shuttle & BRT Ops. Packet Pg. 33

34 6.7.b Capital Metro Evaluation Matrix- RFP Final Proposals Evaluation UT SHUTTLE AND BRT OPERATION SERVICES OFFEROR Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Evaluator 5 Evaluator 6 First Transit A A A A A E McDonald Transit M M A A M A Veolia Transportation A A A A M A RATINGS: E = Excellent: Exceeds evaluation standard in a beneficial way to the Authority, and has a high probability A = Acceptable: Meets evaluation standards; has good probability of satisfying the requirements in the sc M = Marginal: Fails to meet evaluation standards; has low probability of satisfying the requirements in the U = Unacceptable: Fails to meet minimum requirements in the scope of services; deficiency requires a m Attachment: Evaluation Matrix for the Board (CMTA : UT Shuttle/BRT Operations and Maintenance Contract) Packet Pg. 34

35 6.7.b S Team Consensus A M A y of satisfying the cope of services, any e scope of services; has major revision to the submittal Attachment: Evaluation Matrix for the Board (CMTA : UT Shuttle/BRT Operations and Maintenance Contract) Packet Pg. 35

36 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Basic Transportation Needs Fund 6.8 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Create a Basic Transportation Needs Fund with the Purpose to Ensure Low-Income, Transit-Dependent Populations Have Access to Affordable Transit Services. FISCAL IMPACT: Funding for this action is available in the FY2011 capital budget. EXECUTIVE SUMMARY: Staff will work with an ad hoc advisory committee to establish a charitable fund at the Austin Community Foundation. The fund's initial purpose will be to leverage public and private funding to subsidize transit passes for low-income, transit dependent populations. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering. DBE PARTICIPATION: Does not apply. PROCUREMENT: Procurement will post a non-competitive procurement notification of Capital Metropolitan Transportation Authority's intent to enter into a Funding Agreement with Austin Community Foundation. Staff will return to the board for approval to enter into the Agreement after the committee's work is complete. RESPONSIBLE DEPARTMENT: Business Development LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 36

37 6.8 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Basic Transportation Needs Fund WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management endeavors to ensure transit services are affordable to all citizens, including low-income, transit dependent populations; and WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the need to develop new and innovative solutions to meet our community's needs. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to create a Basic Transportation Needs fund with the purpose to ensure lowincome, transit-dependent populations have access to affordable transit services; and BE IT FURTHER RESOLVED that Board of Directors directs the President/CEO, or Her Designee, to convene an ad-hoc committee comprised of members of the Capital Metro Board of Directors, representatives of the philanthropic community and basic needs provider organizations, with a charge to define the purpose, goals and governance of the Basic Transportation Needs Fund, and to establish mechanisms to ensure that funds are used appropriately and for their intended purpose. RESULT: ADOPTED [UNANIMOUS] MOVER: Beverly Silas, Board Member SECONDER: Frank Fernandez, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 37

38 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA January 2011 Service Change 6.9 SUBJECT: Approval of Proposed January 2011 Service Changes. FISCAL IMPACT: Funding is available in the FY2011 operating budget. EXECUTIVE SUMMARY: These changes are in accordance with Capital Metro s Service Standards and are based on recommendations from ServicePlan2020, a 10 year plan to improve bus service. The following proposed changes will increase efficiency of the system by improving route directness and connectivity. If approved, these changes would take effect Sunday, January 16, Consolidate and realign several routes in North Austin Routes 1M, 142, 174, 240, 243 Reallocate Express service resources serving Lakeline and Leander Stations Routes 984, 986, 987 Consolidate routes in Lago Vista and Jonestown; extend service to Cedar Park Route 214 and Northwest Dial-a-Ride Realign and increase Express service to Manor; coordinate with CARTS to extend service to Elgin Route 990 Adjust MetroRail schedule Details forthcoming in separate memorandum The following public meetings have been scheduled in areas impacted by the proposed changes: Capital Metro Congress - Tuesday, September 7, :00-1:30pm Tech Ridge Park & Ride - Tuesday, September 7, :30-6:00pm Capital Metro Congress - Wednesday, September 8, :00-1:30pm ACC Northridge - Wednesday, September 8, :30-7:00pm Leander Station - Monday, September 13, :00-6:30pm Lakeline Station - Tuesday, September 14, :30-6:00pm A Public Hearing has also been scheduled: Capital Metro E. 5th St. - Monday, September 20, :00am 12:00pm These efforts are targeted at capturing feedback from potentially impacted customers. Based upon input received, staff will finalize recommendations and seek approval from the Board of Directors at the September regular Board meeting: Page 1 Packet Pg. 38

39 6.9 Capital Metro E. 5th St.- Friday, September 24, am-noon ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence. DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Strategic Planning LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 39

40 6.9 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA January 2011 Service Change WHEREAS, the Capital Metro Board of Directors wishes to encourage provision of cost-effective fixed-route transit services that respond to and build ridership demand while minimizing impacts on current riders; and WHEREAS, the Board has considered staff comments and recommendations based on comments received during several public meetings and also considered comments received from the Public Hearing; and WHEREAS, the Board wishes to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the service changes described in the attached document dated September 24, 2010 are hereby approved for implementation beginning January 16, RESULT: ADOPTED [7 TO 1] MOVER: John Langmore, Board Member SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Martinez, Riley NAYS: Justine Hlista Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 40

41 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA MetroAccess Policy Changes 6.10 SUBJECT: Approval of a Resolution Adopting the MetroAccess Policy Changes and Authorizing the President/CEO, or Her Designee, to Implement the MetroAccess Policy Changes. FISCAL IMPACT: This action has no fiscal impact. EXECUTIVE SUMMARY: In May 2010, the Board of Directors approved a resolution that, in summary instructed staff and the Metro Mobility Working Group (MMWG) to advance their final policy recommendations on the four outstanding issues (eligibility, open returns, service level, and taxi vouchers). In order to advance policy recommendations that address the Sunset Commission findings and ensure the sustainability of the MetroAccess service, Capital Metro procured the professional dispute resolution services of the Texas Citizens Fund and Dr. Al Abeson. In parallel to this effort, Capital Metro conducted four community outreach meetings. In August 2010 the Board of Directors, received policy recommendations from staff. By resolution, staff was authorized to conduct public input meetings in September with final recommendations to be presented at the September meeting of the Board. Based on the results of the MMWG dispute resolution, the input received during the July outreach effort, and outreach conducted in September, staff advances the following policy recommendations: Service Standard (Level of Service) - Capital Metro will provide three service levels, curb-to-curb, door-to-door and door-through-door (non-residential only). Service Area - The MetroAccess paratransit service area shall be defined as the area within ¾ mile of regular, in-service fixed route bus service. Capital Metro will include a transition period of 90 days up to 12 months for customers that may no longer be eligible for service because they live outside of the ¾ mile corridor. Eligibility - Capital Metro will require the completion and submission of an application with professional verification, an in-person interview and orientation to be conducted by MetroAccess staff, and a functional assessment, if needed, to be conducted by a third party contractor. Eligibility will be granted for up to four years at a time. This policy will include an appeals board that is comprised of a member of ACCESS, a member appointed by the Board of Directors and the Capital Metro ADA Coordinator. Reservations (Call Center Hours)- Reservations for service may be made Monday through Friday, 7:00am - 5:00pm and 8:00am - 5:00pm Saturday and Sunday. Reservations through the call center may be made no more than three days in advance of a trip and no more than six days in advance of a trip if reservations are made on-line or through the IVR system. Non-ADA Paratransit Service (Open Returns) - Capital Metro will offer open return Page 1 Packet Pg. 41

42 6.10 service for medical trips, jury duty and travel return, provided the customer designates an estimated time for return. Taxi Voucher - Based on recent discussions with the Federal Transportation Administration, and the lack of lift-equipped vehicles available by the local taxi service providers, it is staff s recommendation that the Vouchers on Request program be discontinued. Upon completion of the upcoming outreach plan, staff will advance final policy recommendations for approval by the Board of Directors. Subsequent to the policy approval, staff will revise the ADA plan and develop an implementation plan to include: Prioritization Timelines Communication Measuring, monitoring and reporting Customer impact assessment ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth. DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Operations LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 42

43 6.10 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA MetroAccess Policy Changes WHEREAS, the Board of Directors is committed to ensuring that persons with disabilities have access to public transportation; and WHEREAS, Capital Metro operates a comparable and complementary paratransit service to its fixed-route bus service; and WHEREAS, certain policy changes are necessary to ensure the efficient operation and long-term sustainability of the complementary paratransit service; and WHEREAS, it is important to ensure that the public has an adequate opportunity to comment and provide feedback on the proposed changes to the policy. NOW, THEREFORE, BE IT RESOLVED, that the Capital Metro Board of Directors hereby adopts the MetroAccess Policy Changes and authorizes the President/CEO, or Her Designee, to Implement the attached MetroAccess Policy Changes. *The following policy plans recommendation was adopted with a friendly amendment from Board Member Hlista contingent upon Board approval of implementation of a performance measurement plan to bring back to the Board in April, 2011: Eligibility and Appeals Process - Moved by Hlista and seconded by Riley. (8 ayes/0 nays) Service Level - Moved by Silas and seconded by Chafetz. (8 ayes/0 nays) Open Returns - Moved by Silas and seconded by Stafford. (8 ayes/0 nays) Taxi Vouchers - Option 2 - Chair Martinez read the language into the record regarding Taxi Vouchers for Option 2. Moved by Langmore and seconded by Stafford. (7 ayes/0 nays, 1 abstain - Hlista) Service Area - Moved by Fernandez and seconded by Silas. (6 ayes/1nay - Chafetz, 1 abstain - Hlista) Call Center - Moved by Stafford and seconded by Fernandez. (8 ayes/0 nays) Page 3 Packet Pg. 43

44 6.10 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Justine Hlista, Board Member SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Hlista, Martinez, Riley Date: September 24, 2010 Secretary of the Board Beverly Silas Page 4 Packet Pg. 44

45 6.10.a DRAFT Capital Metro Policy on MetroAccess Service Purpose The Board of Directors is committed to ensuring that persons with disabilities have access to public transportation. In accordance with 49 CFR and the Americans with Disabilities Act, the Capital Metropolitan Transportation Authority of Austin, Texas, operates a comparable and complementary paratransit service to its fixed-route bus service. This policy shall define how Capital Metro will provide appropriate paratransit service to the citizens of the service area. Service Standard (Level of Service) The ADA paratransit service provides shared-ride, curb-to-curb, door-to-door, and door-through-door transportation as determined during the passenger s certification and recertification process to eligible individuals within the ADA paratransit service area when conditions allow. The customer s origin and destination must be within the ADA service area as defined by this policy during applicable service hours and days. There shall be no denials of service for ADA eligible trips within the MetroAccess paratransit service area upon a proper request. The duration of a ride shall be comparable to fixed-route service for a similar trip. There shall be no restrictions placed on trips or prioritization of trips based on trip purpose and no capacity constraints. Service Area The MetroAccess paratransit service area shall be defined as that area within ¾ mile of regular, in-service fixed route bus service, mirroring its service area and hours, and is not defined by commuter rail, express, flex or feeder route service. The paratransit service area shall comply with all other requirements of the ADA in 49 CFR (a).The MetroAccess paratransit service area expands and contracts based on regular Capital Metro service changes. Capital Metro will include a 90 day to12 month transition period based on staff assessment of individual needs for customers that may no longer be eligible for service because they live outside of the ¾ mile corridor when the Capital Metro service area changes. Eligibility The MetroAccess paratransit service shall be available to individuals defined as eligible under 49 CFR who are limited by their disability from accessing or using the Capital Metro ADA-accessible bus service. Attachment: _MetroAccess_Service_Policy.DOC (CMTA : MetroAccess Policy Changes) Packet Pg. 45

46 6.10.a To be eligible for service, new and recertified customers must complete an individualized application and participate in an in-person interview and functional assessment process as allowed by 49 CFR An appropriate appeal process meeting the requirements of 49 CFR (g) shall be maintained. Information about the eligibility process shall be made available in accessible formats upon request. Reservations Reservations for service may be made through the call center no more than three (3) days in advance of a trip and no more than six (6) days in advance of a trip on-line or through the Interactive Voice Recognition (IVR) system. Reservation call center hours shall be Monday-Friday from 7:00 a.m. to 5:00 p.m. and Saturday and Sunday from 8:00 a.m. to 5:00 p.m. Trips shall be scheduled within one hour before or after the desired departure time. Fares Fares for MetroAccess paratransit service shall not exceed twice the fixed route base fare that would be charged to an individual paying full fare for a trip of similar length, at a similar time of day on the fixed route system. Non-ADA Paratransit Service Open Returns Capital Metro shall offer open return service for medical trips, jury duty, and travel return, provided the customer designates an estimated time for return. Premium Taxi Voucher on Request Program Capital Metro will not offer a premium taxi voucher on request program. Attachment: _MetroAccess_Service_Policy.DOC (CMTA : MetroAccess Policy Changes) Packet Pg. 46

47 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Railroad Bridge Replacement Plan 6.11 SUBJECT: Approval of a Resolution to Adopt a Railroad Bridge Replacement Plan. FISCAL IMPACT: This action has no fiscal impact. EXECUTIVE SUMMARY: As part of its Railroad Bridge Safety Management Program, the Engineering and Construction Department has developed a priority list of railroad bridges requiring replacement. Each year, this list will be updated to reflect changes and additions as bridges conditions warrant. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth. DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Engineering and Construction LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 47

48 6.11 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Railroad Bridge Replacement Plan WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the need to address it's aging railroad bridge infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to adopt the Railroad Bridge Replacement Plan, and modify it on an ongoing basis as conditions warrant over time. RESULT: ADOPTED [7 TO 0] MOVER: John Langmore, Board Member SECONDER: Norm Chafetz, Board Member AYES: Chafetz, Silas, Langmore, Stafford, Hlista, Martinez, Riley AWAY: Frank Fernandez Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 48

49 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Board of Directors Community Involvement Policy 6.12 SUBJECT: Approval of a Resolution Adopting a Board of Directors Community Involvement Policy. FISCAL IMPACT: This action has no fiscal impact. EXECUTIVE SUMMARY: Public involvement is an integral part of transportation planning. In the early 1970s after the passage of the National Environmental Policy Act (NEPA) in 1968, the federal government, for the first time, required the public to be involved in decisions that affected the environment. In August of 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU requires that transit agencies provide reasonable opportunities to engage the community on planning and service improvement initiatives. Furthermore, the Federal Transit Administration (FTA) emphasizes public involvement in transportation decision making. According to the FTA, meaningful public participation should include focusing on decisions, rather than conducting participation activities as a formality; and involve continuous contact between the transit authority and the public throughout decision making, from identifying needs to implementing decisions (Sunset Commission Staff Report, April 2010). Capital Metro's Board of Directors seeks effective community involvement that improves the quality of its decision-making processes and builds public trust in Capital Metro. Capital Metro through this policy will develop and implement a comprehensive community involvement strategy that integrates, in a meaningful way, the knowledge and opinions of its many stakeholders into its decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes. This policy ensures that all citizens regardless of race, color, religion, income status, national origin, age, gender, disability, marital status, or political affiliation, have an equal opportunity to participate in Capital Metro s decision-making processes to reach informed consent. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering. DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Community Involvement LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 49

50 6.12 Page 2 Packet Pg. 50

51 6.12 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Board of Directors Community Involvement Policy WHEREAS, the Board of Directors believes that effective community involvement improves the quality of decision-making processes and builds public trust in Capital Metro; and WHEREAS, the Board of Directors and Capital Metro management desire to pursue a comprehensive community involvement strategy that includes plans for receiving input for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that a Community Involvement Policy is adopted with procedures that provide the public with access to accurate, understandable, and timely information that facilitates effective involvement in the Authority s decision-making processes and ensures that a diverse range of stakeholders are engaged in the process. RESULT: ADOPTED [7 TO 0] MOVER: Norm Chafetz, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Stafford, Hlista, Martinez, Riley AWAY: Frank Fernandez Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 51

52 6.12.a BOARD OF DIRECTORS COMMUNITY INVOLVEMENT POLICY/PROCEDURES POLICY: It is the policy of the Board of Directors that effective community involvement improves the quality of decision-making processes and builds public trust in Capital Metro. The purpose of this policy is to ensure that Capital Metro integrates, in a meaningful way, the knowledge and opinions of its many stakeholders into its decision-making processes.* PROCEDURES: I. Capital Metro will seek community input that reflects all points of view and will carefully consider this input when making decisions. II. Capital Metro will work to ensure that decision-making processes are open and accessible to all interested parties, including but not limited to: a. Those with limited financial and technical resources b. Persons with limited English proficiency c. Persons with disabilities d. Those with limited past experience participating in transportation decision-making III. Capital Metro will develop and implement a comprehensive community involvement strategy that includes plans for receiving input for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes. Capital Metro s Community Involvement Strategy will include: a. Methods to provide the public with access to accurate, understandable, and timely information to facilitate effective involvement in the decisionmaking process; b. Methods to ensure a diverse range of stakeholders are engaged in the process; c. Methods of providing the community with a sound understanding of the pertinent issues and options Capital Metro is considering; and d. Methods to ensure information and activities are accessible to stakeholders with disabilities and/or limited English proficiency. THE BOARD OF DIRECTORS RESERVES THE RIGHT TO WAIVE THIS POLICY AND THESE PROCEDURES WHEN NECESSARY TO CONDUCT BOARD MEETINGS EFFICIENTLY AND EFFECTIVELY. *For more information refer to the Capital Metro Community Involvement Guide. Attachment: FINAL DRAFT Community Involvement Policy (v.5) (CMTA : Board of Directors Community Involvement Policy) Packet Pg. 52

53 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors CMTA Board of Directors Advisory Committee Policy SUBJECT: Approval of a Resolution Adopting a Board of Directors Advisory Committee Policy. FISCAL IMPACT: This action has no fiscal impact. EXECUTIVE SUMMARY:Pursuant to Section of the Texas Transportation Code which establishes Capital Metro the Board of Directors may adopt rules and regulations and such bylaws, as it deems necessary. In Article II, Section 17 of the Capital Metro Board of Director s Bylaws, the Board of Directors may from time to time establish Board committees/taskforces with specific duties, terms and responsibilities. In Section 18, the Board of Directors also has the authority to establish advisory committees consisting of resident citizens of the Authority s territory. The Board of Directors believes that although no one approach guarantees successful community involvement, effectiveness in communication and building community trust stems from careful planning and attention to creating a balance between the needs of the Authority and the needs of the community. The Capital Metro Board of Directors seeks to adopt an Advisory Committee Policy to enhance community involvement. This policy allows the Board of Directors to restructure the current advisory committees (Customer Services Advisory Committee and Access Advisory Committee) per the bylaws. The restructured committees will follow a new appointments process delineated in this policy. The committees shall have structure, duties, and responsibilities as may be determined by the Board. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering. DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Community Development LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 53

54 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Board of Directors Advisory Committee Policy WHEREAS, the Board of Directors believes that effective community involvement improves the quality of decision-making processes and builds public trust in Capital Metro; and WHEREAS, the Board of Directors and Capital Metro management desire to pursue a comprehensive community involvement strategy that includes plans for receiving input for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes; and WHEREAS, the Board of Directors believes that the efforts of its advisory committee structure should be comprehensive and closely tied to Board decision making and that any policy for advisory committee reporting should ensure consideration of committee input in advance of Board decisions as well as effective tracking of Board adoption, rejection or modification of advisory committee recommendations. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that an Advisory Committee Policy is adopted that allows the Board of Directors to restructure the current advisory committees (Customer Services Advisory Committee and Access Advisory Committee) per the bylaws. The restructured committees will follow a new appointments process delineated in this policy. The committees shall have structure, duties, and responsibilities as may be determined by the Board. The Board seeks this comprehensive approach in order to enhance its decision-making processes as it serves the community-at-large in meeting a variety of transit needs and to ensure an appointment process for the engagement of a diverse range of stakeholders. *Two friendly amendments by Board member Langmore. 1. Under procedure A of the policy - that the amendment says there is a preference that members be transit users. 2. Under section Hiii of the policy and under iii, leave the rest to say it does not require any staff approval to make it to the Board Page 2 Packet Pg. 54

55 RESULT: ADOPTED [7 TO 0] MOVER: Frank Fernandez, Board Member SECONDER: Chris Riley, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Hlista, Martinez, Riley AWAY: Ann Stafford Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 55

56 6.a ADVISORY COMMITTEES POLICY/PROCEDURES Overview: Pursuant to Section of the Texas Transportation Code which establishes Capital Metro the Board of Directors may adopt rules and regulations and such bylaws, as it deems necessary. In Article II, Section 17 of the Capital Metro Board of Director s Bylaws, the Board of Directors may from time to time establish Board committees/taskforces with specific duties, terms and responsibilities. In Section 18, the Board of Directors also has the authority to establish advisory committees consisting of resident citizens of the Authority s territory. The citizen advisory committee shall have structure, duties, and responsibilities as may be determined by the Board. The Board may from time to time establish other advisory committees/taskforces that may include citizen members. The Board of Directors believes that although no one approach guarantees successful involvement, effectiveness in communication and building community trust stems from careful planning and attention to creating a balance between the needs of the Authority and the needs of the community. POLICY: This policy allows the Board of Directors to restructure the current advisory committees- Customer Services Advisory Committee and Access Advisory Committee--using a new appointments process per the bylaws. PROCEDURES: a. Membership: Each committee will consist of nine (9) members. The members of each of the advisory committees will be appointed by each member of the Capital Metro Board of Directors. The Chairman of the Board has two appointments and each of the other members of the Board of Directors has one appointment. Members of each committee will serve at the will of their appointing Board member and their term shall end with the end of their appointing member s term (see section c). The committee representatives will represent diverse backgrounds, abilities and interests, including but not limited to, those who may be limited English speaking or who have disabilities, or who have different levels of experience with public policy and group decision making. These members must live in the Capital Metro service area. There is a preference that members be transit users and may include residents, business owners and other key stakeholders concerned about transit service in the service area. b. Appointment: As per statutory requirements, each member of the Capital Metro Board of Directors will select their appointees based on a recommendation from the President/CEO. 1 Packet Pg. 56 Attachment: FINAL DRAFT Sunset Rec-Restructure Adv Committee v.3 [Revision 1] (CMTA : Board of Directors Advisory Committee