BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, February 25, 2015 at 5:00 p.m. Closed Session: 4:00 p.m. (Items 7A-7D)
Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS H. E. CHRISTIAN PEEPLES, PRESIDENT (AT-LARGE) ELSA ORTIZ, VICE PRESIDENT (WARD 3) JOE WALLACE (WARD 1) GREG HARPER (WARD 2) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) TELECONFERENCE H. E. Christian Peeples, President SunLine Transit Agency 32505 Harry Oliver Trail, Conference Room 1 Thousand Palms, CA 92276 BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891-7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891-7201. Alameda-Contra Costa Transit District
February 25, 2015 1
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MEETING PROCEDURES Public Comment: Members of the public wishing to present comments should complete a Speaker’s Form and submit it to the District Secretary. For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENTS" section of the agenda. For specific agenda item(s), speakers will be invited to address the Board/Standing Committee(s) at the time the item is being considered. All speakers are allowed two (2) minutes to present comments. Individuals wishing to present more detailed information are encouraged to submit comments in writing. Written comments are included in the record for meeting(s), and as such, are available for public inspection and may be posted to the District’s website. Electronic Devices: All electronic devices (cell phones, pagers and similar-sounding devices) shall be placed on mute, vibrate or silent mode during Board and Committee meetings pursuant to District Ordinance No. 12. Time of Meetings: Times included on this agenda for commencement of Standing Committee meetings are estimates only. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole. Order of Agenda Items: The Board or Standing Committee(s) may discuss any item listed on this agenda and in any order. Agenda Planning: The Agenda Planning portion of the agenda is designed to assist the Board and staff in the preparation of future Board and Committee agendas. Each item requested shall have the concurrence of at least two Directors in order to place a proposed agenda item on a future agenda. LIVE AUDIO STREAMING OF BOARD AND COMMITTEE MEETINGS Live audio streaming and an archive of previously recorded meetings is available on the District’s website at www.actransit.org. For technological reasons, recordings of meetings held outside of the Board Room cannot be streamed to the web. AVAILABILITY OF AGENDA RELATED MATERIALS Written agenda related materials for all open session regular meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be available to the public at that time, or after the meeting if supplied by an outside party. Agenda related materials are available on the District’s website or by contacting the District Secretary’s Office. ACCESSIBLE PUBLIC MEETINGS Meetings of the Board of Directors are accessible to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a hearing impairment. Written materials in appropriate alternative formats, disability-related modification/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891-7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus th service is provided at the intersection of Broadway and 17 Street in Oakland. The nearest accessible BART station th is the 19 Street Station in Oakland. District Ordinance No. 13 prohibits bringing non-service animals to District facilities unless specifically authorized by federal or state law. To accommodate individuals with severe allergies and environmental illnesses, meeting participants should refrain from wearing scented products to the meeting.
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BOARD OF DIRECTORS MEETING – H. E. Christian Peeples, President Wednesday, February 25, 2015 at 5:00 p.m. 1.
ROLL CALL
2.
PUBLIC COMMENT
3.
CONSENT CALENDAR
Staff Contact or Presenter
Any person may directly address the Board at this time on any items of interest to the public that is within the subject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invited to address the Board at the time the item is being considered. Two (2) minutes are allowed for each item.
Items listed under the Consent Calendar are considered to be routine and may be enacted by one motion/one vote. If discussion is desired, an item may be removed from the Consent Calendar and will be considered individually.
3A. Consider approving Board of Directors and Standing Committee minutes of February 11, 2015.
Linda Nemeroff 891-7284
3B. Consider receiving the Quarterly Retirement Board Report (Report 15077).
Hugo Wildmann 891-4889
3C. Consider receiving Retirement Board minutes of January 21, 2015 (Report 15-055).
Hugo Wildmann 891-4889
4.
REGULAR CALENDAR
4A. Consideration of amendments to Board Policy 364 (Revenue and Grant Policies) regarding pass-through funding arrangements (Report 14285c).
James Pachan 891-7215
RECESS TO STANDING COMMITTEES (as the Committee of the Whole)
Speakers will be invited to address a Committee at the time an item on the agenda is being considered or under Public Comment for items not on the agenda. Immediately following the Standing Committee Meetings, the Board meeting will reconvene at which time the Board may take action on any of the following Committee agenda items.
ALL COMMITTEES ARE ADVISORY ONLY. A.
EXTERNAL AFFAIRS COMMITTEE – Mark Williams, Chairperson Held immediately following the Board Meeting recess.
A-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Briefing/Action Items: A-2.
Consider recommending receipt of the Monthly Legislative Report and approval of legislative positions (Report 15-056).
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February 25, 2015 3
Aida Asuncion 891-4979
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B.
FINANCE AND AUDIT COMMITTEE – Jeff Davis, Chairperson Held immediately following the External Affairs Committee meeting.
B-1.
Public Comment (for items not on the agenda)
Staff Contact or Presenter(s)
Consent Items: B-2.
Consider recommending receipt of the Monthly Report on Investments for December 2014 (Report 15-057).
James Pachan 891-7215
B-3.
Consider recommending receipt of the FY 2014-15 Second Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 15-058).
Linda Nemeroff 891-7284
B-4.
Consider recommending receipt of the FY 2014-15 Second Quarter Employee and Non-Employee Out-of-State Travel Report (Report 15059).
James Pachan 891-7215
B-5.
Consider recommending receipt of the FY 2014-15 Second Quarter Surplus and Obsolete Materials Report (15-060).
James Pachan 891-7215
B-6.
Consider recommending receipt of the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 15-061).
James Pachan 891-7215
B-7.
Consider recommending receipt of the Bi-Monthly Budget Update for the period of November and December 2014 (Report 15-062).
James Pachan 891-7215
Briefing/Action Items: B-8.
Consider recommending receipt of staff's proposed FY 2015-16 Budget Goals and Objectives, Assumptions, and Projections (Report 15-033a).
James Pachan 891-7215
B-9.
Consider recommending adoption of Resolution No. 15-009 authorizing the General Manager or his designee to file and execute applications and funding agreements, and certifications and assurances with the California Department of Transportation (Caltrans) for allocations of Low Carbon Transit Operations Program (LCTOP) funds for the Richmond Division 3 Project (Report 15-036).
James Pachan 891-7215
B-10. Consider recommending adoption of Resolution No. 15-001 approving amendments to Board Policy 354 – Procurement Protest Procedures and repeal Resolution No. 07-049 (Report 15-023a). [Continued from the
Phillip McCants 891-5443
January 28, 2015, Finance and Audit Committee meeting]
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RECONVENE BOARD OF DIRECTORS MEETING H. E. Christian Peeples, President 5.
REPORTS OF STANDING COMMITTEES
The District Secretary will report on the recommendations made by the Committees, including those items referred to the Consent Calendar Addenda. If discussion or comment is desired, any person may request that an item be considered individually.
A. EXTERNAL AFFAIRS COMMITTEE: A-2. Consider receiving the Monthly Legislative Report and approval of legislative positions (Report 15-056). B. FINANCE AND AUDIT COMMITTEE: B-2. Consider receiving the Monthly Report on Investments for December 2014 (Report 15-057). B-3. Consider receiving the FY 2014-15 Second Quarter Travel and Meeting Expense Report for Directors and Board Officers (Report 15-058). B-4. Consider receiving the FY 2014-15 Second Quarter Employee and NonEmployee Out-of-State Travel Report (Report 15-059). B-5. Consider receiving the FY 2014-15 Second Quarter Surplus and Obsolete Materials Report (15-060). B-6. Consider receiving the Quarterly Report on the Status of all Contracts and Purchase Orders over $50,000 (Report 15-061). B-7. Consider receiving the Bi-Monthly Budget Update for the period of November and December 2014 (Report 15-062). B-8. Consider receiving staff's proposed FY 2015-16 Budget Goals and Objectives, Assumptions, and Projections (Report 15-033a). B-9. Consider adoption of Resolution No. 15-009 authorizing the General Manager or his designee to file and execute applications and funding agreements, and certifications and assurances with the California Department of Transportation (Caltrans) for allocations of Low Carbon Transit Operations Program (LCTOP) funds for the Richmond Division 3 Project (Report 15-036). B-10. Consider adoption of Resolution No. 15-001 approving amendments to Board Policy 354 – Procurement Protest Procedures and repeal Resolution No. 07-049 (Report 15-023a). [Continued from the January 28,
Staff Contact or Presenter(s) Linda Nemeroff 891-7284
Aida Asuncion 891-4979
James Pachan 891-7215 Linda Nemeroff 891-7284 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215 James Pachan 891-7215
Phillip McCants 891-5443
2015, Finance and Audit Committee meeting]
6.
CONSENT CALENDAR ADDENDA
7.
CLOSED SESSION/REPORT OUT
The Board is requested to authorize as recommended from the committee meetings above. Denise Standridge
The items for consideration are listed below and will be reported on by the General Counsel as necessary at the end of the meeting.
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7A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9 (a))
Quarterly Litigation Report
Newton v. AC Transit, ACSC No. RG13-667254; Crawford v. AC Transit, ACSC No. RG13-699315; Thompson v. AC Transit, ACSC No. RG14-720814; Dangerfield v. AC Transit, ACSC No. RG14-720807; Malone v. AC Transit, ACSC No. RG14-720784; Russell v. AC Transit, ACSC No. RG13-699055; Edwards v. AC Transit, ACSC No. RG13-692596; Turner v. AC Transit, ACSC No. RG14-730788; Johnson v. AC Transit, U.S. Dist. Ct. (Northern District), No. C14-3288 EDL; Forest Ambulatory Surgical Associates, L.P., et al. v. United Healthcare Insurance UnitedHealth Group, Inc., et al., U.S. Dist. Ct. (Central District), No. C12-02916 PSG-FFM; Freeman v. AC Transit, ACSC No. RG13-683635; Successor Agency to the Redevelopment Agency of the City of Berkeley, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001505; El Cerrito Redevelopment Agency, et al. v. Michael Cohen, et al., SCSC No. 342013-80001671; City of San Leandro, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001708; City of Pinole, et al. v. Michael Cohen, et al., SCSC No. 34-2013-80001692; N. Harris v. AC Transit, ACSC No. RG14-737527; and Claim of B. Williams (14-3274).
7B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
7C. Conference with Labor Negotiators
(Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
7D. Public Employee Performance Evaluation
(Government Code Section 54957) Title: General Manager, General Counsel, District Secretary
8.
GENERAL MANAGER’S REPORT
9.
BOARD/STAFF COMMENTS (Government Code Section 54954.2)
10.
AGENDA PLANNING
11.
ADJOURNMENT Next Meeting: March 11, 2015, at 5:00 p.m.
Alameda-Contra Costa Transit District
David Armijo
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BOARD OF DIRECTORS CONSENT CALENDAR
February 25, 2015 Agenda Items 3A – 3C
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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Regular Meetings of the Board of Directors and the Planning and Operations Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, February 11, 2015 at 5:00 p.m. Closed Session: 4:00 p.m. {Items 9A-9D) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS H. E. CHRISTIAN PEEPLES, PRESIDENT (AT-LARGE} ELSA ORTIZ, VICE PRESIDENT (WARD 3} JOE WALLACE (WARD 1} GREG HARPER (WARD 2} MARK WILLIAMS (WARD 4} JEFF DAVIS (WARD 5} JOEL YOUNG (AT-LARG E} BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
Alam eda-Contra Costa Transit District
February 11, 2015
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ACTION SUMMARY
BOARD OF DIRECTORS MEETING- H. E. Christian Peeples, President Wednesday, February 11, 2015 at 5:00p.m.
! The Alameda-Contra Costa Transit
District Board of Directors held a i regular meeting on Wednesday, February 11, 2015. i
/ The meeting was called to order at 4:06 p.m. for the purpose of i Closed Session. All Board members were present. The General Counsel announced that the Board would convene in Closed Session i to discuss Items 9A-D as listed on the agenda. Closed Session concluded at 4:50 p.m.
i i I
I At 5:03 p.m., President Peeples called the Board of Directors meeting i to order. '
1.
[ ROLL CALL I Present: Wallace, Harper, Williams, Davis, Young, Ortiz, Peeples I I Absent: None
i
PRESENTATIONS 2. 2A.I Recognition of Director Harper for service as the 2013-2014 President of the Board of Directors.
RECOGNITION PLAQUE PRESENTED
l '
I President Peeples presented Director Harper with a plaque recognizing
i his service as Board President for 2013-2014.
INFORMATION ONLY
2B.I Update on Federal legislative activities. (Verbal)
I
! Steve Palmer of Van Scoyoc Associates reported on the following: The new Congress and the current environment in Washington; The six-year $478 billion Transportation Authorization Bill which . includes $27.6 million for the AC Transit Bus Rapid Transit (BRT) project and $500 million for future BRT projects; Options under consideration for funding the Transportation Highway Trust Fund such as the repatriation of corporate taxes from overseas; and Upcoming deadlines: the debt limit in March, the Highway Trust Fund in May, and appropriations to fund the budget.
I
i Mr.
Palmer addressed questions from the Board regarding corporate tax repatriation, the need to lobby for a long-term I transportation bill, the effectiveness of the American Public Transit J Association's lobbying efforts toward attaining more funding for transit, and the role of Senator DeSaulnier and Congressman Swalwell i in advocating for public transit.
I the i !
I Presented for information only. Alameda-Contra Costa Transit District
No action was taken. February 11, 2015 10
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3.
PUBLIC COMMENT Joseph Chow commented on the line 51 construction projects on Webster Street in Alameda, saying that several projects were going on at the same time and disrupting the existing bus service. Jane Kramer commented on transparency and accountability with regard to the Board Ethics Training on January 281h. She observed that the critical issue seemed to be "intent"; however, she did not think it was defined and seemed to mean different things for public meetings versus Closed Sessions.
4.
CONSENT CALENDAR MOTION: WALLACE/WILLIAMS to approve the Consent Calendar as presented. The motion carried by the following vote:
APPROVED AS INDICATED
AYES:7: Wallace, Williams, Harper, Davis, Young, Ortiz, Peeples 4A. Consider approving Board of Directors and Standing Committee minutes of January 14, 2015. (without exhibits) 4B. Consider approving Board of Directors and Standing Committee minutes of January 28, 2015. (without exhibits) 4C. Consider approving Board of Directors minutes of January 28, 2015. (Special Meeting) 40. Consider authorizing the General Manager to travel to the Alternative Clean Transportation Expo 2015, May 4-7, 2015 in Dallas, Texas (Report 15-068). 5.
REGULAR CALENDAR
SA. Consider adoption of Resolution No. 15-012 approving amendment 15-A-17, which deletes Amendment 13-A-16 from the AC Transit Employees' Retirement Plan the plan in its entirety (Report 15-0lla).
ADOPTED
There was no presentation of the staff report. MOTION: ORTIZ/WALLACE to adopt Resolution No. 15-012 approving amendment 15-A-17, which deletes Amendment 13-A-16 from the AC Transit Employees' Retirement Plan in its entirety. The motion carried by the following vote: AYES:7: Ortiz, Wallace, Harper, Williams, Davis, Young, Peeples SB. ! Consider approving contract award to Platinum Advisors for state lobbying services (Report 14-268a).
i
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February 11, 2015 11
APPROVED
Page 3 of 13
There was no presentation of the staff report. Director of Legislative Affairs and Community Relations Beverly Greene introduced Julie Waters as the new External Affairs Representative for West Contra Costa County. MOTION: WILLIAMS/WALLACE to approve contract award to Platinum Advisors for state lobbying services. The motion carried by the following vote: AYES:7: Williams, Wallace, Harper, Davis, Young, Ortiz, Peeples 5C.
Receive update on the recruitment of representatives for the Retirement Board and provide direction to staff as to next steps in the process (Report 14-245a).
REPORT RECEIVED AND DIRECTION GIVEN
District Secretary Linda Nemeroff presented the staff report. Members of the Board agreed that the current non-ATU representative should be reappointed to the Retirement Board. Opinions were mixed as to whether or not the Board's current public representatives should be reappointed or whether interviews should be held. Direction was given to conduct interviews of the Board's top 2 or 3 candidates (other than the current incumbents) on March 11, 2015. Members of the Board are to email the District Secretary their top 2 or 3 preferences for interviews no later than February 13, 2015. Formal action on the appointment of the non-ATU representative to occur at the time the public member representatives are chosen. 6.
BOARD WORKSHOP
6A. Report on Alameda County Measure BB revenues and the District's
RECEIVED
preliminary equipment, facility, and service enhancement plans (Report 15-041).
{The PowerPoint presentation given at the meeting is incorporated into the file by reference.] Acting Capital Planning and Grants Manager Chris Andrichak presented the staff report. Vice President Ortiz expressed concern that 15% of the Measure BB operating funds would be set aside for reserves and that some funds would be used as matching funds for capital grants. She further inquired about funding for the rehabilitation of Division 3 in Richmond. Mr. Andrichak explained that while Measure BB is set aside for Alameda County, it would free up other funds that could be reallocated to the Division 3 project. General Manager David Armijo added that Alameda-Contra Costa Transit District
February 11, 2015
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the bus storage capacity at Division 3 is critical for the service expansion and would save a million dollars a year in deadhead time. Vice President Ortiz suggested that staff work with officials in Contra Costa County to ensure that sufficient money is available for Division 3 and senior fare discounts as part of a sales tax measure in that County. Director Wallace advised that the West Contra Costa Transportation Advisory Committee formed a subcommittee to focus on reduced fares for students and seniors. Mr. Armijo advised that the District intends to work very closely with the County. While pleased with the proposed service expansion, Director Young was concerned about the District's contingency plan in the event the District's own measure to extend the current parcel tax did not pass. Mr. Armijo advised that service improvements are dependent on the capacity at the divisions and how fast vehicles could be purchased. Director Harper commented on possibility of relocating Division 3 to another area given the City of Richmond's interest in redeveloping the property. He mentioned the possibility of reopening discussions with Chevron on another site, but added that the District needed to decide whether to go against what the City wants. Director Davis inquired about the use of Measure BB funds for administrative staff. Mr. Armijo advised that the funds would be used for a minimal number administrative staff.
Public Comment: Dave Lyons reminded the Board that Measure BB is a regressive tax that will be felt more by low income communities and, as such, needed to be used to restore service in underserved communities. He added the focus needed to be on quality of life for the transit dependent and expediting access to the free youth bus pass and Clipper. MOTION: WILLIAMS/YOUNG to receive the report on Alameda County Measure BB revenues and the District's preliminary equipment, facility, and service enhancement plans. The motion carried by the following vote: AYES:G: Williams, Young, Harper, Davis, Ortiz, Peeples ABSENT:l: Wallace (out of seat) GB. Update on the Short Range Transit Plan operating and capital budget projections (Report 14-033c).
RECEIVED
Senior Transportation Planner Nathan Landau gave an overview of proposed language for Chapters S, 6, and 7 of the Draft Short Range Transit Plan. Alameda-Contra Costa Transit District
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Vice President Ortiz inquired about the inclusion of discretionary funds in the annual budget. Acting Capital Planning and Grants Manager Chris Andrichak responded that these types of funds are not included in the budget because there is no certainty that they will be received. Director Harper commented on the vast amount of AC Transit service/service hours in Oakland and asked how the District could work with the City to make the service in downtown more efficient. Director of Service Development Robert del Rosario commented on coordination efforts through the Alameda County Transportation Commission on the Countywide Transit Plan and the Multi-Modal Arterial Study. He said that the City accepts Broadway as a transit corridor and there are many ideas on how to improve service on the corridor. President Peeples asked when the reference to the MacArthur BRT would be eliminated as a consideration since it was not suitable for the corridor. Mr. landau advised that the issue should be resolved through the Major Corridors Study. MOTION: YOUNG/ORTIZ to receive the update on the Short Range Transit Plan operating and capital budget projections. The motion carried by the following vote: AYES:7: Young, Ortiz, Harper, Wallace, Williams, Davis, Peeples
RECESS TO STANDING COMMITTEES (as the Committee of the Whole} The Board meeting recessed to the Standing Committees at 6:15 p.m. All COMMITTEES ARE ADVISORY ONLV. A.
I PLANNING COMMITTEE- Greg Harper, Chairperson \ The Planning Committee convened at 6:15 p.m. All Committee ! members were present.
ACTION SUMMARY
! Public Comment (for items not on the agenda)
I There was no public comment offered.
I! Consent Items: i MOTION:
WALLACE/ORTIZ to forward to the Consent Calendar I Addenda recommending receipt or approval as indicated. The motion I carried by the following vote:
RECOMMEND RECEIPTOR APPROVAL AS INDICATED
li AYES:7: Wallace, Ortiz, Williams, Davis, Young, Peeples, Harper I Alameda-Contra Costa Transit District
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A-1.[ Consider recommending receipt of Quarterly Report on the East Bay Bus Rapid Transit Project (Report 15-042).
I
A-2.j Consider recommending receipt of the Quarterly Report on the J Transbay Transit Center Project (Report 15-043). ! A-3.1 Consider recommending receipt of Quarterly Report on the District's I involvement in external planning processes (Report 15-044).
I
I Director Williams asked if there was any progress to report on the Eden I Area livability Initiative. Senior Transportation Planner Nathan landau I replied that the Initiative focuses more on public services, health and
i agriculture
than transportation and land use. He added that the I Ashland-Cherryland Business District Specific Plan calls for i transportation improvements and the Planning Department has been i involved in that plan.
!
A-4.1 Consider recommending that the General Manager be authorized to ! extend the West Bay Builders construction contract completion date I to December 31, 2015 for the line 51 Corridor Delay Reduction and Sustainability (CDRS) Project (Report 12-297f).
i t
I Briefing/Action Items: A-s.i Consider recommending receipt of report on coordination efforts ! with the City of Oakland to plan detour service for the Oakland I Running Festival [Requested by Director Peeples 3/26/14; revised ! 12/31/14] (Report 15-050).
RECOMMEND RECEIPT
I Director of Service Development Robert del Rosario presented the staff ! report.
I MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda I recommending receipt. The motion carried by the following vote: I AYES:7: Ortiz, Young, Wallace, Davis, Williams, Peeples, Harper !
A-6.! Consider recommending receipt of report on the Major Corridors Study (Report 15-053).
RECOMMEND RECEIPT
Senior Transportation Planner Mika Myasoto presented the staff report.
I MOTION:
WILLIAMS/ORTIZ to forward to the Consent Calendar j Addenda recommending receipt. The motion carried by the following ! vote:
'
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AYES:7: Williams, Ortiz, Wallace, Davis, Young, Peeples, Harper A-7 Consider recommending receipt of report on potential funding for District projects and programs through the State's Cap and Trade Program (Report 15-065).
RECOMMEND RECEIPT
Senior Capital Planning Specialist Ben Stupka presented the staff report. MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:7: Ortiz, Williams, Wallace, Harper, Davis, Young, Peeples The Planning Committee adjourned at 6:41 p.m. B.
OPERATIONS COMMITTEE- Joe Wallace, Chairperson The Operations Committee convened at 6:41 p.m. All Committee [ members were present. l
I
ACTION SUMMARY
i Public Comment (for items not on the agenda)
I Jayne Kramer commented that the bus bunching problem on line SlA ! had not been resolved, despite claims at the last meeting that it had ! been.
I
i Consent Items: [ MOTION: YOUNG/WilLIAMS to forward to the Consent Calendar [ Addenda recommending receipt or approval as indicated. The motion i carried by the following vote:
RECOMMEND RECEIPTOR APPROVAL AS INDICATED
l
! AYES:7: Young, Williams, Harper, Ortiz, Davis, Peeples, Wallace l
B-1.[ Consider recommending receipt of the Quarterly Operations I Performance Report for AC Transit fixed route services (Report 15l 046). B-2.1 Consider recommending that the General Manager be authorized to l exercise a two-year contract option with Claremont EAP for the I District's Employee Assistance Program (Report 15-039). i B-3! Consider recommending authorization to release a solicitation for Workers' Compensation Third Party Administrator Services, Managed Care Program, Claims Reporting/Intake System, and Occupational Safety and Health Administration reporting services (Report 15-064).
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Director Williams left the meeting at 6:44 p.m. Briefing/Action Items: B-4 Consider recommending receipt of report on set asides for small business participation spanning the past two years [Requested by Director Ortiz -10/22/14) (Report 15-047).
RECOMMEND RECEIPT
[A copy of Board Policy 326- Disadvantaged Business Enterprise (DBE) Policy, was distributed at the meeting for the Committee's consideration.] Contract Compliance Administrator Phillip McCants presented the staff report. Vice President Ortiz noted the small number of contracts set aside for Small Business Enterprises since 2013. Mr. McCants advised that an amendment to Board Policy 326 to increase the dollar threshold on contracts set aside for small business participation may help improve the numbers. Vice President Ortiz also requested that a micro-business element be added to the policy to provide contracting opportunities for small, local businesses. Mr. McCants agreed, noting that the Bay Area Rapid Transit District had a micro purchase program that he would investigate. President Peeples asked if the District was doing a better or worse job at getting people to register as vendors, noting that most businesses felt it took too much time and effort. Mr. McCants advised that while the District is doing better, there was room for improvement. MOTION: YOUNG/ORTIZ to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:S: Young, Ortiz, Davis, Peeples, Wallace ABSENT:2: Harper (out of seat), Williams B-5 Consider recommending receipt of an update on the Federal Transit Administration (FTA) Triennial Audit (Report 15-013).
RECOMMEND RECEIPT
Manager of Internal Audit Alan Parella presented the staff report.
I Discussion
ensued regarding the FTA's finding that the ADA No-Show Policy was unreasonable. Accessible Services Manager Mallory NestorBrush advised that information was submitted to the FTA on our practices and processes and close-out of this issue by the FTA was anticipated.
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i MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda i recommending receipt. '
The motion carried by the following vote:
i AYES:6: Ortiz, Young, Harper Davis, Peeples, Wallace I ABSENT:l: Williams B-6.1 Consider recommending that the General Manager be authorized to l release a Request for Proposals (RFP) for consultant services for the [ Paratransit Coordinator's Office for the East Bay Paratransit l Consortium (Report 15-066).
RECOMMEND RECEIPT
I
There was no presentation ofthe staff report. / MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda
! recommending approval. The motion carried by the following vote: ' )
[ AYES:6: Ortiz, Young, Harper, Davis, Young, Peeples, Wallace ABSENT:l: Williams J
B-7.1 Consider recommending adoption of Resolution No. 15-004 j authorizing the destruction of designated records maintained by the District Secretary's Office (Report 15-028).
!
RECOMMEND ADOPTION
I District Secretary Linda Nemeroff presented the staff report. I
1
i MOTION: PEEPLES/HARPER to forward to the Consent Calendar i Addenda recommending approval. The motion carried by the following
I vote:
I AYES:6: Peeples, Harper, Ortiz, Davis, Young, Wallace J
ABSENT:l: Williams
B-8.1 Consider recommending approval of amendments to Board Policy 163 Public Hearing Process for the Board of Directors [Requested by ! Director Peeples) (Report 15-051).
i-
RECOMMEND APPROVAL
i
j District Secretary Linda Nemeroff presented the staff report.
Ii MOTION:
YOUNG/ORTIZ to forward to the Consent Calendar Addenda 1 recommending approval. The motion carried by the following vote: I
li AYES:6: Young, Ortiz, Harper, Davis, Peeples, Wallace
I ABSENT:l: Williams
I i The Operations Committee adjourned at 7:07 p.m. i Alameda-Contra Costa Transit District
February 11, 2015 18
Page 10 of 13
RECONVENE BOARD OF DIRECTORS MEETING H. E. Christian Peeples, President The Board of Directors meeting reconvened at 7:07 p.m. All Board members were present except for Director Williams who was absent.
7.
~
REPORTS OF STANDING COMMITTEES District Secretary Linda Nemeroff reported that all of the items from I the Planning and Operations Committee meetings had been referred i to the Consent Calendar Addenda recommending receipt, approval or adoption as presented.
i
I I CONSENT CALENDAR ADDENDA
ACTION SUMMARY
REPORT GIVEN
i
8.
I MOTION: J
!
WALLACE/ORTIZ to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated. The motion carried by the following vote:
RECEIVED, APPROVED OR ADOPTED AS INDICATED
I ! AYES:6: Wallace, Ortiz, Harper, Davis, Young, Peeples
I ABSENT:l: Williams
I The items brought before the Board were as follows: A. i PLANNING COMMITTEE: A-1.1 Consider receiving the Quarterly Report on the East Bay Bus Rapid I Transit Project (Report 15-042). A-2.! Consider receiving the Quarterly Report on the Transbay Transit Center I' Project (Report 15-043). A-3.! Consider receiving the Quarterly Report on the District's involvement in I external planning processes (Report 15-044). A-4.! Consider authorizing the General Manager to extend the West Bay ! Builders construction contract completion date to December 31, 2015 I for the line 51 Corridor Delay Reduction and Sustainability (CDRS) I Project (Report 12-297f). A-S.l Consider receiving report on coordination efforts with the City of Oakland to plan detour service for the Oakland Running Festival I [Requested by Director Peeples 3/26/14; revised 12/31/14] (Report lS050). A-6.1 Consider receiving report on the Major Corridors Study (Report 151 053).
I i
A-7.! Consider receiving report on potential funding for District projects and ! programs through the State's Cap and Trade Program (Report 15-065). B. I OPERATIONS COMMITTEE: B-l.J Consider receiving the Quarterly Operations Performance Report for iI AC Transit fixed route services (Report 15-046). B-2.1 Consider authorizing the General Manager to exercise a two-year ! contract option with Claremont EAP for the District's Employee ! Assistance Program (Report 15-039). Alameda-Contra Costa Transit District
February 11, 2015 19
Page 11 of 13
B-3 Consider authorizing the release a solicitation for Workers' Compensation Third Party Administrator Services, Managed Care Program, Claims Reporting/Intake System, and Occupational Safety and Health Administration reporting services (Report 15-064). B-4 Consider receiving report on set asides for small business participation spanning the past two years [Requested by Director Ortiz- 10/22/14] (Report 15-047). B-5 Consider receiving an update on the Federal Transit Administration Triennial Audit (Report 15-013). B-6 Consider authorizing the General Manager to release a Request for Proposals (RFP) for consultant services for the Paratransit Coordinator's Office for the East Bay Paratransit Consortium (Report 15-066). B-7 Consider adoption of Resolution No. 15-004 authorizing the destruction of designated records maintained by the District Secretary's Office (Report 15-028). B-8 Consider approving amendments to Board Policy 163- Public Hearing Process for the Board of Directors [Requested by Director Peeples] (Report 15-051).
CLOSED SESSION/REPORT OUT There was nothing to report out from Closed Session.
9.
9A.
NO REPORT
Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))
Scott v. AC Transit, ACSC Case No. RG14733686, Claim No. 13-4589
98.
Conference with Legal Counsel - Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
9C. Conference with Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
9D.
Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager, General Counsel, District Secretary
10.
AGENDA PLANNING No new items were added to Agenda Planning.
11. I GENERAL MANAGER'S REPORT
INFORMATION
The General Manager's report is incorporated into the minutes by ! reference as Exhibit A. 1
Alameda-Contra Costa Transit District
February 11, 2015 20
ONLY
Page 12 of 13
12.
BOARD/STAFF COMM ENTS M embers of the Board commented on meetings and events attended since the last meeting.
13.
ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 7:23p.m. The next meeting of the Board of Directors is scheduled for Wednesday, February 25, 2015.
Respectfully submitted,
u~~-_,) Neme~~
linda A. District Secretary
Alameda-Contra Costa Transit District
February 11, 2015
21
Page 13 of 13
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22
Staff Report 15-077
AC Transit Enmloyees' Retirement System
(510) 891·7257 fax (510) 891 ·7169
[email protected]
To:
AC Transit Board of Directors
From:
Jeffrey Lewis- Chair, AC Transit Retirement Board
Re:
2015 Quarterly Retirement Board Report (#1)
February 2015
The first Quarterly Report of the year will focus on the following: 1) 2) 3) 4)
The Plan's investment results in 2014. The Plan's investment results over the longer tenn. The upcoming Experience Study and Actuarial Valuation. Communication between our Boards.
2014 Investment Results In 2014, the Plan's investments returned roughly 4.3%. The Plan had roughly $563 million in assets on 12/31114, which was an increase of $15 million from the $547 million in assets on 12/31/13. Overall, equity markets produced mixed results in 2014. International and emerging markets declined while U.S. markets produced positive returns. While the broad U.S. stock market (Russell3000) was up by 12.6%, non-U.S. equity markets (EAFE) declined by 4.9%. The domestic U.S. bond market (Barclays Aggregate) returned 6.0% for the year. As you know, the Plan's assets are invested in a diversified portfolio, including U.S. stocks, bonds, other fixed income investments, international stocks, emerging markets, real-estate and other types of investments. The investment return of 4.3% was below the Plan's actuarially assumed rate of7.25%. As a result of the return on the Plan's assets falling short of the assumed rate of return, the Districfs contribution will increase (all other things being equal) in the upcoming year. As a result of the rather complex smoothing methodology used by the Plan, the impact for the upcoming year should be less than $0.5 million while it could exceed $2.0 million in 2018. This assumes all other assumptions are met. We will of course provide J?Ore detail on this once we obtain additional information from our actuary. In 2013 our active managers outperformed their benchmarks while in 2014 they underperformed. In 2014 a majority of our active managers underperformed their benchmarks, as did most other active managers. The Board (with the help of our Investment Consultant, NEPC) continually monitors our active managers and when appropriate will terminate a manager. (over) The AC Transit Employees' Retirement System is dedicated to providing a secure and predictable source of retirement income for eligible employees, retirees and beneficiaries 1600 Franklin Street Oakland, CA 94612
23
Longer-Term Investment Results
Over the last I 0 years, the Plan, has returned 5.7%. Over the last 5 years the Plan's return has averaged 8. 7%. The Plan's actuarially asswned earnings rate is now 7.25%. Since its inception, the Plan has returned 8.1% on an annual basis. Since the market meltdown in 2008 equity markets have produced stellar returns. I think it is worth making the point again that we will most likely in the near future undergo a period when the equity markets decline in value. In the event that this happens, we will continue to invest the Plan's assets in a diversified portfolio. We should not view a decline in the equity markets or a year in which the Plan does not achieve a positive return as a cause for concern or alarm. It is something that one should expect at least once every decade. Upcoming Experience Study and Actuarial Valuation
On an annual basis our actuary (Cheiron) produces an Actuarial Valuation, while typically every three years Cheiron will also complete an Experience Study. This year . we are due for an Experience Study. As in the past it will focus on the specific results bf the AC Transit population and provide our Board with guidance on the possible need to · change some of the demographic assumptions. · As we have mentioned on several occasions, one of the areas our actuary will focus on this year are the asswnptions pertaining to mortality. Over the last few years the actuarial profession has increased its concerns pertaining to mortality assumptions being used that are not fully taking into account the, improvement in mortality that the profession is , seeing. It is likely that once our actuary reviews our mortality data he will recommend a change to our mortality assumptions. The changes recommended could well cause a significant increase to the District's annual contribution. PEPRA and Plan Amendment 15-A-17
At your meeting on February 11 111 the District Board adopted Plan Amendment 15-A-17 which codifies that the Plan has been (and should have been) administered as ifPEPRA never existed. We are awaiting word from the District regarding its view of the recent court ruling pertaining to PEPRA and the impact of this ruling on current or future employees. Communication Between our Boards
As always, I want to encourage the District Board to contact me or Hugo Wildmann if you have any questions or comments pertaining to this report or the Retirement Plan. We also invite any District Board member to attend our monthly meetings.
24
Staff Report 15-055
Approved Minutes Special Meeting of the AC TRANSIT RETIREMENT BOARD January 21, 2015
ROLLCALL
Chair Jeffrey Lewis called the meeting to order at 9:09AM Members Present: Sue Lee, Davis Riemer, Joyce Willis, Vice Chair Yvonne Williams, and Chair Jeffrey Lewis Absent at Roll Call: None Members Absent: None Also Present: Hugo Wildmann, Retirement System Manager; Adelle Foley, Retirement System Administrator; Russell Richeda, Legal Counsel; (the following individuals were at part of the meeting); H.E. Christian Peeples, District Board President and Liaison; Denise Standridge, ACT General Counsel; Carolyn Smith, NEPC; CONSENT CALENDAR MOTION: RIEMER/LEE to adopt the Consent Calendar. (5-0-0-0)
Ayes: Noes: Abstain: Absent:
Members Lee, Riemer, Willis, Vice Chair Williams, and Chair Lewis -- 5 None None None
APPROVED A. Approval of Minutes for December 15,2014 Approved APPROVED B. Approval ofFinancials for November 2014 APPROVED C. Approval oflnvoices in the Amount of $49,868.66
25
AC Transit Retirement Board January 21,2015 APPROVED D. Approval of Retirements for February 2015
I. 2. 3. 4. 5. 6. 7.
Joseph Allen Reginald Brown Cheryl Hawkins David Rommelfanger Richard Watson Alfred Chappell Michal Settles
#291 #31022 #41641 #40219 #41616 #1061 #40307
-Term Vested -Term Vested
APPROVED
REGULAR CALENDAR Hugo told the Board that Director Peeples is the new President of the District Board and Elsa Ortiz is the Vice President. Director Peeples said that he would continue to act as the Liaison between the District and the Retirement Boards. The Retirement Board congratulated Director Peeples. E. Approval of Retirements for January 2015 With conditions, if any: I. 2.
Trudy Crawford Ronald Williams
3. 4.
Marian Witt Linda Young
#40672 (January) #40236 (January) Amount is interim pending resolution of pension amount for former ATU Officer James Gardner. #30576 (January) #32595 (January)
MOTION: RIEMER/WILLIAMS to approve the retirements listed above effective in January 2015 with the conditions as stated. (5-0-0-0) The Board congratulated retirees Joseph Allen for 40 years of service; retiree David Rommelfanger for 32 years of service; retiree Ronald Williams for 31 years of service; and retiree Marian Witt for 28 years of service.
MOTION: RIEMER/LEE to direct staff to send a letter reminding Ronald Williams and Edward Nash (approved in December) that they had been informed that their final pension benefit could be more or Jess than the interim amount depending on the resolution of the pension amount for ATU officer James Gardner. If the final amount is more, they will receive an increase and a retroactive payment; if the final amount is less, the difference will be deducted from future payments. 3-0-2-0 Member Willis and Vice Chair Williams abstained. (Carolyn Smith ofNEPC joined the Board for Agenda items F through 0.)
2 26
AC Transit Retirement Board January 21,2015 F. Approved Investment Policy Statement Hugo referred to the Investment Policy Statement, included in the Board Package. The policy statement had been approved at the December Board meeting. G. Asset Allocation and Investment Manager Update Carolyn distributed the Investment Market Update and Total Fund Performance (Flash Report) as of December 31, 2014. She pointed out that for 2014 20-year Treasury STRIPS had the strongest performance (up 46.4%) due to strong demand for long treasuries, especially from closed pension plans. Domestic equities performed well, while those of emerging markets lost ground due to the strength of the US dollar. Commodities lost 17% due to the falling price of oil. On the question of foreign exchange hedging, Carolyn said that NEPC had not made a recommendation for the plan, but hedging was viewed as a strategic tool to reduce risk, not to increase returns. Hugo noted that the Plan's overall return of 4.3%, compared to the assumed return of 7.25%, reflected the impact of diversification away from US equities. Carolyn added that active management caused the Fund to underperform both the Policy Index (index returns weighted by asset targets) and the Allocation Index (index returns applied to the actual allocation). Dodge & Cox and Sands underperformed by 3%4%. She added that during 2014, overall, active managers did not do well. Hugo reminded the Board that after 2013's strong performance, he had said that they should not count on another similar year. Turning to Fixed-Income managers, Carolyn noted that Loomis underperformed, while PIMCO's performance was slightly over its benchmark. Stone Harbor trailed its benchmark by 4.5%. Real Estate managers did well, and Global Allocation Asset managers underperformed significantly. H. Stone Harbor Manager Review Hugo recalled that three emerging debt managers -Ashmore, BlueBay and, Investec made presentations at the December meeting. The Board agreed to select one of the three to pursue, and to ask Tom Hickey to review the contract. I.
Emerging Market Debt - Blended Manager Summary I. BlueBay 2. Ashmore 3. Investec Carolyn referred to the Emerging Markets Debt - Blended Manager Summary, included in the Board Package. She focused on the follow-up questions comparing the three managers. Carolyn noted that turnover was very high at all three managers, including foreign exchange contracts. Regarding investment vehicles, Ashmore offered an onshore mutual fund with a fee of 1.02%, and an offshore comingled fund at .70%. BlueBay offered a comingled fund with total fees up to .91 %. And Investee
3 27
AC Transit Retirement Board January 21,2015 reported total fees of .55% for those investing within six months. Carolyn told the Board that all three managers seem to have substantial staff. All three managers use various kinds of derivatives to control duration and manage risk. Carolyn agreed that there is counter-party risk, but they true up collateral every day. The moral is to know your counter party. BlueBay's derivatives may be leveraged up to 125% of collateral, which could be an issue for the Board. Ashmore has a higher tracking error, while lnvestec is more conservative, with less risk. Hugo noted that the diversity tables provided by the managers were not really comparable. Hugo agreed to research whether there is an index that the Board could consider for investing in this asset. J. Analysis of Presentations by Emerging Market Debt Managers K. Next Step(s) in Emerging Market Debt Manager Review Chair Lewis asked what the Board was looking for in the Emerging Market Debt investment. Carolyn replied higher yield and some diversification. She noted that emerging market nations have higher growth and less debt than developed nations, although she acknowledged the risk of slowing growth in China. Chair Lewis called a recess at 10:57 AM The meeting reconvened at II :08 AM The Board members discussed their impressions of the three managers and how they fit in with the Board objectives. MOTION: RIEMER/WILLIAMS to move forward with the paperwork to invest in Investec. 4-1-0-0 Member Lee voted against the motion, preferring to invest in BlueBay.
The Board directed Hugo to raise the diversity issue to the managers in writing. L. Retention of Tom Hickey to Review Emerging Market Debt Manager Documents
Because Investec's investment vehicle is a collective trust Carolyn recommended that the Board ask attorney Tom Hickey to review the contract and alert the Board to any issues he discovers, and inform the Board if these provisions are included in other investors' contracts. MOTION: RIEMER/WILLIAMS to authorize Hugo and Counsel Richeda to engage outside attorney Tom Hickey to review the contract with a fee not to exceed $10,000 . 50-0-0
Chair Lewis called a recess at II :20 AM
4 28
AC Transit Retirement Board January 21, 2015 The meeting reconvened at II :28 AM M. NEPC 2015 Outlook Carolyn referred to the NEPC 2015 Outlook, included in the Board Package. She said that on an annual basis NEPC develops 5-7 year and 30 year asset and risk projections, for use by their clients to assess their positions and assumptions. She cited the bull market since 2009, fueled by the Fed's quantitative easing, with slower growth in GNP. She noted the current divergence between the US, where the Fed had discontinued quantitative easing and is talking of interest rate increases, and the EU, where the European Central Bank had just announced a plan to purchase a total of €60 billion of sovereign and private debt per month from March 2015 through September of 20 16. NEPC recommends that clients make sure that their portfolios line up with their longterm objectives, consider the risk when pursuing increased returns, and review inflation hedges. Carolyn referred to the table of AC Transit Asset Mixes, which provided the expected return, and expected risk by asset class, the current target allocation and four alternative allocations (mixes A through D). Each alternative mix reallocated the I 0% currently invested in Global Asset Allocation (GAA). Mix A reallocated the GAA assets to other current asset classes. The others re;tllocate to a more diversified group of assets such as liquid and/or private real assets. Carolyn recommended that the Board move to the more diversified mixes. Hugo commented that it would take a year to select and move to the asset classes in mixes B through D, and raised the possibility of moving to Mix A as an interim step. The Board discussed the timing of moving out of the GAA asset class and included funding International small cap as part ofthe initial reallocation. The Board asked Hugo to bring a plan to liquidate the GAA assets, moving the funds to Mix A, and international small cap, to the February meeting. (Many of the rest of the Agenda items were taken out of order to allow non-Board members to join in the discussion of selected Agenda Items.) (Denise Standridge, AC Transit General Counsel, joined the discussion of Agenda Items R through Y.) R. PEPRA Court Decision Counsel Richeda referred to his memorandum dated January 12, 2015 on Litigation Update Concerning the Application of PEPRA to Public Transit Systems, included in the Board Package. He summarized the history of this issue from the enactment of PEPRA in 2012 for employees employed after January I, 2013, the postponement of application of PEPRA in California transit agencies after the Department of Labor
5 29
AC Transit Retirement Board January 21,2015 (DOL) refused to certify employment fairness and disburse federal funds for mass transit projects, to the Federal District Court decision on December 30, 2014 that the DOL had violated the Federal Administrative Procedures Act. Counsel Richeda told the Board that an appeal was possible and the future uncertain. General Counsel Standridge had heard that other pension plans anticipated an appeal and there was discussion of the receipt of funds. District Board President and Liaison Peeples reported that the DOL had been asked to reevaluate their position, but there was no new legislation proposed as of January 21. Counsel Richeda stressed that the Board's role is to administer the Plan, and should keep on top of developments and ask for updates. S. Update on Plan Amendment 15-A-17 General Counsel Standridge said that the amendment deleting Plan Amendment 13A-16 (implementing PEPRA), including the actuary study, would go to the District Board on February 11, 2015. T. Plan Redraft Project
General Counsel Standridge told the Board that Charles Sakai is the District's new pension attorney. Counsel Richeda told the Board that he would like to clean up, and consolidate the 2005 Plan and subsequent amendments into an updated Plan. Hugo agreed to develop a plan to accomplish this task. U. Tax Determination Letter Counsel Richeda told the Board that it was time for the Board and the District to apply for another Tax Determination Letter under the IRS schedule. He said that he will work with District Counsel Standridge. He recommended the Board once again utilize Ice Miller. He will determine who paid the consulting fee last time. Hugo thought that the cost would be about $10,000. V. Update on Calculation of Pension Benefit for Former Union Officer James Gardner W. Update on Statement of Facts Pertaining to Gardner X. Timetable Regarding Pending Issues Pertaining to Retirement Benefit Calculation for Current and Former Union Officers Counsel Richeda had sent out the Statement of Facts early in January and asked for comments from the District and ATU Local 192 by January 21. He would provide a memorandum to the Board, the District and the Union, for the February meeting, recommending how to proceed regarding current and future ATU officers. District Counsel Standridge said that her department had reviewed their records and had not
6 30
AC Transit Retirement Board January 21, 2015 found any relevant documents. Vice Chair Williams said that ATU attorney Shawn Groff has sent back some comments. Counsel Richeda agreed to send out a final document of facts before the February Board package. He would also send out his Legal Opinion on the matter prior to the Board packet. Y. Hearing Officer Update Hugo recalled that the District and the bargaining parties had submitted the names of five possible hearing officers, and there was one name in common. He would like the unions and the District to agree on additional names. There is only one remaining Hearing Officer, but the Plan requires a panel of five. District Counsel Standridge said that she had some names to propose. Chair Lewis called a recess at 12:51 PM The meeting reconvened at 12:53 PM N. NEPC Work Plan Memo Carolyn referred to her memorandum dated December 8, 2014, included in the Board Package. The Board discussed the question of meetings with managers. Hugo reported that he meets more frequently than the Board, especially when there are issues regarding the manager's performance. Counsel Richeda suggested the possibility of a separate Board meeting to meet with managers. Chair Lewis stressed the need to meet with managers regularly. Hugo agreed to work with Carolyn and Counsel Richeda to develop recommendations regarding manager meetings and a schedule for the Board's review. 0. Calendar for 2015 Hugo noted the need to change the meeting dates for July and October. The Board agreed to discuss the 2015 meeting dates in February. P. Draft Quarterly Report to the District Board Hugo said that he would bring the first quarterly report to the District Board to the February Retirement Board meeting. Q. District Recruitment for Non-ATU Retirement Board Members Hugo reminded the Board that applications would be due at 12 noon on Wednesday February 4. Z. Disability Determination Process AA Retirement System Manager Report
7 31
AC Transit Retirement Board January 21,2015 1. 2. 3. 4. 5.
New District Board President and Vice-President CALAPRS GAin Monterey (March 8-10, 2015) CALAPRS Schedule for 2015 CALAPRS Newsletter Form 700
These items were held over until a future meeting. BB (CLOSED SESSION) 1) Matters Relating to Personnel: Disability Applicants' and Disability Retirees' Medical Records (Government Code Section 54957; 65 Ops. Cal. Atty. Gen. 412 (1982) a. Aubrey Johnson- Total and Permanent Disability b. Arsenia Legaspi- Total and Permanent Disability c. Ray Dunhams- Total and Permanent Disability d. Terence Chrisman- Total and Permanent Disability e. Kelvin Johnson- Occupational Disability f. Vaughn Roberts- Total and Permanent Disability g. Robin Cobb •· Occupational Disability h. Harold Peters - Occupational Disability 1. Michael Jefferson- Total and Permanent Disability J. Michael Garay- Occupational Disability k. Adrienne Cleveland-Garrett- Total and Permanent Disability 2) Matters Relating to Pending or Threatened Litigation a. Conference with Legal Counsel- (Government Code Section 54956.9(a)): I) Gwendolyn Randle - Appeal of Denial of Total and Permanent Disability Application CC (RESUME OPEN SESSION) The Board did not go into Closed Session. (Member Riemer left the meeting at this point.) STAFF COMMENTS
None RETIREMENT BOARD COMMENTS
None ATTORNEYS' REPORT
None ADJOURNMENT
8 32
AC Transit Retirement Board January 21,2015
MOTION: WILLIAMS/WILLIS to adjourn (4-0-0-1) The meeting adjourned at I: 15 PM
9 33
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34
BOARD OF DIRECTORS REGULAR CALENDAR
February 25, 2015 Agenda Item 4A
35
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36
Report No:
T.1?9NS/T
Meeting Date:
14-285c February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Board Policy 364- Revenue- Pass-Through Funding
ACTION ITEM RECOMMENDED ACTION(S):
Consider approving amendments to Board Policy 364 - Revenue and Grant Policies regarding Pass-Through Funding arrangements. EXECUTIVE SUMMARY:
The Board's existing revenue policy does not specify any rules or guidelines relating to whether pass-through funding arrangements should be accepted and if so, in what situations and with what requirements. While pass-through funding comes with additional burden to the District and staff, there may be situations where pass-through funding is beneficial to the District to agree to it. The additions to the revenue policy specify what situations and what stipulations the District should consider. Also, the title of the policy will also be changed to Revenue and Grant Policies, to better reflect the contents . BUDGETARY/FISCAL IMPACT:
The recommended changes to Board Policy 364 do not directly have any fiscal impact, but will guide Board and staff decisions that do have a fiscal impact.
BACKGROUND/RATIONALE:
Pass-through funding is defined as when an agency or organization cannot directly receive grant funding for their own project asks the District to be the recipient of the grant funds . The District then passes the funding on to th e other party, or sub-recipient, through a separate funding agreement. The District does not currently have any Board Policies or Administrative Regulations that deal with pass-through funding. Pass-through funding can expose the District to various liability issues, and there is a burden upon staff to administer and process the funding. However, there are situations where agreeing to be th e pass-through 'fiscal sponsor' can be advantageous to the District. A common situation is if an outside agency or organization is better suited to implement a project that benefits the
37
Report No. 14-285c Page 2 of 4 District. Another situation that can arise is when a funding agency requests the District to act as a pass-through sponsor as part of a funding arrangement that is beneficial to the District. The Metropolitan Transportation Commission (MTC) Lifeline Cycle Four Program (detailed in 5R 14-285a) has presented the District with two possible pass-through funding situations. While the District has no obligation to act as a pass-through sponsor for the Lifeline program, there are some advantages that can be identified for both of the projects that have been presented. The additions to Board Policy 364 mentioned below are an attempt to provide guidance while still giving the Board and staff the flexibility to deal with the particular details of the specific requests. Existing Pass-Through Agreements The District currently has two pass-through funding arrangements. In September 2008 (SR 08159) the Board agreed to the City of Emeryville's request to act as a pass-through for earmarked Federal Transit Administration Section 5309 Bus & Bus Facilities program funds. Emeryville had secured four funding earmarks, however, as a non-transit agency; the City of Emeryville could not be a direct recipient of the funds. The City was developing a public-private partnership project for the Emeryville lntermodal Transit Center, a development on top of the parking and bus loading lot located at the Emeryville Amtrak station. The funding will go towards the construction of the public plaza next to the development. In November 2009 (SR 09-240a), the Board agreed to the Alameda County Public Works Agency's request to pass-through 1-Bond funding from the Lifeline Cycle Two Program for sidewalk, bus access, and Americans with Disabilities Act improvements on Hacienda and Meekland Avenues in Cherryland. Pass-Through Policies 1) Types of Funding The most onerous pass-through requirements come with Federal Transit Administration (FTA) funding. With FTA funding, the District is responsible for ensuring that the sub-recipient is following essentially all of the same rules that the District is subject to, including Title VI requirements. Staff has consulted with the FTA and regardless of any pass-through agreements, as the direct grantee the District is still ultimately responsible for the grant. BART was contacted for their view on this issue but has not responded as of February 181h. Due to these burdens, staff recommends that local or state funding sources be prioritized and that the use of FTA funds is permitted only in special cases where the sub-recipient agency is sufficiently able to meet the pass-through grant requirements. 2) Non-Competitive Projects Staff recommends that the Board Policy allow pass-through funding, but only for projects that are not competitive with existing or planned District projects; and for services that are operated by the District if it is possible.
38
Report No. 14-285c Page 3 of 4 3) Allowable Subrecipients Due to the difficulty in assessing the financial capability and long-term stability of possible subrecipients, staff recommends that the Board only allow pass-through agreements with government agencies. 4) Administrative Reimbursement Staff recommends that the Board Policy allow the District to request that a small (up to 10%) amount of the pass-through funding be withheld by the District to offset the administrative burden of the agreement. Whether this is possible may depend on the funding source and/or funding agency. The amount will depend on the requirements associated with the funding source and project. A formal response from the Alameda County Transportation Commission {ACTC) on administrative response is still pending as of February 181h. 5) Consideration of Administration by Other Agencies As there are other agencies (e.g. ACTC or the Contra Costa Transportation Authority (CCTA) that may have more experience with project delivery and oversight, staff should consider requesting their involvement in the pass-through agreement. 6) Legal Analysis and Contractual/Indemnification Terms Staff recommends that all pass-through agreements contain terms that indemnify the District from all legal liability associated with the project, cost overruns in the subject project(s), and providing funds in lieu of the original funding source. Staff will develop a standard set of clauses for pass-through agreements to deal with indemnification issues based on consultation with other agencies that have experience in this area such as ACTC or CCTA. All agreements that come to the Board for approval shall include a legal analysis. 7) Staff Burden The Board should ask staff to indicate whether the administrative burden of the agreement is within reason and can be handled by existing resources. ADVANTAGES/DISADVANTAGES: The advantage of amending the policy is to provide clear guidance when making future decisions on whether to accept pass-through funding arrangements. There is no disadvantage to adopting the policy. ALTERNATIVES ANALYSIS: The alternative is to not amend the policy and allow things to continue as they are now. This is not recommended because the District will be presented with pass-through funding requests in the very near future and needs a policy basis to make decisions.
39
Report No. 14-285c Page 4 of 4
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 364- Revenue Policies
ATTACHMENTS: 1:
Proposed Board Policy 364
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Reviewed by: Prepared by:
Denise C. Standridge, General Counsel Chris Andrichak, Acting Manager, Capital Planning & Grants
40
I AC Transit
SR 14-285c Att.l
Policy No. 364
BOARD POLICY Category: FINANCIAL MATTERS
REVENUE_AND GRANT POLICIES Purpose: This policy establishes District Guidelines involving Revenues and Grants: • • •
Avoiding Dependence on Bond Financing Annual Review of Investment Policy Capital Improvements to be mMade sConsistent with Capital Improvement Plan • Approval of Grant Applications • Grant Management • Paying Current Expenditures with Current Revenues • Projecting Revenues Conservatively _ • _ Maintain and Diversify the Revenue Base • Pass-Through Funding Agreements Definitions 1.
One-time Revenues: The District shall avoid dependence on bond financing to fund on-going operations. One-time revenues shall be used only for one-time expenses or to fund District Reserves, or to repay outstanding debt. When fund balances are greater than budget estimates, it should be considered one-time resources and shall not be used to fund on-going expenses.
2.
Investments: The Board of Directors shall review the District Investment Policy annually to ensure that it meets the following objectives (in order of priority):
A Compliance with all applicable laws, statutes, ordinances, and regulation requirements. B. Preservation of capital~ to ensure safety of principal. C. Liquidity to meet required cash demands. D. Maximization of income; to maximize yield consistent with risk limitations identified in the District's Investment Policy No. 336. 3.
Inter-governmental Capital Grants: inter-governmental capital grants shall be used to finance only those capital improvements consistent with the Capital
Page 1 of 3
Adopted: Amended:
41
04/92 07/01: 06/05: 03/08: 05/12; 06/14: 02/25
Improvement Plan, part of the Short-Range Transit Plan, approved or amended by the Board of Directors and those operating costs have been included in the District Budget approved by the Board of Directors. If additional operating costs resulting from a capital improvement have not been included in the District Budget, the Board of Directors shall approve the expenditure of such funds prior to the implementation of such capital improvements. Projects that are included in the Short-Range Transit Plan may be submitted for funding without further action by the Board. Exceptions include unforeseeable circumstances. 4.
Board Approval of Grant Applications: The General Manager shall ensure that all grant applications go through the regular agenda process, including review and sign-off by the Legal Department, the Chief Financial Officer, the Budget Manager and the Manager of Capital Planning and Grants and be approved by the Board of Directors, prior to application to ensure that the availability of grant funds does not direct (or misdirect) the priorities and financial capabilities of the District.
5. Grant Management: The Chief Financial Officer and the Grant Manager shall maintain a system of grant control to ensure that the District maintains a proper grant inventory and associated information records. The system should establish a strategy to align the short-term and long-term capital priority process with grant cycles. 6. Current Expenditures are Budgeted with Current Revenues: The District shall not budget recurring expenses in excess of revenues it expects in the same fiscal year. Any increase in expenditures or decrease in revenues that results in a budget imbalance will require cost cutting and/or revenue enhancement. The District shall avoid expending inappropriate surpluses or designated reserves to support ongoing operations. 7. Revenue Projections: The District shall use an objective and analytical process to make revenue projections. In cases of economic uncertainty, conservative projections will be utilized. It is fiscally prudent to budget revenues conservatively, using the lower end of the expected range. 8. Maintain a Diversified and Stable Revenue Base: To the extent possible, the District shall pursue a diverse and stable revenue base. It is in the District's best interest to have economic development policies that encourage a more diverse revenue base. 9. Pass-Through Funding Agreements: The General Manager shall ensure that all pass-through funding agreements go through the regular agenda process. including review and sign-off by the Legal Department. the Chief Financial Officer and the Manager of Capital Planning and Grants and be approved by the Board of Directors. The following rules shall guide the Board in entering into pass-through Adopted: Amended:
Page 2 of 3
42
04/92 07/01 : 06/05: 03/08: 05/12: 06/14 : 02/25
agreements: A. Agreements for the pass-through of funding for projects or programs should prioritize the use of State and Local fundsfAA rather than the use of Federal Transit Administration funds to limit #le-administrative burdenion costs . B. Federal Transit Administration funds can be considered in special cases with limited funding options. but only upon staff confirmation that the subrecipient agency is fully able to comply with federal regulations. C. Projects covered shall not compete with or oppose existing or planned District projects. Services covered shall not be operated by others if the District can operate the service. D. The pass-through funding for projects and programs should be prioritized as follows to limit District liability: a. Government agencies. such as cities and counties. shall be considered on a case-by-case basis for pass-through funding agreements. b. Non-profit agenciesorganizations are not eligible for pass-through funding . c. Private agenciesorganizations are not eligible for pass-through funding . E. If allowable and appropriate. the District shall request up to 10% of the funding to offset the administrative costs of the agreement. F. Staff will provide consideration for administration of the pass-through funding Qy other governmental agencies with existing resources and systems in place, such as Alameda County Transportation Commission or Contra Costa Transportation Authority. G. Staff shall provide a legal analysis of pass-through agreements prior to submission for Board approval. All agreements shall contain non-negotiable terms that indemnify the District from: all legal liabilities associated with the project; covering project cost overruns; and providing funding in lieu of the original funding source. H. Staff shall provide assurances to the Board that the responsibilities associated with administering the agreement are within the capability of current resources.
Page 3 of 3
Adopted: Amended:
43
04/92 07/01: 06/05: 03/08: 05/12: 06/14 : 02/25
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44
EXTERNAL AFFAIRS COMMITTEE
February 25, 2015 Agenda Item A-2
45
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46
Report No: Meeting Date:
15-056 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
External Affairs Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Monthly Legislative Report
BRIEFING ITEM RECOMMENDED ACTION(S): Consider recommending receipt of the monthly legislative report. EXECUTIVE SUMMARY: The House and Senate have reconvened and chosen leadership. A continuing resolution was passed to fund the government after December 11, 2014. The Governor's proposed budget was released. BUDGETARY/FISCAL IMPACT: There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: Federal Legislation Update 1) House and Senate have chosen leadership for this session
The House leadership remains the same as the end of the last session with Republicans John Boehner (R-OH) as the Speaker of the House and Kevin McCarthy (R-CA) as the Majority Leader Democratic leaders continuing are Representatives Nancy Pelosi (D-CA) as Minority Leader and Steny Hoyer (D-MD) as Minority Whip. Representative Bill Shuster (R-PA) retains the Chairmanship of the Transportation and Infrastructure Committee with Peter DeFazio (D-OR) as the Ranking member.
The Senate Banking Committee with responsibility for mass transit among other area will be chaired by U.S. Senator Richard Selby (R-AL) with Ranking Member Sherrod Brown (D-OH). The Senate Environment & Public Works Committee with responsibility for transportation and
47
Report No. 15-056 Page 2 of 3 infrastructure systems Barbara Boxer (D-CA).
I
highways will be chaired by Jim lnhofe (R-OK) with ranking member
2) The continuing resolution funds the government after December 11, 2014
The continuing resolution omnibus appropriations bill was passed in December to keep most federal government departments running through the end of the fiscal year on September 301h except the Department of Homeland Security which was funded through 2/28/15.
Given that MAP-21 expires in May, the Senate Committee on Environment and Public Works held a hearing regarding state and federal perspectives on the MAP-21 reauthorization. Witnesses included Transportation Secretary Anthony Foxx and four Governors.
State Legislation Update 1) The Governor released his proposed budget. The Governor's proposed FY 15-16 budget was released which maintains transportation spending at its current levels. State Transit Assistance funding is expected to be nearly the same as last year. The Governor's address focused more on highway spending than on local streets, roads and transit.
The Governor's budget proposal estimates $1 billion in cap & trade auction revenue will be available in 2015-16. However, many believe this is a conservative estimate and that revenues could reach $2 billion. With auctions scheduled for February and May, a more accurate forecast will be available by the end of the fiscal year. If revenues exceed the Governor's budget estimate, those excess revenues can be used to fund additional projects because the funds allocated to the Low Carbon Transit Operations, the Transit & Intercity Rail Capital, and the Affordable Housing & Sustainable Communities programs are continuously appropriated. However, the discussion to award any excess funds will be made by the Administration once the revised revenue estimates are known. ADVANTAGES/DISADVANTAGES:
This report is being provided to inform the Board of monthly legislative activities and to seek its approval to support or oppose legislation affecting AC Transit. This provides clear direction to legislators, and other bodies, of AC Transit's positions. ALTERNATIVE ANALYSIS:
This report provides an update of monthly legislative activities. AC Transit could opt to defer from legislative positions and operate without making its positions known, leaving the District vulnerable to unfavorable legislation.
48
Report No. 15-056 Page 3 of 3
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 12-293: 2014 Federal and State Legislative Advocacy Programs
ATTACHMENTS: 1: Federal Legislative Report from VanScoyoc Associates 2: State Legislative Report from Platinum Advisors 3: FY 2015 Federal Advocacy Program 4: FY 2015 State Advocacy Program
Department Head Approval: Aida R. Asuncion, Interim Chief Planning, Construction and Engineering
Officer Reviewed Prepared
by: by:
Denise C. Standrige, General Cousel Beverly Greene, Director of Legislative Affairs & Community Relations
49
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50
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51
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52
SR 15-056 Attachment 1
VANSCOYOC A
8
8
0
C
I
A
T
F.
8
Transportation Update February 2, 2015
Steven 0. Palmer, Vice President Dan Neumann, Director David Haines, Manager
This Week White House The President will release his budget proposal for Fiscal Year 2016 on Monday, February 2.
Hearing: Changing Energy Markets and Transportation.
On Tuesday, February 3, the Subcommittee on Railroads, Pipelines, and Hazardous Materials of the House Transportation and Infrastructure Committee will hold a hearing on how changing energy markets will affect transportation in the United States. Witnesses will include representatives of the Association of American Railroads, American Petroleum Institute, Association of Oil Pipelines, Carlyle Group, and Greenbrier Companies.
Hearing: Access Control Measures at Airports. On Tuesday, February 3, the Subcommittee on Transportation Security of the House Homeland Security Committee will hold a hearing to review access control measures at our nation's airports. The hearing was prompted in part by the recent arrest of a Delta Airlines employee for smuggling guns from Atlanta to New York City. Witnesses will include representatives of the FBI, TSA, the airline industry, and Hartfield-Jackson Atlanta International Airport.
Joint Hearing: Waters of the United States Rule. On Wednesday, January 4, the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee will hold a joint hearing to examine the impacts on state and local governments of a proposed EP NCorps of Engineers rule to expand federal regulation of waters under the Clean Water Act. EPA Administrator Gina McCarthy will testify, as will Jo-EIIen Darcy, Assistant Secretary of the Army for Civil Works. Additional witnesses will include representatives of state and local governments from throughout the country.
Last Week
Floor Passage: Keystone XL Pipeline. Late last week, the Senate passed legislation to approve the Keystone XL Pipeline.
The bill was supported by all Republican Senators, as well as nine
53
2 Democrats. The House passed similar legislation earlier in January. The House and Senate will now work to reconcile the differences in the two bills in order to send the bill to the President. President Obama has indicated that he is likely to veto the bill.
Hearing: MAP-21 Reauthorization. On January 28, the Committee on Environment and Public Works held a hearing focused on Federal and state perspectives on MAP-21 reauthorization. The witnesses included Secretary of Transportation Anthony Foxx, the Governors of Alabama and Vermont, and the South Dakota Secretary of Transportation. While Senators talked about options for raising revenues for the Highway Trust Fund, Secretary Foxx stated that the Administration is developing a new proposal for surface transportation reauthorization. Hearing: Freight Rail Service. On January 28, the Committee on Commerce, Science, and Transportation held a hearing on challenges facing the nation's freight rail network. Witnesses included representatives of the railroad industry, rail shippers, the Missouri Department of Transportation, and the Florida Ports Council. The main topic of the hearing was the December 31, 2015 deadline for railroads to implement Positive Train Control (PTC) technology, and the unlikelihood that most railroads will be able to meet this deadline. Hearing: Transportation Networks. On Thursday, January 29, the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security of the Senate Committee on Commerce, Science, and Transportation held a hearing on stakeholder perspectives on the performance of transportation networks. Witnesses included representatives of the railroad, trucking, and supply chain management industries, as well as former Pennsylvania Governor Ed Rendell, the co-chair of Building America's Future, an organization which has advocated for raising the federal gas tax and increasing investment in infrastructure. Senators Call for TSA Nominee. Bipartisan leadership of the Senate Commerce Committee, the Senate committee with jurisdiction over TSA, has sent a letter to President Obama urging him to prioritize the nomination of a new TSA Administrator. The previous Administrator, John Pistole, left the agency at the end of 2014.
Announcement: Subcommittee Rosters. The House Transportation and Infrastructure Committee has finalized its subcommittee membership for the 1141h Congress. DOT Inspector General
Report: FTA Research Plan. On January 13, the Inspector General for the Department of Transportation released a report on PTA's actions to promote low or no emission technology. The report found that PTA's research is inadequate and that the agency is failing to identifY new technologies or disseminate information that could benefit its grantees' efforts to adopt these technologies. ###
54
SR 15-056 Attachment 2
ADV
I SORS
January 28, 2015 TO:
Beverly Greene, Director Community Relations & Legislative Affairs
FR:
Steve Wallauch Platinum Advisors
RE:
Quick Update
BUDGET Budget: Both houses held overview hearings to quickly review the Governor's Budget Proposal
and talk about their own goals in this year's budget. Department of Finance representative Keeley Bosler fielded questions as well as the Legislative Analyst, Mac Taylor. Both the Senate and Assembly Budget Committees complimented the Administration on a solid start, and then proceeded to discuss opportunities for improving the State's safety net through restorations. The Legislative Analyst agrees with much of the Administration's priorities and estimates possible revenues of $2 billion more than the Administration is assuming. Due to the way the Proposition 98 formula works however, Taylor emphasized that the extra funding would all be directed toward education.
Highway Budget: While the state budget overall is positive, declining fuel prices will result in a
significant negative adjustment for transportation funds for 2015-16. By March 1st of every year the BOE is required to adjust the rate of the "tax swap" excise tax so that the revenue generated by the tax swap excise tax would equal the amount that the sales tax would have generated if it was applied to gasoline sales. This new rate then takes effect on July 1st. Based on declining gasoline prices, it is expected that excise tax will be adjusted downward to the tune of nearly $800 million in fiscal year 2015-16. This will have a significant impact on all transportation programs, such as local streets and roads allocations, SHOPP funds, and STIP funds.
Cap & Trade Budget: The Governor's budget proposal estimates $1 billion in cap & trade
auction revenue will be available in 2015-16. However, many believe this is a conservative estimate and available revenues could reach $2 billion. With two auctions scheduled for February and May, a more accurate forecast will be available by the end of the fiscal year. If revenues exceed the Governor's budget estimate, those excess revenues can be used to fund 1
55
additional projects because the fund s allocated to the Low Carbon Transit Operations, the Transit & Intercity Rail Capital, and the Affordable Housing & Sustainable Communities programs are continuously appropriated. However, the discussion to award any excess funds will be made by the Administration once the revised revenue estimates are known .
POLICY
Road User Charge: The first meeting of the Road Usage Charge Technical Advisory Committee was held last week in Sacramento. This initial meeting was primarily organizational and included an overview of California's dire transportation funding outlook, as well as in depth presentations on the Oregon and Washington pilot programs. A webcast of the hearing can be found at the CTC's website. The next meeting of the Committee will be held in Sacramento on February 26th, and will focus on defining policy objectives and an outreach program. Future meetings will be held at locations throughout the state, with a meeting in Oakland currently scheduled for October.
Cap & Trade: 21 state Senators signed a letter to Attorney General Kamal Harris urging her to remain vigilant for manipulation of fuel prices as the state expands the cap & trade auction to include fuels. Over the past year, opponents to including fuel in the cap & trade auction have labeled it a hidden tax that will result in significantly higher fuel prices. The Senators urge the Department of Justice to closely monitor price changes and to open an investigation of any activities that may result in price manipulation. The Senate will also intends to hold hearings on this issue if warranted .
AH&SC Program: Last week, the Strategic Growth Council adopted the guidelines for the Affordable Housing & Sustainable Communities (AH&SC) Program. The SGC has also announced a series of Workshops to review the guidelines and meet with prospective applicants on a one-on-one or small group basis. A Workshop is scheduled for February 11th in Oakland. Below is a link to the announcement, and registration information. Space is usually limited so register soon.
http://sgc.ca .gov/docs/AHSC February Technical Assistance Workshop Notice.pdf
Cap & Trade Capital Funds: CaiSTA completed its series of workshops and presented the draft guidelines for the Transit & Intercity Rail Capital Program to the CTC last week. The final guidelines will be posted on February gth along with a call for projects. CaiSTA is proposing to combine the $25 million appropriated for the 2014-15 fi scal with the $100 million that will be available in 2015-16, which will allow them to approve a two-year funding program of up to $125 million in projects. The award level might increase beyond the $125 million based on the outcome of the February and May auctions.
2
56
SR 15-056 Attachment 3
2015 Federal Advocacy Program Funding •
FY 2014 Grant Opportunities- Secure federal funds for key capital projects and support funding for 2015 Project Priorities for: o
East Bay BRT Improvements within the Small Starts Program and other programs o AC Transit's Intelligent Transportation and Communication System upgrades o Bus lifting equipment program o o
Rehabilitation of aging facilities Zero Emission Bus Programs
•
Advocate for supplemental funding through the Federal Transit Administration to offset rising operating costs without jeopardizing total funding available for capital projects.
•
Support funding for the Transbay Terminal.
•
Support/seek additional funding for lifeline services including, but not limited to services for access to work, school or medical facilities.
•
Support efforts to rescind the planned across-the-board cuts to all federal programs, called "Sequestration," as enacted under the Budget Control Act of 2011 .
Transportation Authorization Principles •
Support efforts to increase the gas tax or to increase other revenues to replenish and sustain long-term growth of the Highway Trust Fund/Mass Transit Account.
•
Support transportation authorization reform that emphasizes greater funding levels to urban mass transit systems, and oppose efforts to reduce spending on transit formula programs.
•
Support FTA and Congressional efforts to make State of Good Repair for transit bus systems a strategic priority.
•
Support broad funding eligibility for BRT projects in federal transit programs, including New Starts and Small Starts programs,
Page ll 57
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports the direct representation of transit properties on local transportation policy boards.
•
Support legislation through MAP-21 for safety requirements based on agency size
Other Advocacy •
Advocate for transit-supportive legislation that mitigates global warming and/or calls for environmental stewardship and related funding.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
•
Support modal parity in the commute tax benefits.
•
Support legislation that relieves the fiscal burden of mandatory regulations.
•
Support legislation that encourages Single Payer health insurance.
•
Advocate for American with Disabilities Act improvements
Pagel2 58
SR 15-056 Attachment 4
2015 State Advocacy Program Funding
•
Support efforts to implement the Moving Ahead for Progress in the 21st Century Act (MAP-21) and future transportation authorizations that at least maintains funding level for mass transit projects and programs for bus operators in the Bay Area .
•
Support the development and implementation of an expenditure plan for AB 32 cap and trade revenue that provides an equitable investment in mass transit capital improvements, operations, and infill/transit oriented development.
•
Pursue and support funding for Zero Emission Bus Programs
•
Support efforts that create new sources of operating funds with equitable distribution to reflect urban transit needs.
•
Support efforts to sustain existing transit revenues.
•
Support efforts that would exempt public transit providers from state sales tax.
•
Support efforts to provide funding for lifeline services including, but not limited to, services for access to work, school or medical facilities.
•
Support local ability to increase fees and gas taxes to be used for local mass transit purposes.
•
Support legislation and programs that would provide funding to offset the costs of global warming initiatives, clean air and clean fuels and implementation of AC Transit's Climate Action Plan.
•
Support congestion pricing strategies and legislation that provide an equitable multimodal distribution of generated revenues.
•
Support legislative or administrative action to remove State barriers so that Medicaid transportation funds can be used for public transit services, including ADA paratransit services.
•
Support funding and coordination between Health and Human Service (HHS) agencies and other transportation agencies to provide services to HHS clients.
Pagel l 59
•
Support legislation and programs that would provide funding for employee benefits programs.
•
Support funding initiatives that relieve the fiscal burden of mandatory regulations.
Equipment and Operations •
Support legislation or administrative action that would direct Caltrans to establish and maintain HOV lanes on state highway routes and to improve existing HOV lane management to maximize throughput.
•
Support incentives to provide bus contra flow lanes on the San Francisco-Oakland Bay Bridge to/from the Transbay Terminal.
•
Support legislation to exempt public transit vehicles from state and local truck route ordinances.
•
Support legislation or administrative action that would direct Caltrans to permit permanent use of freeway shoulders by public transit buses.
Transit Incentives •
Support legislation to provide incentives for employees and employers to use public transportation to commute to work, including tax credits for purchasing transit passes.
•
Support Clean Air Initiatives that encourage increased public transit use.
•
Support incentives that would give auto insurance credits to heavy transit users.
•
Support legislation to provide incentives for local governments and developers to incorporate transit passes into the cost of housing.
Environment and Transit Supportive Land Use
•
Support efforts that provide a new form of tax increment financing that promotes economic investment through transit oriented development, and requires the approval of all affected taxing entities.
•
Advocate for transit-supportive legislation that addresses climate change, healthy communities and environments.
Pagel2 60
•
Foster transit supportive land use initiatives that require coordination with transit providers in the initial stages of local planning or project development that impacts transit, including density level decisions or transit oriented developments (TODs); and advocate for the required use of: o Transit streets agreements, and o Complete streets plans in which local transportation plans anticipate use of all modes.
•
Support legislation that requires reporting of Vehicle Miles Traveled (VMT) annually through DMV renewal.
Policy Interests
•
Support simple majority vote for local transportation ballot tax initiatives.
•
Support legislation to allow District to ban persons for specified offenses from entering district property.
•
Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clause that supports direct representation of transit properties on local transportation policy boards.
•
Support legislation for STA formula reform that includes federal operating funding as eligible revenue.
•
Support efforts that maintain existing Workers' Compensation regulation.
•
Consider efforts to reform tort general damages
Page
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62
FINANCE AND AUDIT COMMITTEE
February 25, 2015 Agenda Items B-2 – B-10
63
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64
Report No: Meeting Date:
15-057 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Monthly Report on Investments
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving the Monthly Report on Investments for December 2014. EXECUTIVE SUMMARY:
As of December 31, 2014, the District had the following investments: Repurchase Agreement (REPO)
$15 million (Collateralized 102%)
Money Market Account
$81.36 million (Collateralized 110%)
Money Market Account
$1.76 million (small banks; FDIC insured)
BUDGETARY/FISCAL IMPACT:
There are no budgetary or fiscal impacts associated with this report.
BACKGROUND/RATIONALE:
In compliance with Section 15.0 of Board Policy 336, Investment Policy, the Monthly Report on Investments for December 2014 is forwarded to the Board of Directors for review. The portfolio contained in the report is in compliance with Board Policy 336, Investment Policy. The District is able to meet its expenditure requirements for the next six months. Return on the District's investments is small due to the market conditions and ultra conservative investment approach. Daily roll-over of REPO and collateralized money market accounts is done with preservation of principal foremost in mind.
65
Report No. 15-057 Page 2 of 2
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: This report is being provided to inform the Board of activities of the Treasury Department.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 336, Investment Policy
ATTACHMENTS: 1:
Monthly Report on Investments for December 2014.
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
by: Prepared by:
Sue Lee, Treasury Manager
Reviewed
Beverly Abad-Fitzgerald, Treasury Administrator
66
ALAMEDA - CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS FOR THE GENERAL FUND DECEMBER 31, 2014
(J)
-
Jl
en
I 0
en ...,
_,> :::! 67
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT MONTHLY REPORT ON INVESTMENTS
Table of Contents
Investment Summary
1
Investment Overview
2
Return on Investments
3
Detail of Portfolio
4
Repurchase Agreements
5
Government Securities (General Fund)
6
68
INVESTMENT SUMMARY FOR THE GENERAL FUND & BUS/OTHER FUND DECEMBER 31, 2014
TYPE MONEY MARKET ACCOUNTS REPO'S TREASURY BILLS DISCOUNT NOTES AGENCY BONDS
Average Interest Rate% 0.248% 0.042% 0.000% 0.000% 0.000%
TOTAL GENERAL FUND INVESTMENTS
TYPE MONEY MARKET REPO'S DISCOUNT NOTES AGENCY BONDS
Average Interest Rate% 0.070% 0.000% 0.000% 0.000%
TOTAL OTHER (CaiOES/Bus Proc.) INVESTMENTS
Carrying Value
Par Value
Fair Value
%of Total
$40,822,941.66 $15,000,000.00 $0.00 $0.00 $0.00
$40,822,941.66 $15,000,000.00 $0.00 $0.00 $0.00
$40,822,941.66 $15,000,000.00 $0.00 $0.00 $0.00
73.13% 26.87% 0.00% 0.00% 0.00%
$55,822,941 .66
$55,822,941.66
$55,822,941.66
100.00%
Carrying Value
Par Value
Fair Value
%of Total
$42,302,459.85 $0.00 $0.00 $0.00
$42,302,459.85 $0.00 $0.00 $0.00
$42,302,459.85 $0.00 $0.00 $0.00
100.00% 0.00% 0.00% 0.00%
$42,302,459.85
$42.302.459.85
$42,302.459.85
100.00%
Page 1
69
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT INVESTMENT OVERVIEW FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND DECEMBER 31, 2014
2014 DESCRIPTION
YTD
2015
AUG
JUL
SEP
OCT
NOV
DEC
JAN
FEB
APR
MAR
MAY
JUN
AVERAGE
CURRENT MONTH AVERAGE INTEREST !38TES
Repurchase Agreements (current month)
0.033%
Money Market Accounts (current month)
0.070%
0.030% 0.070%
0.020%
0.030%
0.031%
0.070%
0.030% 0.070%
0.042%
0.070%
0.070%
0.070%
Govt Securities held at month end Treasury Bills (purchased in current month) Discount Notes (purchased in current month) Agency Bonds (purchased in current month)
AVERAGE INTEREST RATE
Repurchase Agreements (12-month avg) Money Market Accounts (12-month avg)
0.024% 0.070%
0.024% 0.070%
0.025% 0.070%
0.025% 0.070%
0.025% 0.070%
0.026% 0.070%
0.025% 0.070%
0.110% 0.030% 0.112% 0.042%
0.090% 0.030% 0.110% 0.041%
0.100% 0.015% 0.110% 0.042%
0.090% 0.020% 0.110% 0.040%
0.100% 0.020% 0.111% 0.035%
0.120% 0.040% 0.113% 0.033%
0.102% 0.026% 0.111% 0.039%
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
9
10
8
7
7
7
8
$25,000,000 $73,097,085
$25,000,000 $73,102,837
$15,000,000 $83,109,517
$15,000,000 $83,114,941
$15,000,000 $83,120,132
$15,000,000 $83,125,402
$18,333,333 $79,778,319
$98,097,085
$98,102,837
$98,109,517
$98,114,941
$98,120,132
$98,125,402
$0
$0
$0
$()
$0
$0
$98,111,652
$98,097,085
$98,102,837
$98,109,517
$98.114,941
$98,120,132
$98,125,402
$0
$0
$0
$0
$0
$0
$49.055,826
Govt Securities held at month end Treasury Bills (Portfolio) Discount Notes (Portfolio) Agency Bonds (Portfolio) IHVESTMENT BENCHMARKS Current Month Daily Fed Funds Average Current Month Daily 3 Month T Bill Rate Average Monthly Avg of Daily Fed Funds (12 month avg) Monthly Avg 3 Month T Bill Rate {12 month avg) AVERAGE MATURITY OF INVESTMENTS Repurchase Agreements Treasury Bills Discount Notes Agency Bonds
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
DAYS
IHVESTMENTS AT CARRYING VALUE Repurchase Agreements Money Mari
INVESTMENTS AT CQ§T
Page 2
70
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT RETURN ON INVESTMENTS FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND DECEMBER 31, 2014
RETURN ON INVESTMENTS
JUL
AUG
$736 4,645
$646 4,242
2013 SEP
YTD
2014
OCT
NOV
DEC
4,662
$279 4,837
$379 4,682
$550 4,838
0 0 $4950
0 0 $5116
0 0 $5061
0 0 $5388
0 0 $0
$233 4,883 $5116
$354 4.707 $5 061
$588 4.801 $5 389
0
MAR
FEB
JAN
APR
MAY
JUN
TOTAL
Repurchase Agreements Money Market Treasury Bills Discount Notes Bonds Total return on investments
0 0
0 0
$5381
$4 888
Interest received Accrued interest Total return on investments
$681 4,700 $5 381
4305 $4888
$429 4,521 $4 950
$51,763,009 $28,225,806
$55,350,229 $29,032,258
$35,550,970 $27,666,667
$36,508,471 $16,935,484
$33,106,757 $17,500,000
$65,732,084 $19,838,710
$46,335,253 $23,199.821
54.53%
52.45%
77.82%
46.39%
52.86%
30.18%
50.07%
$288
$583
$2.878 0 0 $0
0 $0
$0
0 0 !0
0 0 $0
0 0 $0
0 0 $0
$27,906 $0 $0 $0 $30 784
0
0 $0
0 $0
0 $0
$2,868 $27,917 $30 785
$0
PORTFOLIO INVESTED Average daily portfolio available for investment Average daily portfolio invested % of average daily portfolio invested
CARRYING VALUE GENERAL FUND PORTFOLIO
FY 14115 Jul2014
Aug Sep Oct
No" Dec Jan 2015 Feb
$55,807,524 $55,810,762 $55,814,440 $55,817,430 $55,820.106 $55,822,942
M"
Jul2013 Sep Oct
No" Dec Jan 2014 Feb
Ap'
May J""
M'Y J"" FY 14115 Jul2014
Aug Sep Oct
No" Dec Jan 2015 Feb
$45,496,647 $46,135,214 $46,136,641 $47,548,538 $47,550,347 $47,552,300 $50,167,447 $50,168,951 $50,171,126 $50,171,978 $50,177,068 "$70,805,756
Aug
M"
Ap•
CARRYING VALUE BUS/OTHER PORTFOLIO
FY 13114
$42,289,561 $42,292,075 $42,295,077 $42,297,511 $42,300,026 $42,302,460
FY 12/13 Jul2012
A"g Sep Oct
No" Dec Jan 2013 Feb
M"
Ap•
M'Y J""
FY 13114 Jul 2013
$73,128,770 $72,495,973 $72,500,284 $71,093,538 $63,356,709 $63,360,651 $60,749,907 $60,753.670 $62,905,320 $62,908,820 $62,909,030 $42,286,280
A"g Sep Oct
No" Dec Jan 2014 Feb
M"
M"
Ap•
Ap•
May J""
M'Y J""
Page3
71
$42,603,947 $42,607,123 $42,610,779 $42,931,605 $42.935,324 $42,939,037 $42,940,095 $43,416,351 $45,493,510 $44,777,188 $45,220.228 $45,493,510
FY 11/12 Jul2011
A"g Sep Oct
No" Dec Jan 2012 Feb
M"
Ap•
May
FY11/12
FY 12113 Jul2012
Aug Sep Oct
No" Dec Jan 2013 Feb
M" Ap•
May J""
$34,705,371 $34,707,265 $34,709,158 $49,291,355 $49,293,816 $49,296,513 $49,299,100 $50,975,655 $48,916,111 $49,623,413 $49,184,941 $48,916,111
$35,460,813 $25,463,299 $25,464,942 $25,465,414 $40.467,036 $40 ,468 ,599 $40,837,954 $40,840,300 $40,843,075 $41,844,149 $42,597,995 $42,601,366
Jul2011
Aug Sep Oct
No" Dec Jan 2012 Feb
M" Ap•
May Jon
$5,743,559 $5,743,605 $5,743,649 $5,743,695 $5,743,739 $5,743,817 $5,375,346 $5,375,389 $34,699,100 $32,551,967 $32,553,678 $34,703,831
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT DETAIL OF PORTFOLIO FOR THE GENERAL FUND & BUS PROCUREMENT/OTHER FUND DECEMBER 31, 2014 Purchased From
TYPE
Settlement Date
Maturity Date
Days to Maturity
MONEY MARKET ACCOUNTS Wells Fargo Local Banks
Bank of America
TREASURY BILLS:
Rate%
Maturity Rate%
Carrying Value
Par Value
Fair Value
0.070% 0.425% 0.248%
0.070%
39,066,398.66
39,066,398.66
39,066,398.66
0.425%
1,756,543.00
0.248%
40,822,941.66
1,756,543.00 40,822,941.66
1,756,543.00 40,822,941.66
0.030%
0.030%
15,000,000.00
15,000,000_00
15,000,000.00
TOTAL DISCOUNT NOTES
0.00
0.00
0.00
TOTAL BONDS
0.00
0.00
0.00
55,822,941.66
55,822,941.66
55,822,941.66
TOTAL MONEY MARKET ACCOUNTS
REPO'S
Purchased
12f29/14
TOTAL REPO
01/05/15
7
TOTAL TREASURY BILLS
AGENCY DISC NOTES:
AGENCY BONDS:
I PORTFOLIO-
GENERAL FUND
MONEY MARKET: Wells Fargo MONEY MARKET ACCOUNTS
CalCES Bus Procurement
0.070% 0.070%
0.070% 0.070%
2,149,467.84 40,152,992.01 0.00
2,149,467.84 40,152,992.01 0.00
2,149,467.84 40,152,992.01 0.00
0.070%
0.070%
42,302,459.85
42,302,459.85
42,302,459.85
98,125,401.51
98,125,401.51
98,125,401.51
TREASURY BILLS: AGENCY DISC NOTES:
AGENCY BONDS:
IPORTFOLIO - OTHER (CaiEma/Bus Procurement)
ITOTAL PORTFOLIO COMPOSITION OF PORTFOLIO : Money Market Repurchase Agreements Treasury Bills Discount Notes Bonds
GENERAL FUND
73.13% 26.87% 0.00% 0.00% 0.00% 100.00%
Page 4
72
OTHER (CaiOESJBus Procurement)
100.00% 0.00% 0.00% 0.00% 0.00% 100.00%
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT REPURCHASE AGREEMENTS FOR THE MONTH ENDED DECEMBER 31, 2014
SETTLEMENT DATE
MATURITY DATE
DAILY ""REPO"" INVESTMENT$
CURRENT # INTEREST RATE OF DAYS
INTEREST EARNED
INTEREST RECEIVED
CASH RECEIPT
AIR ACTIVITY
NET ACTIVITY
AVERAGE INVESTMENT AMT.INV • #OF DAYS/ DAYS IN MONTH:
31
BANK OF AMERICA
11/25/14
12/02/14
$15,000.000.00
7
0.0300%
12.50
87.50
15,000,000.00
-75.00
-15,000,000.00
3,387,096.77
12/02/14
12/09/14
$15,000,000.00
7
0.0600%
175.00
175.00
15,000,000.00
0.00
0.00
12/09/14
12/15/14 12/22114
$15,000,000.00 $15,000,000.00
150.00 87.50
150.00 87.50
15,000,000.00 15,000,000.00
0.00 0.00
0.00 0.00
3,387,096.77 2,903,225.81
12/29/14
$15,000,000.00
6 7 7
0.0600%
87.50
87.50
15,000,000.00
0.00
0.00
01/05/15
$15,000,000.00
12/15/14 12/22/14 12/29/14 TOTAL
0.0300% 0.0300%
3,387,096.77 3,387,096.77
7
0.0300%
37.50
0.00
15,000,000.00
50.00
15,000,000.00
3,387,096.77
7
0.0420%
$550.00
$587.50
$90,000,000.00
-$25.00
$0.00
$19,838,709.66
575.00
0.00
34 5 6.8333
PageS 73
ALAMEDA- CONTRA COSTA TRANSIT DISTRICT GENERAL FUND GOVERNMENT SECURITIES SUMMARY FOR THE MONTH ENDED DECEMBER 31,2014 CUSIP NUMBER
AGENCY
SETTLEMENT DATE
Treasu
Bills Matured:
Treou:u
Bills Held at Month End:
MATURITY DATE
HELD
COST
VALUE
TOTAL TREASURY BILLS
MARKET RATE
DAYS
PAR
DISCOUNT RATE (%1
FAIR VALUE
RATE
CARRYING
MONTH
DURING
(%)
VALUE
INT. EARNED
MONTH
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
MO
Discount Notes Matured:
Oiseount Note5 Held at Month End:
TOTAL DISCOUNT NOTES Agency Bond Matured
Agency eond Held at Month End:
TOTAL BONDS
I
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Government Securities 90 days and less
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Government Seculities over 90 days
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Government Secunties- Aged
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Variance
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TOTAL GOVERNMENT SECURITIES
Pages
74
Report No: Meeting Date:
15-058 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
Linda A. Nemeroff, District Secretary
SUBJECT:
Travel and Meeting Expenses for Directors and Board Officers
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving the FY 2014-15 Second Quarter Travel and Meeting Expense Report for Directors and Board Officers. EXECUTIVE SUMMARY:
The Board is provided with an itemized quarterly summary of travel, meeting and miscellaneous expenses. BUDGETARY/FISCAL IMPACT:
On April 9, 2014, the Board voted to continue the 25% ($2,250) reduction in their travel budgets, leaving $6,750 for travel and meeting expenses during FY 2014-15, with the Board President receiving an extra $2,000 during each half of the fiscal year. Total expenses for the second quarter of the fiscal year amounted to $15,038.07 (Attachment 2). With regard to Board Officers, each Officer has an annual budget for travel and meeting expense reimbursements which was approved by the Board of Directors with the adoption of the District's budget. Board Officers' expenses totaled $4,086.62 for the second quarter of FY 201415.
BACKGROUND/RATIONALE:
Board Policy No. 180A - Travel, Meeting and Miscellaneous Expense Reimbursements for Directors and Board Officers, provides that the Board of Directors receive an itemized quarterly summary of all travel, meeting and miscellaneous expenses reimbursed under the policy. A summary of expenses for each Director and Board Officer is provided in Attachment 1 . In addition, the year-to-date expense total for each Director is provided in Attachment 2. ADVANTAGES/DISADVANTAGES:
This report is provided to the Board in the interest of transparency with regard to travel and miscellaneous expenses incurred by the Board and Board Officers.
75
Report No. 15-058 Page 2 of 2
ALTERNATIVE ACTIONS: This report is provided for information only.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 180A: Travel, Meeting and Miscellaneous Expense Reimbursements for Directors and Board Officers.
ATTACHMENTS: 1: FY 2014-15 Second Quarter Directors and Officers Travel/Meeting Expense Report
2:
Board Annual Expense Summary
by: Prepared by: Reviewed
Linda A. Nemeroff, District Secretary Doreen Mathews, Executive Administrative Assistant
76
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/15 Second Quarter Report Director
E,xpense Description
Expense Q2
Quarter
Declining Balance
- -----+---
--------
W",_,A=L=LA,_,C=E___ -fB-ce-ginning Balance _________ _ Less 25% Reduction (Approved by Board on 04/09/14) ____ 1st Quarter Travel/Meeting,; (July/Aug/Sep) __ ---------E2nd Qua~ter Travel/Meetings (OcUNovi,~D-=ec"')_ _ _ _ _ 3rd Quart43r Travel/Meetings (Jan/Feb/llflar) 4th Quarter Travel/Meetings (Apr/May/Jun)
$9,000.00
----+-----
-------$15~~9".~1~3+---$2,974.73 $2,974.73 $2,233.48 $120.00!
--------
-$2,250.00 __$§,590.87 $3,616.14 $1 ,3~~ $1,262.66
·->··.
]2nd Quarter Report
_ ___jOctober .. ·.
. _.
...
--·-·
;APTA Annual Conference, Houston, TX- October 12-15,2014 · Registration - __ - -- - - ----
Lodg_i_rl[____ _ _ _ Airfare -,~c:o-=::-::-::c:-:cc:;c:c:-c-· Groljnd Transportation_ Per die.m._._ _____ _
- - - - - - - - - - - - - - + ---
-
-------r-----
-------
Novei_Tib!Jr
-------~R~e~p~la~eme.,nt._P~D:_:A~----
----------------------
- -----------
PDA Service Fee*
--
---
- - - - - - ----------
$15.43
..
---
- -----------+------
$40.00
I
-•·
------
$125.00 $99.99 -+------.;f~:;t--- "$15.49 .
------------
December
l Fax-line charges ---- -----c-=~~-~~-'
---
.
COMTO Membership ~e~n~e:_:w~a~l_ _ _ __ Fax line charges
·----+------+----
-------~~=+----
- - - - - - - - - - + - -·
.-
!126.00] t3_07.50 I $40.00
- --------------------
Fax line charges
--
$889.20 __ $41()}0
- ·-------------=-------------
-------
PDA Service Fee*
i i -------+-----
$85o.o"'o"________
$15.42
'
-------+--"'='-"'=t-----~----
~~P~D~A~~se;rv:~ic~e=F~e~e=·===-----_--------------------..,i:........,=$0.4~o:.;,·--!F:;o:+:----------i---------=~~1Total:
i
$2,974.73
~
:::::
IIIC/J
g. ;:a
3 ...
..
CD en
1 *Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 77
:I
'
~
.... 00
TRAVEL/MEETING EXPENSE Directors and Officers FY 2014/15 Second Quarter Report
I
President
. ! Expense Description . Expense Q2 -- - -l(P~B.OOnt to Board POiiCY1aol;-th"a BOOrd President shailreCeiYe-an additional $2000 available during 1st half of flscai yei.r, and
Beginning January 2013
~s;~~-!':....~!l~ble during 2~d half of fiscal year)
HARPER
Beginning Balance Lessis-•7, Reduction (Approved by Board on oo4/09/14) 'Additional $2000 available 1St half of fiscal _'lear-Board President l1siduarter TraveliMeetings-(.JiJiy/Aug/Sejl)__ ~_ - -- -2nd Quarter Tr<~vei/Meetings__(OcUNo_II/Dec) 3rd Quarter Travel/Meetings (Jan/Feb/Mar) 4th Quarter Travel/Meetings (Apr/May/Jun)
Quarter
D
$186.~~ $2,340.72 $495.19 . $150.00i
$9,000.00 -$2,250.00 $2-;-ooo.oo $8,563.o4 $6,2:2:2 32 $5,7_;17J3 $5,577.13
]2nd Quarter Report
October 'APIA Annual Confer~n~.Houston, TX :.Qclober 12-15, 2014 Registration Airfare Lodging Per diem ----Ground Trans_portation
I '
•10/08L2014 -Mileage to atte_11d Bo§rd Meeting- Emeryville to Oakland
---1 ·' __ j ___ _
i10/1912614- Mileage to General Office to tiii
_()_akland
10/19/~0~~~ Roundtnp BA~T Fa..,-toSa~Fra_ncisco Transba~Termin~_.JPA M~e~ng 10/22/2014- Mileage to attencl Board Meetmg~ EI11Elr)!VIIIe to Oal
---~1 0/29/201.4_~ Mileage to attend-~ard Retreat: E_111~rX"ITie to Oakland- - [1>-DAServ~
Fee •
November
- --
1=
$3 96~--1
____
-
1-
-$ $3 B 61
·-··-··--
50 00
_.
11/05/201~ - Mileage_t()_
~- __::_::__--_:- $3 96!
11/_12/_2014- Mileage to attend Board Meetir1_g_::_E111eryville to Oakland .PDAServiceFee•
$3.96
_______
__
December !
$50.00
fare-~Sa~ Francisco to meet=with~ayorg~ Lee=:-~
1
112/5/14- Milea e to attend COMTO Dinner, Marriott Hotel, Oakland
'
1
$. ~$-._'-_!9f-_ . o·, -----.·.
6 6t
1 9 99
Replace_111ent PDA 127171= -BART
· --
----
.. _
$3.96
i
•Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 78
1
TRAVEL/MEETING EXPENSE Directors and Officers FY 2014/15 Second Quarter Report
President Beginning January 2013
~~~=~!e!~~:.~!~~~'~'"' •~"'"~'"'"' ~'"w
-t!!,OOO_avallable_ durlng~d half~fflscal year)
'"""
_
'" •••iilio;;ol$20oo "'"'"" '"""' "' holf "'"'"'' , . . , , , . . } ____
__ ____
____ .
Expen!.,_~2 _ _
Quarter
f"clining Balance
__
'
Beginning Balance
HARPER
Less~S%Reduction (A~proved biBoard on 004)09/14)__
!l,ddjtional_$2000 availabJe 1st ~alf of fiscal1l_ear-Boaf9_f>resident 1st Quart_er_Iravei/Meetings (Julyt~ug/Sef>) ;2n
----
$_2_-_.34_-_ o 72+ -1
]12t1ot14- Ml;eige to8_tt
l-
-
--
- -- -
--
--- - -
--
_$2:TI~ j~j $495.19·
--- $150.00
1
!
$9,000.00 -$2,250.00
s2,jjD_
$3§61
:12/11/14- BART fare to atte11d TJPAmeeting i_11 §an Francisco '] PDA Service Fee• Total:
2 •pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 79
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report
Director
1
- 'BeginniiiQBaiaiice-Less 25% Reduction (Approved by Board on04/09/14) -1st Quarter Travel/Meetings (July/Aug/Sep) - :2nd Quarter Travel/Meetings (OcVNoV!Dec-)-----:3rd Quarter Travel/Meetings (Jan/Feb/Mar) i4th Quarter Travel/Meetings (Apr/May/Jun)~--
ORTIZ
Declining_ Balance_
--------+Expense~- _____ Q_ua_rte_r
Expense Description
$~,000.00
_________!_
-:$2,250.00 $257.20
$6,492.80
:~~~~~~t~---=- ~;:~~~:~~ $5,442.06
$120.00
______ _j2nd Quarter Report
__
October
_
_
-~~;;~:::~s~~~~gu~t:~;;;~::::irectoffim~eting
-------t-i
----+----
---- -- - '1 0/22/2014_: 1\1\ITeageto attendB_(larcl_ofDirectors meeting _____ _ - - --- ----
--
$7.84
~
1 0/8/~()14_- Mileage- to atlend~T~ Ad Hoc Committee Mee-ting in downto:11_0a__ -kland-- T
$7.84'
10/14/2014: Mileage to attend COA""~"ting in Ala111_~_ _
$6.16
----
-- - - - - - -
-
-
_ __ -
--
--
,10/20/2014- Mileage to the General Office to take BART to SPUR Meeting in San I Francisco I -
----, I
I
_1 0/20/201_'1_:_Round trip_13ARIFare to San Fra_ncisco_to atten~ SPL)B__rneeting -
------
---t
$6.72
___
-==
___
PDA Service Fee* ---
-
Novembl!r
[
f
.
____. . _
.
__
_ .
$26.8~
,
f
I
$6.16
!
---_1-1i05/2014- Mileag-e-toattend BART/AC Transit ILC_M_e_e-tirigaithe General Office ----- i
---
1
$40,0___.0'-+----
------
]1_1103/2014- Mileage to attend cere111_ony for o_fficialland transf_er_of Alameda Point
--
I
--
i10/3512614- M1leage to attend funeral for father of Bnan Kelly, CA-State Transportation Clayt~n, CA.
$7.84
----
--- $6.60:
_1 0/28/2014_:-__ Mile:3ge to attend _1\lameda Rotary_Ciub L_llncheon
Agency Se:etary in
-=l
-- J'
---------
10/29/2014 -_r.Jiileage to attend Bol!rd_Be!reat _
_-~-------=$7.84
------~-~~~-+
11/08/2014- Mileage to FTA BRTFunding Announceme_rJt::_ Kaiser Convention Center
$7.11 $7.62
___
~
-----
__
--------_--
----
-------+
---------------
*Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 80
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report Director
rc---~
ORTIZ
~ ____ JExpense Q~~
·Expen~I!_Descril'tiol1
~~-Beginning Bala11ce ~ -~c~~.Less 25% Reduction (Approved by Board on 04/09/14) ~ i 1st Quarter Travel/Meetings (July/Aug/Sep) ~~ ~ _____ ~nd Qyarter Tra\/I!~Meeting~(()<:t/Novibec) _____ ~~ ~ i3rd Quarter Travel/Meetings (Jan/Feb/Mar) [4th Quarter Travel/Meetings (Apr/May/Juri)------~~
$9,000.00 -$2,2~0-~0
~---
$732.60
-
__ L___
ReplaCE!Illent PDA
$399.99
~I PDA Service Fee*
$40.00
I
Quarter
----r-------
' ~
------t- ---~~-
--1-
-----
December ~ __:_1211012014- Mileage to _'lttencjBo
-
--
-
-
$7.84, - -
-
-----"'12/=08/2014- San!,eand~Swearing In Ceremony- 835 East 14th St. San Leandro
$B.74 .
-----~--~-=~----
$23.99
'12105/2014 - PDA Accessories
=~i $257.20, __ ji~.-492.80 $732 eoj_ $5,769~ $5.562~06 $198~1£_ __ _ $120.00 $5,442.06
.. .
----.- . .- ~ ~
-
~~~~
i~
· fPbA Service I
Fee•~---
.
$4o.oor $732.601
Total:
2 *Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 81
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report Director
Expense Description
ExpenseQ2 ----
Beginning Balance __________ _ L,ess25% Reduction (Approved by Board on 04/09/14) ____ _ ------~_stguarter Travel/Meetings (July/Aug/SepL ____ ___ 2nd Quarter Travel/Meetings (OcUNov~/;D~e..,c:;'-)_ __ ___---~--"3'"'rdQuarter Travel/Meetings (Jan/Feb/Mar) ----4th Quarter Travel/Meetings (Apr/May/Jun)
. .... . . . _
APTA Annual Conference, Houston, TX - October 12-15, :2014 (TRIP CANCELLED) ___ Registration (APTA credit issued for $640) __ -----~-~~Lodging Deposit (Reservation cancelled within 24 hrs of arrival. 1 night room/tax.) ____._Airfare (airline credit received for full amount- $462. 70)
$2,058.16[
_-__---T
-
--
- -$1]27 56 $2,058.16 $324.oo $1so.oo
-- -=±=
' - - - - - _-
I
--_-
$4,822.44
$2,764,~8 $2,44~~ $2.290.28
I
---==--
----
------
~<=~
--~ r:::O~~~~tQattend~7~~-~ee:ng_: C~stro-Valley toOa~-November ---111/12/2014- Mileage to attend Board Meeting- Castro Valley to Oakland
---==-__ ---
$16.80+--
L
c--
---+
]PDA Service Fee* _
December .
-
-
-
-~
____ --
-
--
-·
. .._
-·-
. .. ·- .-
.
- -·---
.
--=---~eplacerTl_ent PD~_
i
PDA Service Fee*
$1~f- _ $50.00
-=--==--
-----
__
=----
____
•--~=
'
$16.8__0+--
----!----
-------
' $5.00 i-------;$;-;1;-:;4.00 - - - - - - $199,()() ____- -
--------+ ------+-----------
------
----==---
------
12/1"1-/2014- PDA Acccc-ce-:-ssc-o-r~ie-s
1----
------
$75.00
---+---
·Swearing in Celebration, Sacramento, CA- December 1, 2014 -----Bridge Toll ------Parking
----------
-
12/1 0/2014 - Roundtrip Mileage to attend Board Meeting - Castro Valley to Oakland
·-.-
-=-----
$50.00
------$16.80'
11/0Sf2014:: Mileage to FTA BRT Funding Announcement, Ka1ser Co;;;;en!ion Cen~
12105/2014- Building__and Construction Trades Council Annual Holiday t,uncheon
f---
r
.~
·!-----{~:~~~:~~
$800.00 I -----+_ _;-$2=;:0:;:9_.43 - - - - - - -------+-- $462.7~0-1----
----
~
-+----- -- --
-------
WILLIAMS 1----- _ _______
J 2nd Quarter Report r--- ~----October ·
Quarte..,r._--+iD.._e .••clining_Eialanc"
$76.39
- ---
1---!
+----------1
---
--
----------1
$50.00
*Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 82
TRAVEUMEETING EXPENSE Directors and Officers FY 2014-2015 Second Quarter Report Exll"nse Q2
E)(Jl~llse Descri"pt"io"-n"-----
Director
DAVIS
Beginning Balance ___ _ Less 25% Reduction (Approved by Board on 04/09/14) '1st Quarter Travel/Meetings (July/Aug/Sep) 2nd Quarter Travel/Meetings (Oct/Nov/Dec) - ---3rd QuarierTravei/Meetings (Jan/Fe"""b/~M:--a_,rL)_ __ 4th Quarter Travel/Meetings (Apr/May/Jun)
i
---- IAPTA Annual Gonferenc_e_, Houston, T_ x _: Octobe.r 12-15, 2o14
-~
~6~~~;tion
__ CA Hyrdogen & Fuel Cell Summit: Sacramento, CA, October15-16, 20_~1~4~-- Registration Lodgjng Per diem 11 0/08/2014 - Milea_g-" to att_e_nd Board Meeti11g - Newark to Oakl.-=-a'-'-nd,__ _ ==--r-0/2212014- Mileage to attend Board Meeting- Newark to Oakland -
-"··'·'·- .•
. ., ... ,.......... "'·-• ..•..·. ,_ •. "'" _._,,, •. ,_.
--~1~
f-----
-,
____ _
-----_-:__ _---,
Mileag~
Parking
- r11/12i2D14: Mileage to attend Bmlrd Meeting - Newark to Oakland
$10.77 $428.70 $84.00 $248.5"0:1--$50.00
$119.00 $321.98 $81.751---$28.0,_01----
$28.00
leA Transit Association- Annual Fall Conference, Monterey, CA, November 12-14, 2014-Registration ______- _ ------ -Lodging Per diem
I
$28.00+---
-=-- ---===-r/29/2014- Mileage to attend Board Retreat- Newark to Oakland . _ . .. _ ,
I
_:::L=~r- --~---+_-
_----_-::____ __-'-_======---___ 1 ____ Internet ~e_rv_i_ce_lll_Ro_om _____ __ ---+1Airfa.,_.re"=_ ---~ __ Qround Transportation _______ ______ ________ _F'E!_rd_i_em__ _ _____ _ t---=B-=-ag,gage _ _______ ____ _ __ _______
.
~9,000.00 -$2,2§0.00 _----c$;i;;:6o-;,503.36 $2,530.53 $2,530.53 $2,530.53
I _ _ _ __
October
_ November.
Declining Balance
$246.64 $3,972.83 $0.00 $0.001
$3,972.83
--~2nd Quarter Report
--
Quarter
---~'--
$350.00 $390.14 $82.25 $100.80 $38.00
_ _ _ j_
$28.00
1
December *Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 83
TRAVEL/MEETING EXPENSE Directors and Officers FY 2014-2015 Second Quarter Report ~<>ctor
~
~s ~~
_____
I-J-----
f---
~-Expense Q2
----+._E..,xp,..ense Description - ~-, Beginnif1Q ~Balance Less 25% Reduction (Approved by Board on 04/09/14) 'i st Quarter Travei/Meeting~(JulyiAug/Sep) ~
112/1 0/2014 ·~Mileage toattend Board
~ _ -+---~
_____ ______
------£2""nd Quarter Travel/Meetings (Oct/Novi,D::Ce .•~c"-)_ _ _ 0 3rd Quarter Travel/Meetings (Jan/Feb/Mar) 4th Quarter Travel/Meetings (Apr/May/Jun) ----~---
---~
$9,000.00
. --~ $246.64, ~ ~~~ --~ _~_$3,972.83 $3,972.831 ~ ~ $0.00 I - l - - - $0.00
Meeting~- Newark to Oaklanud__ _ _ _
$28.00
-~--~-- ~12/05/2014 - Mileage to attend the COMTO Dinner, Marriott Hotel, Oakland~----'----
Quarter _ ~ Declining_E3alance
~-------
$28.45
1
-$2,2~
$6,503.36 $2,530.53
$2,~~
$2,530.53
-~--- __ - - -__
~
f---
~~
!
I
Total:
I ---~~-
$3,972.83
----·~·~
2 *Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 84
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report §
Dire_ct_o_r ____ ..... _Expense Description PEEPLES
Quarter
Declining Balance
Beginning Balance_ .. --~~~~ Less 25% Reduction (Approved by Board on 04/10/13) ---+1-;A-;dd-;.i~tional $2000 available 21ld half of fiscal year: Bo-,a-rd=P-re-s~id~e-n~t I
I
_1 stQuarter Travel/Meetings (July/Aug/Sep) 2nd Quarter TraveVMeetings (OcUNov/Dec) .
·.
$2,189.04 .
3rd Qu. arter·T-ravei/Meeting. s (Jan. IF.eb./M=a'fr)_ _ __ 4th Quarter Travel/Meetings (Apr/May/Jun)
1
J 2nd Quarter Report October
---·
·
·
· · · ....··. ·.. ·.
.... , ·'
-+AP~~;;t~~t~~~onference, Houston, TX: October12-1_S, 2ci14
___________ -~
Airfare ·· · Lodging ···--Ground Transportation - - - t · · Per IJiem____ ---
___·_···_ _ -
·November
·
PDA Service Fee*
+ ,
.
.
$4~42~-~20~------
$141.57 $11.77
$36"'6~.5;o;O-r----
---+-=----_
_$182.00
- - --_-_ _____ · .
:t~/18/2014- Oakland Chamber Power Breakfast -~=
----=---+F-~800_ 00 , _ _ _ _ _ _ _ ·--
TRil Individual Affiliate Membership. ---- -- ·· PDA Service Fee•
~:___
·
$348.99 $2,189.04 $2,937.47 . $120.00,
. L::=:::~o~oo
-u-F
_
--------
-1----
$5o.ooi
--+-
L __ _ _
_ _ _ December.
'"· '-'·· "
""' __
,. ··'
12/05/2014 - Building and Construction Trades Council Annual Holiday Luncheon - -· ··· ·
·· PIJA Service Fee*
$75.00 -$40.00 $2,189.04
Total:
*Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 85
TRAVEUMEETING EXPENSE Directors and Officers FY 201420/15 Second Quarter Report
Director YOUNG
Expense_92
+El(Jlense Description u
IBeginning Balance
.. . .. Less 25% Reduction (Appro11.ed by Board on 04/1)9~14)_ '1st Quarter Travel/Meetings (July/Aug/Sep) I2nd Quarter TraveiTMeetings (OcttNov/Dec-)- - - · +----- - --------j3rd Quarter Travel/Meetings (Jan/Feb/Mar) ]4th Quarter Travel/Meetings (Apr/Ma¥/Jun) _·-· ···---··
m
1
Quarter
u
I
$552.241
$769.99
· --- ____.--- $12ooo; $120.00·
+-
.2nd Quarter Report
October
.I
· ·l - -
·
-r-.-~_-::-::1- ~-- --~.r. ·
PDA Service Fee* ... -
November
$769.991
·
.
.
COMTO fv1e;,bership Renewal. Service Fee* -, PDA ------------- ---
$40.00
Decllmber
---+r::--.-
. ReplacementPDA __ _ 'PDA Service Fee* .Total:
-
$399.99 $40.00 $769.99
1 •Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 86
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report Expense Description
Declining 13>tlance -------
BOARD OFFICERS DAVID J. ARMIJO- GENERAL MANAGER _ 1st Quarter Travel/Meetings (July/Aug/Se~) ___________ 2nd Quarter Travel/Meetings (OcUNov/Dec) 3rd Quarter_Travei!Meetings (JaniFeb/Mar) 4th Quarter Travel/Meetings ~Apr/May/Jun)-
__ - _ _ - - --_--_-_-- ~~-----i--__¥,086-.62-,-- ----_I
2nd Quarter Report
___----Oct!l.ber . _·_ · ____ .
.,
.. , . :>.
-.
.
<.
_ ______
__--_--
_______ $26.00
----r
November .. _ - - -ICTA Exec. Committee Meeting, Monten;,y, CA- November 11, 2014 Registration _ _____--__ - -- ---
i
I
-· - . .
.
- .. --
.. -· -- .. >.
..
__
--=-~--- __ ______
- ---------- iomni TransitfCA Hydrogen Business Council Board Meeting, jDecember 17-18,2014 _______ _ Airfare Auto Rental Fuel Ground Transportation Total:
------_·--- ___--_-- ___1_ $14845t- __
=-
$240()
$367.20•
!I
------~Jjl,~~~ransportation
=-+
-
_ lAPTA Legislative Me_eting, Washington _Q,C. -December 3-5, 2014 Air Fare _ _______ _ __ _l,o_dging ___ ______ __ ________ _ _
__
--y--
·1 $350.00 - ----r---$195.D7
L,oci_gin_g___ _ _____ __ Parking
----- December
$o.oo·
$~i;:~~ ----~--±--
--'
-~ ~~~H~rog:n & Fu_ei __C_e_-_11S_~t.~acra~nt_:~--~Oct0ber15-16__, 20_14_____
-_---~_Lodging
~----
.. ~- ~ ~--- :~~~:~~ -
- A P T A Annual Conference, Houston, TX - October 12-15,,_.2,_.0._,1_.4_ __ -~gistr
-
$865.78
$4,0~~:~~
$400.~-----
___ _
-L
$41.92 $10.00 1 ---------------$66.00
Diamond-BaC.cil~$287.20 $68.70 $20.42 ___________...$_..12=".85" --
--- - - - - - - -
----+--_$j,l)86.621
•pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section Ill. C (Travel). 87
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report I
Expense Description
Expense Q2
BOARDOFFICER~NISE ~:STAN~~~--~~TERIM GE~E-RAL CO~NSEL___ -~112nd st Quarter .•T.raveii·M . eet.ing. s.(.Ju.lyii\IJ·g· ./.Sep...)._______ _ __________ .. Quarter Travel/1\ileetings (Oci/Nov/Dec) 3rd_ Quarter Travei!Meeting~(J
-l
-1=--_.
_ _____ ·
- ------ -----
'':~.;:_-·.
[2nd Quarter Report
oc;tO!ier ·_
...
!No Reportables.
'
-,
No Reportables. -----,---
---
~-
,_,;,"• ·,
,
i
i-
'
-
- ---
----
°
---T- .. -_:t__-:_~
~L___···-~-~
November · --- -
.
__ ~ - -
$O.OO- 1 , _ _________$$0 0_ ._0 00 ! ----$0.00 ·...···· ... .. .. --$0.00 I
....
(luarter __ _Declining Balan_<:e
----- .
December·-·. No Reportables.
Total:
$0.00
*Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 88
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report ' Ex(lens_~ Descrjption___ _
1
Quarter
.E
De<:lining !mlance
---
BOARD OFFICERS LINDA A. NEMEROFF- DISTRICT SECRETARY _1st Quarter Travei/Meetir1_gs (July/Au_g/See) __ 2nd Quarter Travei/Meetin_gs (OcVNov/Dec) :3rd Quarter Travei/Meetir~gs (Jan/Feb/Mar) 4th Quarter Travel/Meetings (Apr/Max/Jun) _ _
-
1
___$0.0l---=-=+ ---I -----
r · ·. 4__. __ t-=--
_--~No Reportables.
r - --
$0.00 ~00 __ _ $0.00]
-~!
2nd Quarter Report
October
November
$0.00
.
:-. ,_
'-·
.
~
.-:
',
iN,; Reportables.
- - I =.:::-__::__:_
December 1 No Reporiables Total:
,
'
.
-
1
;____
--
~o.ool
1 *Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 89
TRAVEUMEETING EXPENSE Directors and Officers FY 2014/2015 Second Quarter Report
BOARD MEMBER Wallace Harper Ortiz Williams Davis Peeples (Board President effective January 2015)
Young GRAND TOTALS
Expense Q1
ExpenseQ2
ExpenseQ3
ExpenseQ4
$159.13 $186.96 $257.20 $1,927.56 $246.64
$2,974.73 $2,340.72 $732.60 $2,058.16 $3,972.83
$2,251.73 $495.19 $198.14 $358.50 $0.00
$120.00 $150.00 $120.00 $150.00 $0.00
$348.99 $552.24 $3,678.72
$2,189.04 $769.99 $15,038.07
$2,999.66 $120.00 $6,423.22
$120.00 $120.00 $780.00
TOTAL
YTDBALANCE
%Available
$5,505.59 $3,172.87 $1,307.94 $4,494.22 $4,219.47
$1,244.41 $7,577.13 $5,442.06 $2,255.78 $2,530.53
18.44% 70.48% 80.62% 33.42% 37.49%
$5,657.69 $1,562.23 $25,920.01
$3,092.31 $5,187.77 $27,329.99
45.81% 76.86% 55.49%
l>"' ::::;;J:l
., .... n :T "' '
3.. ~ co
...
:I N
•Pursuant to Board Policy 180A, Section V.B, expenses related to District provided faxes and cell phones shall be charged against the funds provided to each Director under Section III.C (Travel). 90
Report No: Meeting Date:
15-059 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
FY 2014-15 Second Quarter Employee and Non-Employee Out-of-State Travel
BRIEFING ITEM RECOMMENDED ACTION(S): Consider Receiving the FY 2014-15 Second Quarter Employee and Non-Employee Out-of-State Travel Report. EXECUTIVE SUMMARY: The Employee Out-of-State travel for the Second Quarter of FY 2014-15 totals $20,437.54 which wa s funded by the District Operating Program. There are no non-employee travel expenses to report. Attachment 1 summarizes the trips that were taken in the Second Quarter, and Attachment 2 provides a detailed description of the justification for the trip and the nature of the expenses. BUDGETARY/FISCAL IMPACT: Budgeted travel activity is included as part of FY 2014-15 budget.
BACKGROUND/RATIONALE: The Employee Out-of-State travel for the Second Quarter of FY 2014-15 totals $20,437.54 which was funded by the District Operating Program. There are no non-employee travel expenses to report. Attachment 1 summarizes the trips that were taken in the Second Quarter, and Attachment 2 provides a detailed description of the justification for the trip, as well as the nature of the expenses. The out-of-state travel was primarily focused on employee development activities. summary of the Out-of-State travel for the second quarter is as follows: Title of Conference
Month of Attendance October 2014 October 2014 October 2014 October 2014 November 2014
APTA's Expo 2014 APTA 2014 Annual Conference HASTUS Advance Training HASTUS User Group Conference DBE Workshop 91
A brief
Report No. 15-059 Page 2 of 2 APTA Transit Tech Samanage Advisory Conference
October 2014 November 2014
ADVANTAGES/DISADVANTAGES: There are no notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: This report does not recommend an action.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 14-280 FV 2014-15 First Quarter Employee and Non-Employee Out-of-State Travel
ATTACHMENTS: 1: Employee Out-of-State Travel Summary, Second Quarter FY 2014-15 2:
Detailed Description of Employee Travel, Second Quarter FV 2014-15
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Prepared by:
Sue Lee, Treasury Manager
92
AC Transit OUT OF STATE TRAVEL SUMMARY (EMPLOYEES)
Sorted by start date
2ND QUARTER (OCT- DEC) FY 2014/2015 Name
Start Date
End Date
Purpose
City/State
Grant Funded?
Total Cost
Martin,Ajay
9/30/2014
10/4/2014 HASTUS User Group Conference
MONTREAL, CANADA
No
1,696.86
Martin,Ajay
10/5/2014
10/9/2014 HASTUS Advance Training
MONTREAL, CANADA
No
2,062.58
10/10/2014
10/15/2014 APTA 2014 Annual Conference
HOUSTON,TX
No
2,012.08
Greene, Beverly
10/11/2014 10/11/2014
10/15/2014 APTA 2014 Annual Conference 10/15/2014 APTA 2014 Annual Conference
HOUSTON,TX HOUSTON,TX
No No
2,615.07
Hoffman,Stuart O'Neiii,Tom
10/11/2014
10/15/2014 APTA Transit Tech
HOUSTON,TX
No
2,069.12
Bonds,James A.
10/12/2014
10/14/2014 APTA'S EXPO 2014
HOUSTON,TX
No
1,256.69 2,467.32 2,012.57
Butler, Dennis
2,327.32
Llamas, Salvador
10/12/2014
10/15/2014 APTA 2014 Annual Conference
HOUSTON,TX
Sooch,Manjit Takara,Darrell
10/12/2014
10/15/2014 APTA TransiTech 2014
HOUSTON,TX
No No
CARY,NC
No
589.99
McCants, Phillip
11/16/2014
ATLANTA,GA
No
1,292.44
11/3/2014
11/5/2014 Samanage Advisory Conference 11/19/2014 DBE Workshop - Atlanta, GA
20,402.04
Total
(/)
Jl
"' "'>"' I
0
--i --i
:... 93
This page intentionally blank
94
SR 15-059 ATT.2
Employee:
James Bonds
Date:
10/12-10/15/2014
Purpose:
APTA's Expo 2014
Place:
Houston, Texas
Cost:
$1,256.69
Nature of Expenses: Airfare ($391.70), Lodging ($698.49), Per Diem ($166.50) Justification: James is the most senior, Senior Buyer. The APTA EXPO is public transit's premier showcase of technology, products and services. By attending, James Bonds was at the center of the growing public transportation industry. James also had the opportunity to familiarize himself with new and different vendors, products, and services to obtain the best possible pricing on replacement parts and related services which is of value to the District. The side benefits of interacting and meeting with potentially 15,000 peers from across the country is also extremely beneficial. Having these contacts will allow staff to tap into resources on a national scale. By attending the conference, not only did he benefit from the experience himself, but also brought back to the rest of the Purchasing staff, but particularly the Senior Buyers at CMF, the knowledge and information that he experienced first-hand to assist other staff members in being more productive and effective with their responsibilities. Employee:
Dennis Butler
Date:
10/10-10/15/2014
Purpose:
APTA 2014 Annual Conference
Place:
Houston, Texas
Cost:
$2,012.08
Nature of Expenses: Airfare ($463.70), Lodging ($216.08), Ground Transportation ($162.80), Per Diem ($319.50); Conference Fee ($850.00) Justification: Attend the conference to make preliminary inquiries and determine the feasibility of having a double-deck bus demonstration pilot project at AC Transit. This test is scheduled to get underway with the arrival of the double-deck bus in early February. In addition, investigate the emerging alternative fuel technologies, including advances from the various manufacturers on hydrogen fuel cell technology, electric bus technology (particularly charging systems) and hybrid drive technology.
Finally, investigate the latest development in bus wash and bus lift
technology and products. Employee:
Beverly Greene
Date:
10/11-10/15/2014
Purpose:
APTA 2014 Annual Conference
Place:
Houston, Texas
Cost:
$2,615.07
Nature of Expenses: Airfare ($556.74), Lodging ($753.48), Ground Transportation ($225.35), Per Diem ($229.50), Conference Fee ($850.00) Justification: Beverly attended a number of training seminars and discussions. She attended a number of committee meetings on behalf of the District which included the Bus & Paratransit Planning Conference Committee, the Leadership APTA Committee, and the Member Services Committee. She met with key individuals in the transportation industry including members of COMTO and APTA. She also attended the annual triennial expo and learned about new technologies that exist or are in development to further improve the transportation industry. 95
Employee:
Stuart Hoffman
Date:
10/11-10/15/2014
Purpose:
APTA 2014 Annual Conference
Place:
Houston, Texas
Cost:
$2,327.32
Nature of Expenses: Airfare ($305.70), Lodging ($978.12), Ground Transportation ($87.00), Per Diem ($106.50), Conference Fees ($850.00)
Justification: Stuart attended the APTA Annual Meeting & EXPO in October 2014 which provided the opportunity to visit and review the latest technologies for buses and support equipment at the EXPO. In addition Stuart participated in various committee meetings that provided developments in vehicle and facility equipment from other agencies in the transit industry. Attending the APTA Annual Meeting & EXPO provided Stuart with the opportunity to network with industry leaders deploying best practices along with advancements in new technologies. The APTA EXPO offered a display of the latest advancements on bus support equipment provided the opportunity to meet Original Equipment Manufacture's representatives. Stuart experienced the following: Bus - low and zero emission technologies, double deck bus, fare collection/validation technology, Transit Signal Priority technology, priority lane enforcement technology and Facility- bus wash, in-ground hoist, HVAC equipment, among other energy efficient facility technology. Some of the meetings attended were: Bus Technical Maintenance Committee, Clean Propulsion & Support Technology Committee, Promising Practices in Asset Management, State of Good Repair & Performance-Based Planning, Mid-Level Managers Welcome and Orientation, and several Zero Emission Bus (ZEB) Technology breakout sessions offered during the conference.
Employee:
Salvador Llamas
Date:
10/12-10/15/2014
Purpose:
APTA 2014 Annual Conference
Place:
Houston, Texas
Cost:
$2,467.32
Nature of Expenses: Lodging ($1,095.12), Airfare ($305.70), Ground Transportation ($110.00), Conference Fees ($850.00), Per Diem ($106.50)
Justification: Salvador attended the APTA Annual Meeting & EXPO in October 2014 which provided the opportunity to participate in various committee meetings and also see some of the latest technology developments in vehicle and facility equipment supporting the transit industry. Some of the meetings attended: Bus Technical Maintenance Committee, Clean Propulsion & Support Technology Committee, Promising Practices in Asset Management, State of Good Repair & Performance-Based Planning, MidLevel Managers Welcome and Orientation, and several Zero Emission Bus (ZEB) Technology breakout sessions offered during the conference. Between meeting sessions, Salvador attended the EXPO, viewing the latest advancements on bus and facility equipment displayed and interacting with Original Equipment Manufacture's (OEM) to further assess what will be on the market. He was able to experience the following: Bus collection/validation
technology,
- low and zero emission technologies, double deck bus, fare Transit Signal
Priority technology,
priority lane enforcement
technology and Facility- bus wash, in-ground hoist, HVAC equipment, among other energy efficient facility technology. Attending the APTA Annual Meeting & EXPO provided networking opportunities to
96
stay connected with industry leaders deploying best practices and current and emerging industry advancements with equipment. Employee:
Martin Ajay
Date:
10/5-10/9/2014
Purpose:
HASTUS Advance Training
Place:
Montreal, Canada
Cost: $2,062.58 Nature of Expenses: Airfare ($784.10), Lodging ($781.69), Ground Transportation ($85. 79), Per Diem ($411.00) Justification: The HASTUS Advanced OIG/d training course was to support Martin's role as the lead HASTUS administrator for the Scheduling Department. The course built upon his oig/d scripting skills so that he would be better able to design customized reports and summaries for the District's statistical needs. Employee:
Martin Ajay
Date:
9/30-10/4/2014
Purpose:
HASTUS User Group Conference
Place:
Montreal, Canada
Cost: $1,696.86 Nature of Expenses: Lodging ($977 .11), Conference Fee ($292.50), Per Diem ($320.00) Justification: The HASTUS Users Conference is an international event that brings together planners, schedulers and data administrators from all over the world to learn about new products and features that GIRO builds into their suite of software modules each year. GIRO regularly organizes User Group meetings that enable their clients to participate in workshops, receive detailed information on new features, and interact with their project and development teams, as well as with industry peers. Employee:
Phillip McCants
Date:
11/16-11/19/2014
Purpose:
DBE Workshop
Place:
Atlanta, Georgia
Cost: $1,292.44 Nature of Expenses: Airfare ($521.20), Lodging ($468.72), Parking ($40.68), Per Diem ($240.00), Mileage ($21.84) Justification: Disadvantaged Business Enterprise (DBE), FTA-sponsored workshop for managing DBE programs. Training identified in department's budget and utilized accordingly. Expenses include flight to and from training site; hotel stay; parking of POV adjacent to Oakland International Airport, and per diem/mileage per travel policy. Employee:
Tom O'Neill
Date:
10/11-10/15/2014
Purpose:
APTA Transit Tech
Place:
Houston, Texas
Cost: $2,069.12 Nature of Expenses: Airfare ($448.50), Lodging ($726.57), Ground Transportation ($73.15), Per Diem ($248.50), Parking ($47 .40), Conference Fees ($525.00) Justification: Tom O'Neill attended APTA's TransiTech to attend technical sessions, to review potential vendors & products, and to meet and talk with peers from other agencies.
97
Employee:
Manjit Sooch
Date:
10/12-10/15/2014
Purpose:
APTA TransiTech 2014
Place:
Houston, Texas
Cost: $2,012.57 Nature of Expenses: Airfare ($448.50), Lodging ($726.57), Parking ($64.00), Per Diem ($248.50), Conference Fees ($525.00) Justification: From AC Transit Information Services Department, Manjit was a presenter at APTA TransiTech 2014 Conference session "Information Technology/Big Data Round Table. My topic was "Development of Key Performance Indicators and Measurable Benefits to Operations" which covered DATA, how do we get it, what do we do with it when we have it? How can it help us in our respective roles as transit practitioners? The 2014 TransiTech Conference featured multiple sessions covering all aspects of transit technology and work in conjunction with the exhibits at the showcase to provide a comprehensive overview of transit technology for today and tomorrow. Sessions ranged from electronic payment systems to transit ITS applications and advanced bus technology. Lesson learned from transit and supplier/consultant personnel engaged in the design, procurement, equipment, and technology; public transportation information technology professionals; Chief Information Officers, Operations Managers and staff; Software Developers; and other modern public transportation information technology stakeholders. Employee:
Darrell Takara
Date:
11/3-11/5/2014
Purpose:
Sa manage Advisory Conference
Place:
Cary, North Carolina
Cost: $589.99 Nature of Expenses: Airfare ($367.20), Ground Transportation ($107.79), Per Diem ($115.00) Justification: The Samanage Advisory Conference provided the opportunity to share best practices, customer experiences among IT professionals using Sa manage, and to influence the features road map of the product itself. Sa manage is the new Help Desk ticket system.
98
AI
...,~··
Report No: Meeting Date:
TI'?-9/VS/T
15-060 February 25, 2014
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Fiscal Year 2014- 2015 Second Quarter Surplus and Obsolete Materials Report
BRIEFING ITEM RECOMMENDED ACTION(S): Consider Receiving the FY 2014- 2015 Second Quarter Surplus and Obsolete Materials Report . EXECUTIVE SUMMARY: During the Second Quarter of Fiscal Year 2014-2015, the District sold at auction one lot of obsolete parts and material for a net return of $5,520.00. The obsolete parts and materials identified in Staff Report 14-071 had surpassed their useful life expectancy for the District's needs. All parts and materials identified were for fleets which have been retired, and are no longer on District property. All items were sold in compliance with District Board Policy 356. BUDGETARY/FISCAL IMPACT: The net return in the amount of $5,520.00 for the sale of obsolete parts and materials listed on Staff Report 14-071 was applied to the District's General Fund .
BACKGROUND/RATIONALE: In accordance with District Board Policy 356, on a quarterly basis the Materials Department is required to report the sales of obsolete and surplus parts and equipment. The parts and material identified on Staff Report 14-071 have surpassed their useful life expectancy, and have met all Federal Transportation Authority requirements for disposal. The parts and materials were sold at auction for fair market value at the time of sale . ADVANTAGES/DISADVANTAGES: The Board of Directors has requested a quarterly report on obsolete and surplus sales. ALTERNATIVES ANALYSIS: Staff found no practical alternatives to the course of action recommended in this report.
99
Report No. 15-060 Page 2 of 2
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Report 14-071: Consider approving the disposal of surplus and obsolete parts and materials through sale, or by means that are most advantageous to the District. Board Policy 356: Disposition of surplus equipment, supplies, and other tangible personal property of the District.
ATTACHMENTS: There are no attachments for this report.
Executive Staff Approval:
James D. Pachan, Interim Chief Financial Officer
Reviewed by:
Denise C. Standridge, General Counsel Jon Medwin, Procurement and Materials Director Fred Walls, Acting Materials Superintendent
Prepared by:
100
Report No: Meeting Date:
15-061 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Status of Contracts and Purchase Orders over $50,000
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving the quarterly report on the status of contracts and purchase orders over $50,000. EXECUTIVE SUMMARY:
This report provides information on the status of contracts and purchase orders over $50,000 awarded by the District for the period of October 1, 2014 through December 31, 2014. Attachment 1 provides the contracts valued from $50,000-$100,000 and Attachment 2 provides resulting purchase orders valued at $50,000-$100,000, which are procured through an informal competitive process, as prescribed by Board Policy 350. In addition, Attachments 3 and 4 provide the contracts and purchase orders that equal or exceed $100,000 in value that are procured through a formal procurement process. BUDGETARY/FISCAL IMPACT:
There is no budgetary/fiscal impact associated with this report.
· BACKGROUND/RATIONALE:
Board Policy 350 requires that the Board of Directors review on a quarterly basis the status of all contracts and purchase orders over $50,000 awarded by the District. The attachme"nts to this report represent procurement actions in the $50,000-$100,000 range as well as those that require a formal procurement process, as the award value is at least $100,000. Typically, purchase orders are valid for the fiscal year they were issued. Exceptions to this practice occur most commonly in capital projects when funds may roll over to the next fiscal year. Additionally, procedures have been established to track expiring contracts, and an eight month rolling report is sent to Project Managers monthly to remind them of the expiring contract. This report enables the Purchasing Department to work proactively and closely with requesting departments to renew, rebid, or let contracts expire. Additionally, effective January 2015, the assigned Contract Specialist or Senior Buyer began contacting Project Managers who have not informed the Purchasing Department of their request to enter into an available option, to re101
Report No. 15-061 Page 2 of2 procure, or to let the contract lapse. This process will foster clearer communication and heightened collaboration between Purchasing staff and Project Managers. In doing so, few, if any, procurement actions should go unaddressed because no direction was provided. ADVANTAGES/DISADVANTAGES: There are no advantages or disadvantages. ALTERNATIVES ANALYSIS: There is no alternate analysis. This report fulfills the reporting requirements established under Board Policy 350. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 350-Procurement Policy ATTACHMENTS:
1. Contracts valued at $50,000-$100,000 awarded between Oct. 1, 2014-December 31, 2014 2. Purchase orders valued at $50,000-$100,000 from Oct. 1, 2014-December 31, 2014 3. Contracts valued at $100,000 or more awarded between Oct. 1, 2014-December 31, 2014 4. Purchase orders valued at $100,000 or more opened from Oct. 1, 2014-December 31, 2014
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Reviewed by: Prepared by:
Denise C. Standridge, General Counsel Jon Medwin, Director of Procurement and Materials
102
Contracts Awarded between $50,000 to $100,000 from 7-1-2014 to 9-30-2014
Contract No.
Contract
Expiration
Specialist
Date
2014-10287
Eric Burks
9/ 30/ 2015
Project Manager
Award
Bus Stop Inspection & Photography
Aaron Priven
10/ 1/ 2014
Cable Advertising Services Professiona I ConsultantExecutive Search
Karen Lynch
10/ 1/ 2014
5/1/2015
92
$95,000.00
0
David Armijo
10/ 16/2014
12/ 18/2014
932
$62,500.00
Description
Date
Deadline
Days to Deadline
Dollar
Opt Prds
Opt Prds
Amount
total
remain
8/1/2015
184
$60,000.00
None
None
Vendor
Type
Urbank Marketing Channels
Federal, RFP
0
Comcast
Sole Source
0
0
Water & Company Executive
RFP
2015-10297
Eric Burks
6/30/2015
2014-10290
Eric Burks
2/ 16/ 201S
2015-10298
Eric Burks
10/ 17/ 2017
Bottled Water Services
Rick Wrzesinski
10/ 17/ 2014
8/18/2017
1
$92,185.80
2
2
Nestle Waters
IFB
2015-10302
Jamell Woodard
3/31/2015
PeopleSoft FIN Support and Team Lead
Tom O'Neill
11/ 21/ 2014
1/30/2015
1
$87,750.00
No
No
LKS Consulting Inc.
Sole Source
2015-10303
Jam ell Woodard
3/ 31/ 2015
PeopleSoft FIN Support and Team Lead
Tom O'Neill
11/ 21/ 2014
1/30/2015
250
$72,800.00
No
No
Firm us Consu lting Inc.
Sole Source
Jamell
12/ 5/ 2015
Emeryville
Joe Calloway
12/ 5/ 2014
10/ 6/2015
41542
$99,492.62
No
No
Engineering, Procurement &
2014-1299
Woodard
Maintenance Bay H2 Uipgrade
Construction
{f)
:Il
_..
(.11
I 0
0)
_..
103
SR 15-061 ATT.2 POs Issued between $50,000 to $100,000 from 7-1-2014 to 9-30-2014
I ( 1 I\1{>
1~~1~11'11111'1
/1~~111~ J~1 (JI(~(>'
J \1(
]I~>[~-~~~
II![ ---
-
-
-
-
.
II"''' I
0000028927
$50,000.00 11/10/2014 12839
XEROX TRANSPORT SOLUTIONS INC
jbonds
0000028709
$54,070.38 10/21/2014 7433
DOWN TOWN FORDfTRUCK PARTS
jbonds
0000029496
$55,218.62 12/15/2014 11615
KIMLEY-HORN AND ASSOCIATES
nhenry
0000028508
$59,500.00
GOBIS AND COMPANY, LLC
jwoodard
0000028717
$60,000.00 10/22/2014 14932
URBAN MARKETING CHANNELS
eburks
0000029212
$60,000.00 11/25/2014 12991
WELLS FARGO INSURANCE SERVICES
bkjackso
0000029535
$61,104.53 12/18/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
10/7/2014 14828
0000029536
$61,104.53 12/18/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000029537
$61,104.53 12/18/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000029589
$65,619.74 12123/2014 11905
IPC
raguas
0000029590
$65,619.74 12123/2014 11905
IPC
raguas
0000029591
$65,619.74 12123/2014 11905
IPC
raguas
0000028405
$65,972.25
10/2/2014 10622
GILLIG CORPORATION
jbonds
0000029474
$66,000.00 12/11/2014 10710
PALACE GARAGE, INC
bkjackso
0000029652
$66,763.81 12/30/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000029653
$66,763.81 12130/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000029478
$67,677.66 12/11/2014 11905
IPC
raguas
0000029479
$67,677.66 12/11/2014 11905
IPC
raguas
0000028957
$68,000.00 11/13/2014 10469
S.F. BAY AREA RAPID TRANSIT
pdavis
0000028862
$68,565.36 10/30/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000028820
$68,993.00 10/27/2014 10237
CAMERON-COLE LLC
nhenry
0000029407
$69,840.22
12/4/2014 10451
SOUTHERN COUNTIES OIL COMPANY
raguas
0000029408
$69,840.22
1214/2014 10451
SOUTHERN COUNTIES OIL COMPANY
raguas
0000029139
$72,800.00 11/24/2014 14376
FIRM US CONSULTING INC
jwoodard
0000029127
$80,000.00 11/21/2014 15021
SERENITY INFOTECH, INC
jwoodard
0000029304
$81,326.21 11/26/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000028968
$83,181.82 11/13/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000028982
$83,181.82 11/13/2014 10468
GOLDEN GATE PETROLEUM CO.
0000029062
$83,234.14 11/20/2014 11905
IPC
0000029063
$83,234.14 11/20/2014 11905
IPC
raguas raguas raguas
0000029654
$83,454.76 12/30/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000029480
$84,597.08 12/11/2014 11905
IPC
raguas
CHUCKS BRAKE AND WHEEL
jbonds
GILLIG CORPORATION
jbonds
10/7/2014 8711
0000028509
$85,020.00
0000028751
$85,281.60 10/24/2014 10622
0000029409
$87,300.28
12/4/2014 10451
SOUTHERN COUNTIES OIL COMPANY
raguas
0000028912
$87,384.86
11/6/2014 15314
FLYERS ENERGY LLC
raguas
0000029138
$87,750.00 11/24/2014 14474
LKS CONSULTING
jwoodard
0000028682
$87,933.33
WATERS & COMPANY INCORPORATED
eburks
0000028837
$88,474.00 10/29/2014 2782
S & A SYSTEMS, INC.
bkjackso
0000028838
$88,474.00 10/29/2014 2782
S & A SYSTEMS, INC.
bkjackso
0000028861
$91,420.48 10/30/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000028742
$91,779.74 10/23/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000028583
$92,902.88 10/16/2014 10468
GOLDEN GATE PETROLEUM CO.
raguas
0000028719
$95,000.00 10/2212014 11289
COMCAST SPOTLIGHT
eburks
0000028409
$97,430.30
IPC
raguas
0000029493
$99,492.62 12/15/2014 14387
ENGINEERING, PROCUREMENT & CONSTRUCTIO
eburks
11/3/2014 15469
10/2/2014 11905
Page 1 of 1 104
I
Contracts Awarded greater than $100,000 from 7-1-2014 to 9-30-2014
Contract No. 2014-1295 D3 2014-1295
Contract Specialist
Expiration
Eric Burks
10/ 11/ 2016
Eric Burks
Date
10/ 11/ 2016
occ 2014-1297
Description
Project Manager
Award
D3 Richmond
Michael Hass
12/ 11/ 2014
Date
Deadline
Days to Deadline
Dollar Amount
8/12/2016
561
$2,377,690.00
Opt Prds total
Opt Prds remain
Vendor
Type
Dreyfuss &
Reactivation A&E
Blackford
Services
Archit ects
RFQ
Craig Michels
12/ 11/ 2014
8/12/2016
561
$389,102.00
STV, Inc.
RFQ
Joe Calloway San Leandro Transit Center A&E Design Services
12/ 11/ 2014
4/12/2016
439
$600,000.00
Parsons Transportation Group Inc.
RFQ
OCC Relocation A&E Services
Eric Burks
6/ 11/2016
(J)
:0 (.II
I 0
(»
.....
105
SR 15-061 ATT.4 POs Issued greater than $100,000 from 7-1-2014 to 9-30-2014
PO No.
IISum Amount
0000029297
IIPO Date
11\fendor 11\fendor Name
$101,657.76 11/26/2014 10468
UBuyer
:raguas ra uaS
'GOLDEN GATE PETROLEUM CO.
000002-9303--~01,657.76;-11/26/2014:104~G0LDEN GATE PETROLEUM CO.--
,_9 _ _ ---
0000028983 0000029064 0000028913 0000028860 0000028743 -----0000028744 0000028582.
raguas raguas
--
'-----t--
---
1
----
$103,977.28 11/13/2014' 10468---- GOLDEN GATE PETROLEUM CO. _:__:___ _ IPC $104,042.68 11/20/2014 11905 ----FLYERS ENERGY LLC $109,231.08. 11/6/2014' 15314 $114,275.6o!iot3ot2014 10468 GOLDEN GATE PETROLEUM CO. $114,724.68 10/23/2014 10468 GOLDEN GATE PETROLEUM CO. GOLDEN GATE PETROLEUM CO. $114,724.68 10/23/2014 10468 $116,128.60 10/16/2014 10468 GOLDEN GATE PETROLEUM CO. 0000028S~$116~128.60i 10/16/2014,10468 ;GOLDEN GATE PETROLEUM CO. 0000028544 _ $116,490.48! 10/9/2014110451 __ SOUTHERN COUNTIES OIL COMPANY _ 0000028545 0000028546 0000028408
raguas
~---
$116,490.48 10/9/2014 10451 $116,490.48: 10/9/2014 10451 $121,787.881 10/2/2014 11905 ooooo284i()'~2i,78'?.88 1 10/2/2014 11905
SOUTHERN COUNTIES OIL COMPANY
'ilo0oo29505
'CLAREMONT BEHAVIORALSERViCis
__
-~--
raguas raguas -raguas --:------ ---:raguas raguas -- ;-ag_u_a_s
--~~ragua~
1
$130,590.00 12/16/2014 7431
SOUTHERN COUNTIES OIL COMPA_,N_:__Y___ IPC .IPC --~~-------~-----
Page 1 of 1 106
------
__
_:__ra""'guas_ raguas ---r-ag-u-as jwoodard
Report No: Meeting Date:
15-062 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Bi-Monthly Budget Update- November and December 2014 Year-to-Date
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receipt of the Bi-Monthly Budget Update for the period of November and December 2014 for Fiscal Year 2014-15. EXECUTIVE SUMMARY:
Current revenues on a Year-To-Date (YTD) basis are included in the bi-monthly budget report to provide a more complete overview of the District's current financial condition. The year-to-date operating revenues and subsidies are showing an increase of $2.2 million or 1.3 percent from the same period last fiscal year. The increase in revenues and subsidies are due to an increase in Sales Tax and Property Tax Subsidies. Sales Tax Subsidies increased by $1.6 million and Property Tax Subsidies increased by $3.2 million over the same period from the prior year. Farebox revenues showed a $0.5 million or 2.1 percent increase from the prior year. The District's operating expenses are trending below the budgeted levels projected for FY 201415, with expenditures lower than budget by approximately $1.85 million or 1.1 percent as of December 31, 2014. Salaries and Wages are trending 2.1 percent below budgeted levels. Nonlabor expenditures are currently below budgeted levels, with services expenditures $1.4 million under budget. The Fuels and lubricants account is starting to show increased savings due to lower than budgeted fuel prices. The Materials and Supplies account is currently slightly over the budgeted levels, due to the impact of obsolete materials write-offs. The combined revenues and expenses for the current fiscal year show a positive financial trend for the initial six months of Fiscal Year 2014-15. Staff will continue to monitor both revenues and expenses during the fiscal year to proactively manage the District's operating budget. BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
107
Report No. 15-062 Page 2 of 4 BACKGROUND/RATIONALE: OPERATING REVENUES AND SUBSIDIES:
Current revenues on a year-to-date basis are included in the bi-monthly budget report to provide a more complete overview of the District's current financial condition. The Operating Revenues and Operating Subsidies are provided on an YTD basis to provide annual trends and account for seasonal fluctuations experienced by several revenue items. The December YTD revenues are showing an increase of $2.2 million or 1.3 percent over the same period from the prior year. The increase in revenues and subsidies are primarily due to an increase in Sales Tax and Property Tax Subsidies. Farebox revenues showed an increase of $0.5 million or 2.1 percent from the same period for the prior fiscal year. Contract Services revenues showed a decrease of $0.7 million, which is primarily due to the timing of collections from Contract Services. The Other revenues showed a decrease of $0.2 million, which is due to timing in the receipts of BART Transfers revenues, plus some other minor miscellaneous items. The Operating Subsidies showed an overall increase of $2.6 million or 1.9 percent from the same period last fiscal year. The increase in Operating Subsidies resulted from the following: • Sales Tax Subsidies increased by $1.6 million or 2.4 percent due to improved taxable retail sales in the region. • Property Tax Subsidies increased by $3.2 million or 6.2 percent due to higher property valuations and increased real estate sales transactions in the East Bay region. • Purchased Transportation Related Subsidies increased by $0.3 million or 10.5 percent due to the timing of the recording of Federal Paratransit lease revenues. • Other subsidies decreased by $2.6 million or -22.1 percent, mainly due to timing in the receipt of Pass-through revenues associated with the Transbay Joint Powers Authority (TJPA) program as well as the receipts of the Federal Assistance funding for ADA Paratransit programs. OPERATING EXPENSES SECTION:
Operating Expenses continue to be presented on a YTD Budget vs YTD Actual basis for the current budget period. The December YTD budget variance report shows the District operating below projected expense levels, with expenditures $1.85 million or 1.1 percent lower than budgeted levels. The Salary and Wages account line item had a positive variance of $1.2 million or 2.1 percent of the Salary and Wages budget. The savings in the Salary and Wages account reflect in part reduced overtime expenditures in the Maintenance Department due to the implementation of improved management control mechanisms, as well as a small number of vacant salaried positions.
108
Report No. 15-062 Page 3 of 4 The Fringe Benefits account line item had a negative variance of $-1.5 million or -3.4 percent of the Fringe Benefit budget for the period. The unfavorable variance was due to a combination of lower than expected costs for FICA and Paid Time Off (positive $ 1.6 million) which were more than offset by higher retiree postemployment benefits expenses {$2.8 million) and slightly higher than expected healthcare costs {$0.3 million). The Pension Fund account line item expenditures were $0.3 million over the projected budget levels. The Adjusted Labor Costs account line item expenditures reflect a higher recovery in the capitalization of labor and indirect costs for Capital Projects. The non-labor expenses showed a positive variance during the YTD period, with expenditures below budget for five of eight account line items. The non-labor account line items had a favorable variance of approximately $2.07 million, which was 4.0 percent lower than budgeted for the period. The Services account line item had a positive variance of $1.4 million or 11.5 percent of the Services budget for the YTD period, with Professional and Technical Services and Contract Maintenance Services comprising a large part of the positive variance. The Fuel and Lubricants account line item had a positive variance of $0.3 million or 3.1 percent of the Fuel and Lubricant budget. The positive variance is projected to continue growing as a reflection of the reduction in diesel fuel prices. The Other Materials and Supplies account line item, which includes bus parts and supplies, had a negative variance of $0.19 million or -2.6 percent of the Material and Supplies budget. The negative variance was due to an adjustment to inventory due to obsolescence ($0.45 million). The Utilities and Taxes account line item had a positive variance of $0.14 million or 4.6 percent of the Utilities and Taxes budget for the period. The positive variance was the result of lower than expected charges for Use and Sales Taxes. The Casualty and Liability account line item had a positive variance of $0.30 million or 5.9 percent of the YTD budget. The savings in the Casualty and Liability account was due to improved actuarial projections based upon the reduction in claims, which is a result of the drop in accidents that has occurred over the past several months. The Interest Expense account line item had a negative variance of $0.03 million or -4.8 percent of the YTD Interest Expense budget. The negative variance was due to minor adjustments and reconciliation in the amortization schedules for the Certificates of Participation. The ADA Consortium and Other Purchased Transportation account line item shows a negative variance of $-0.3 million or -2.6 percent of the budget. Finally, the Other Expenses line item reflects a positive variance of $0.55 million or 42.3 percent of the period's budget due to the timing of receipt of election related invoices for the District's Board. ADVANTAGES/DISADVANTAGES:
The advantage of the bi-monthly report on the budget is to allow the Board of Directors to remain current on the status oft he annual budget revenues and expenditures. 109
Report No. 15-062 Page 4 of 4
ALTERNATIVES ANALYSIS: This report does not recommend an action.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 312- Budget Policy
ATTACHMENTS: 1:
FY 2014-15 Operating Revenues and Expenses Trend Analysis YTD December 2014
Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Prepared by:
Hernan Vargas, Budget Manager
110
FY14/15 Operating Revenue and Expense Trend Analysis Preliminary December 2014
Expenses: FY14/15 Annual Budget compared to FY14/15 Actual Expenditures Ql FY14/ 15
Operating Expenses (OOO's}
FY14/15 Budget
FY14/15 Actual
Q2 FY14/ 15 (Prelimina ry} •
Var$ (Un}Fav
Var% (Un}Fav
FY14/15 Budget
FY14/15 Actual
Salary & Wages Fringe Benefits Pension Fund Total Labor Costs Adjusted Labor Costs
28,833 21,506 9,945 60,283 59,783
27,990 23,311 7,742 59,043 58,274
842 (1,805) 2,203 1,240 1,510
2.9% -8.4% 22.2% 2.1% 2.5%
28,833 21,506 9,945 60, 283 59,783
28,466 21,183 12,497 62,147 61,518
Services Fuel & Lubricants Other Materials & Supplies Utilities & Taxes Casualty & Liability Interest Expense ADA Consort and Other Purchased Transp Other Total 0_11e_rating Expenses
5,927 4,579 3,751 1,532 2,500 285 6,553 651 85,560
4,333 5,094 4,027 1,308 2,289 299 6,551 155 82,330
1,595 (515} (277} 224 211 (14} 1 496 3,231
26.9% -11.3% -7.4% 14.6% 8.4% -4.8% 0.0% 76.1% 3.8%
5,927 4,579 3,751 1,532 2,500 285 6,553 651 85,560
6,154 3,776 3,666 1,616 2,416 299 6,901 597 86,941
Var$ (Un}Fav
Tota l FYTD (Pre lim inary) • Var % (Un}Fav
FY14/15 Budget
FY14/15 Actual
Var$ (Un}Fav
Var % (Un}Fav
366 323 (2,552) (1,863) (1,734)
1.3% 1.5% -25.7% -3.1% -2.9%
57,665 43,011 19,890 120,566 119,566
56,456 44,494 20,239 121,189 119,791
1,209 (1,483) (349) (623) (225)
2.1% -3.4% -1.8% -0.5% -0.2%
(226)
-3.8% 17.5% 2.3% -5.5% 3.4% -4.8% -5.3% 8.4% -1.6%
11,854 9,157 7,501 3,064 5,000 570 13,105 1,303 171,121
10,486 8,870 7,693 2,924 4,705 597 13,452 752 169,271
1,368 287 (192} 140 295 (28) (347) 551 1,850
11.5% 3.1% -2.6% 4.6% 5.9% -4.8% -2.6% 42.3% 1.1%
-
-
803 85 (84) 84 (14) (348} 55 (1,381)
Revenues: FY14/15 Budget compared to FY13/14 Budget Q2 FY14/15 (Pre liminary) •
Q1 FY14/15
Operating Revenue (OOO's) Fare box Contract Services Other Total Operating Revenues Sales Tax Subsidies Property Tax Subsidies Purchased Transportation Related Subs Other Federai,State & Local Subsidies Total Subsidies Tot al Operat ing Revenues and Subsidies
FY13/14 Actual
FY14/15 Actual
Var $ (Un}Fav
Var% (Un}Fav
FY13/14 Actual
FY14/15 Actual
Var$ (Un}Fav
Total FYTD (Prelimina ry) • Var % (Un}Fav
FY13/14 Actual
FY14/15 Actual
Var$ (Un)Fav
Var % (Un}Fav
13,443 2,352 1,741 17,537
13,924 2,058 1,594 17,576
480 (295} (147) 39
3.6% -12.5% -8.4% 0.2%
12,993 475 1,832 15,299
13,059 104 1,751 14,913
66 (371} (81} (386)
0.5% -78.2% -4.4% -2.5%
26,436 2,827 3,573 32,836
26,982 2,161 3,345 32,489
547 (666} (228) (347)
2.1% -23.6% -6.4% -1.1%
31,552 26,186 1,517 4,338 63,593 81,130
33,117 27,723 1,791 4,657 67,288 84,864
1,565 1,537 273 319 3,695 3,734
5.0% 5.9% 18.0% 7.4% 5.8% 4.6%
34,059 26,233 1,542 7,306 69,140 84,439
34,075 27,924 1,591 4,409 68,000 82,913
16 1,692 49 (2,897) (1,140) (1,526}
0.0% 6.4% 3.2% -39.6% -1.6% -1.8*..<>
65,611 52,418 3,059 11,644 132,733 165,569
67,193 55,648 3,381 9,067 135,288 167,777
1,581 3,229 322 (2,578) 2,555 2,208
2.4% 6.2% 10.5% -22.1% 1.9% 1.3% C/)
:::0
• Note :
C1l I
Review of December accruals and adjustments is underway by the Accounting and Budget departments
0
(!) 1\)
> -i ;-i
111
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112
Report No: Meeting Date:
15-033a February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Proposed FY 2015-16 Budget Goals and Objectives, Assumptions, and Projections
BRIEFING ITEM RECOMMENDED ACTION(S):
Consider receiving an overview on Staff's proposed FY 2015-16 Budget Goals and Objectives, Assumptions, and Projections. EXECUTIVE SUMMARY:
The Board adopted a budget development calendar on November 12, 2014, which included the development of goals and objectives, assumptions, and foreca st s for FY 2015-16. The Goals and Objectives are based upon the performance management model established for the Di strict, including Providing Quality & Reliable Service; Effective Communication, Messaging & M arketing; Utilizing Financial Resources Efficiently & Effectively; Creating a Safety Culture; and Attracting & Retaining a High Quality Workforce. Staff conducted a review of national, state, and local economic trends to develop assumptions for the development of revenue projections for FY2015-16. The expenditures are based upon the terms of the collective bargaining agreements and assumptions outlined in the Short Range Transit Plan (SRTP). Based upon the budget assumptions, staff developed a preliminary budget forecast for FV201516 of $358.8 million. BUDGETARY/FISCAL IMPACT
There is no budgetary/fiscal impact associated with thi s report.
BACKGROUND/RATIONALE:
The Board adopted a budget development calendar on November 12, 2014, and adopted a Mid -Year budget for both Operating and Capital activity for the current fi sca l year on January 28, 2015. The mid-year budget is the current projection of revenue trends and operating costs. Staff also presented in Staff Report 15-033 that identified the next steps in the development process for the budget, which included the following:
113
Report No. 15-033a Page 2 of 3 •
Ensure strategic budget priorities are included in the Short Range Transit Plan (SRTP),
•
Establish goals and objectives to achieve District priorities in FY 2015-16,
•
Update Key Performance Indicators (KPI) to measure progress towards achievement of the goals and objectives.
The Goals and Objectives provided in this report are based upon the performance management model established for the District. In July 2012, an executive strategy session was convened to develop organizational goals of the agency. The session included conducting a SWOT analysis that identified the strengths, weaknesses, opportunities and threats related with achieving the goals and objectives. A new mission statement was established along with five overarching organizational goals.
AC Transit Mission Statement Connecting our communities with safe, reliable, sustainable service ... we'll get you there. AC Transit's Organizational Goals 1. Provide Quality & Reliable Service 2. Effective Communication, Messaging & Marketing a. Enhance Image & Branding b. Internal & External 3. Utilize Financial Resources Efficiently & Effectively a. Capital Projects b. Operational 4. Create a Safety Culture 5. Attract & Retain a High Quality Workforce a. Employee Productivity & Accountability A list of goal and objectives were included in the FY 2013-14 and FY 2014-1S budget review processes and incorporated in the final approved budget books for those fiscal years. The executive management team reviewed the goals and objectives with their staff and made adjustments to ensure the new goals reflected the current work plan and are realistic and achievable for the new fiscal year. A summary of the high level District goals are shown in Attachment 1. Staff conducted a review of national, state, and local economic trends to develop assumptions for the development of revenue projections for FY 2015-16. The labor projections are based upon the terms of the collective bargaining agreements. The fringe benefit and non-labor expenditures are based upon the assumptions outlined in the Short Range Transit Plan (SRTP). A summary ofthe high level budget assumptions are shown in Attachment 2. Based upon the budget assumptions, staff developed a preliminary budget forecast for FY 201516 of $358.8 million. A summary of the preliminary forecast for the FY 2015-16 budget is shown in Attachment 3.
114
Report No. 15-033a Page 3 of 3
ADVANTAGES/DISADVANTAGES: This report does not recommend a course of action with notable advantages or disadvantages.
ALTERNATIVES ANALYSIS: This report is being provided to the Board as part of the scheduled activities in the development ofthe FV 2015-16 Operating and Capital Budgets.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: SR 14-283 Budget Development Process and Calendar, November 2014 SR 15-033a Budget Framework, January 2015
ATTACHMENTS: 1: Proposed FV 2015-16 Goals and Objectives and Major Project List 2: Budget Development Assumptions 3: Preliminary high level forecast for the F¥2015-16 Operating and Capital Budgets Department Head Approval:
James D. Pachan, Interim Chief Financial Officer
Prepared by:
Hernan Vargas, Budget Manager
115
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116
SR 15-033a A TT.l
FY 2015-16 BUDGET DEVELOPMENT PROCESS AC TRANSIT DISTRICT GOALS AND OBJECTIVES District Goal1: Provide Quality and Reliable Service Eliminate Cancelled Assignments and Reduce Outlate assignments to: <125 system wide cancellations based upon monthly division average by end of June 30, 2016. Improve Bus Cleanliness to: 8.1 out of 10 rating by end of June 30, 2016. Improve Mean Miles Between Road Calls: 5,400 miles by the end of June 30, 2016. Improve On-Time Performance by improved scheduling and supervision: to 72% by end of June 2016. Improve Operator Courtesy as evidenced by reduced complaints: 5% reduction in complaints by end of June 2016. Improve Scheduling Efficiencies: 10% reduction specialty school service by end of June 30, 2016. Reduce absenteeism to: 5% reduction from current absenteeism rates by end of June 30, 2016. Reduce Missed Trips to: 275 total system wide per month by end of June 30, 2016. Conduct baseline Customer Satisfaction Study of current rider base and receive final report by June 30, 2016. Increase responsiveness by establishing a minimum Service level Agreement with response to 60% of customer issues where feedback is requested within 10 calendar days. Increase Ridership with improved service quality by 3% by June 2016. Develop, update and maintain project schedule for all capital projects, Work breakdown Structure and schedule specification documents by September 2015. Establish standard workflows to enable better collaboration among various internal departments, with completion of process rollout session and process flow data chart definition by October 2015. Implement Flex Service in low-density areas to replace ineffective and infrequent fixed-route service, with Implementation of the line 275 Flex Service Pilot by December 2015. Implement COA service expansion proposals with BB revenues, with half of all recommendations by June 2016.
1
117
FY 2015-16 BUDGET DEVELOPMENT PROCESS AC TRANSIT DISTRICT GOALS AND OBJECTIVES District Goal 2: Create a Safety Culture Improve District Emergency Response efforts, as follows: • Improve Deputy Sheriff response time to crimes in progress by 5%. • Implement new System Security Plan by August 2015. Implement Safety Security Management Plan by December 2015. Improve system security by implementing security enhancements, as follows: • Tip Now application to help reduce Crime Indicators on buses by 4% by June 2016. • Conduct vulnerability assessment of all Divisions by August 2015. Reduce Worker's Compensation costs, as follows: • Bring in-house Worker's Compensation legal work. • Focus on early resolution of Worker's Compensation claims by Oct. 2015. Reduce employee injuries and workers compensation costs by 5% by June 2-16, as follows: • Implement a FIT test for selecting Bus Operator candidates by October 2015. • Install Automatic External Defibrillators (AEDs) by October 2015. • Implement a pilot injury-reduction incentive program in Maintenance by October 2015. Reduce collision rate per 100,000 miles to: • 4.0 by the end of June 2016 • Implement drive risk monitoring technology as a pilot program by July 2015. Reduce passenger accidents/incidents per 100,000 miles to: • 3.25 by June 2016 • Implement drive risk monitoring technology as a pilot program by July 2015.
District Goal 3: Utilize Financial Resources Efficiently and Effectively Development and implementation of new budget development system, with initiation of a statement of work and procurement by June 2016. Develop streamlined approach to District procurement processes to ensure an average procurement cycle of 180 days or less for most procurements. Monitor developments with the Affordable HealthCare Act, particularly exposure to "Cadillac Tax", and develop tax reporting by December 2015 and complete measurements by September 2015. Implement a new Employee Development program to provide new learning opportunities, with rollout of employee development program by September 2015.
2
118
FY 201S-16 BUDGET DEVELOPMENT PROCESS AC TRANSIT DISTRICT GOALS AND OBJECTIVES Reduce the Pay to Platform hours by 1% to provide additional operating efficiencies. Control overtime expenditures at 5% below budgeted levels. Manage employees on long-term leave to ensure best practice for return to work is followed, with Implementation of a return to work program by September 2015. Increase fare box revenue with increased ridership by 3% by June 2016. Increase Clipper penetration rate with a review of the fare policy and implementation of marketing efforts to increase Clipper penetration by 3%. Control Paratransit operating costs through capitalization measures and improving productivity. • Reduce cost/passenger by 2% • Increase productivity 2% by June 2016.
District Goal 4: Attract and Retain a High Quality Workforce Improve the diversity of the District's workforce with improved adherence to the EEO plan by June 2015. Establish a compensation program for unrepresented employees based on pay for performance, with program implementation to be completed by June 2016. Establish a performance feedback system (in addition to current goal setting processes) for AFSCME employees by December 2015. Increase employee effectiveness with development of resources for new employees with materials and procedures in place by September 2015. Implement Hay Study with revisions to pay and classifications with revisions to pay and classifications as determined by the Board. New performance review process implemented as part of the performance management process implemented by September 2015.
3
119
FY 2015-16 BUDGET DEVELOPMENT PROCESS AC TRANSIT DISTRICT GOALS AND OBJECTIVES
District Goal 5: Effective Communication, Messaging and Marketing Enhance AC Transit's image among external audiences as measured by a 15% improvement in perception as determined by a public survey. Follow-up to Baseline survey conducted in Spring 2015 with future surveys every two years. Continue bi-monthly newsletter to improve internal and external communications. Publish GM eNewsletter, On the Move bi-monthly throughout the year. Evaluate EasyPass pricing matrix and policies, establish criteria and make recommendations to Board by September 2015. Host District Town Halls to update public officials on AC Transit's programs, projects and operations, with completion of five (5) Town Halls by March 2016. Outreach to area Chambers of Commerce, with attendance at 50 Chamber meetings and/or events by April 2016. Visit state and federal legislative representatives, with 16 meetings with legislators by May 2016. Develop and produce FY 15-16 Legislative Funding Book, with completion of legislative funding priority book by November 2016. Implement the updated Title VI program and policies submitted to FTA in 2014. Implement 1/2 of the program elements by June 30, 2016 in order to meet FTA compliance of the program by the next triennial update in Fall2017. Improve Stakeholder relationships and communications. Conduct a transit workshop for local officials and stakeholders.
4
120
FY 2015-16 BUDGET DEVELOPMENT PROCESS AC TRANSIT DISTRICT GOALS AND OBJECTIVES
Major Projects
v' Commence construction of the new OCC v' Complete construction on the D2 Hydrogen Maintenance Bay v' Complete the transition to Daily Ops using HASTUS v' Complete the refurbishment of the D6 parking lot v' Complete the refurbishment ofthe D2 parking lot v' Commence Construction ofthe GO Glass & Glazing Refurbishment v' Commence Construction ofthe GO Structural Repairs v' Complete the Rehabilitation of the Board Room v' Complete the Elevator Modernization at three of the four facilities v' Commission the D4 Hydrogen Electrolyzer v' Complete the Design of the Line 97 Adaptive Signals Project v' Improve service reliability along the Hesperian Corridor. v' Procure and install upgraded Bus Washers and Bus Lifts. v' Complete A&E plans and initiate construction on D3 rehabilitation. v' Complete design for D4 rehabilitation. v' Complete design and start construction of Contra Costa College, Richmond Parkway and San Leandro BART Transit Centers. v' Initiate implementation of Ellipse Upgrade. v' Initiate implementation of CAD/AVL Modernization. v' BRT- Complete construction for Utility Relocation {Package 1}. v' BRT-Complete construction for Fruitvale bypass and parking mitigation lots {Package
2}. v' BRT-Major roadway construction (Package 3). Initiate work per planned construction zones to minimize impacts to corridor. v' BRT-Procurement for BRT buses advanced with selection of manufacturer. v' Develop a new public website that is responsive to customer and internal business needs, adaptive to all platforms, and that includes revamped maps and schedules.
5
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SR 15-033 ATT.2
FY 2015-16 BUDGET DEVELOPMENT PROCESS ASSUMPTIONS FOR THE PREPARATION OF THE BUDGET •
General Macroeconomic environment: o
GOP growth National, State and Regional: positive outlook and higher growth than FY1415. Downside risk: global risks from Eurozone political and economic turmoil.
o
Inflationary pressures are subdued, except for a potential impact on salaries and wages due to difficulty in filling positions if national and regional unemployment rates continue to decline.
•
Revenues: o
Improved trend in FY1516, based upon the MTC, ACTC and other agencies projections
o
Federal subsidies will continue to be projected conservatively due to uncertainties with the Federal budget.
•
Operating Expenses: o
Labor costs - salaries and wages: Based on ongoing contracts with consistent increase for employee groups not covered by an existing contract. The budget could be impacted by potential difficulty in filling vacancies due to improved employment conditions in the region
o
Labor costs - fringe benefits: Expected costs are based on assumptions outlined in the SRTP. Downside risk: Higher than expected Pension adjustments due to actuarial revisions, higher premiums than expected for healthcare benefits.
o
Other expenses: Fuel prices remain relatively low, based on market projections, bus parts consumption favorable trend will continue due to consistent renewal of fleet, vehicle accident rate is expected to continue favorable trend contributing to stable PLPD costs, other expenses will continue trending in accordance with recent historical trends.
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SR 15-033 A T T.3
-
--
AC TRANSIT Prelim Forecast FV1516 DRAFT
FY1314 Act
Total Operating Revenues and Subsidies
347,687
350,224
388,378
38,154
10.9%
Baseline Operating Costs -"--- --
331,995
343,507
348,006
(4,499)
-1.3%
331,995
343,507
8,825 356,831
15,692
6,717
31,547
24,830
369.7%
11,967 {11,967)
27,547
15,580 11,967 27,547
130.2% -100.0%
- · - -' - --
Service Enhacement (net of addtl farebox) Total Operating Costs
{8,82"'-' 5)'+--(13,324) -3 .9%
~-~-~-~~--~~-~
Operating Surplus I (Deficit)
--------~----
District Funded Capital District Contribution to District Funded Capital
~-
-
27,547
Total Capital Costs
4,853
Reserve Contribution General Fund Budget Surplus I (Deficit)
15,692
FY1516fcstprelim revised 125
1,864
4,000
{853)
-17.6%
{1,864)
-100.0%
211312015 3:59 PM
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126
Report No: Meeting Date:
TR;t?IVS/T
15-036 February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Application for Fiscal Year 2014-15 Low Carbon Transit Operations Program
ACTION ITEM RECOMMENDED ACTION(S): Consider adoption of Resolution No. 15-009 authorizing the General Manager or his designee to file and execute applications and funding agreements, and certifications and assurances with the California Department of Transportation for allocations of the Low Carbon Transit Operations Program Funds for Richmond Division 3 Project. EXECUTIVE SUMMARY: The District is applying for $573,227 in LCTOP funding for the D3 Re-Opening project. The LCTOP program is one of the programs in the State's Greenhouse Gas Reduction Fund, which is funded by Cap and Trade Revenues. Funding for this program is distributed to transit operators on an annual basis through the State Transit Assistance formula. This is the first allocation of annual LCTOP funds; therefore eligible sponsors must sign a Certification and Assurances document, and assign an authorized agent to execute application s and funding agreements. BUDGETARY/FISCAL IMPACT: Staff anticipates receiving $573,227 in LCTOP funding for the D3 Re-Opening project. There is no matching requirement for these funds.
BACKGROUND/RATIONALE: The Fiscal Year 2014-15 State Budget appropriated $832 million in statewide Cap and Trade funding. SB 862 established a long-term funding framework and programmatic categories for Cap and Trade funding, including the LCTOP program, which is administered by Caltrans. The Fiscal Year 2015-16 Governor's Budget proposed $1 billion in Cap and Trade expenditures. The LCTOP was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. The LCTOP will be an ongoing program that will receive 5 percent of all Cap and Trade funds on an annual basis . There is $25 million available statewide for Fiscal
127
Report No. 15-036 Page 2 of 3 Year 2014-15 and the program will be administered as an annual formula program, rather than a competitive program. The funding distribution is based on the State Transit Assistance formula with separate shares based on regional population and agency revenue. The District expects to receive $573,227 in Fiscal Year 2014-15 as revenue share, which is 2.3 percent of the overall program. Initial projections for the Fiscal Year 2015-16 program show $50 million available statewide which can result in approximately $1.15 million for the District next fiscal year. Staff will return to the Board on an annual basis to request authorization to file and execute applications and funding agreements for this program. There is also a population share component to this program that the Metropolitan Transportation Commission (MTC) administers. District staff is working with MTC to ensure that the District receives funding through the population share side of the program as well. Caltrans published program guidelines on December 19, 2014. According to the guidelines, approved projects in the LCTOP will support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities, with each project reducing greenhouse gas emissions. For agencies whose service area includes disadvantaged communities (as defined by CaiEPA), at least 50 percent of total funds received shall be expended on projects that will benefit disadvantaged communities. Caltrans created a two-part allocation process for Fiscal Year 2014-15. For agencies that want 25 percent of their funding by April 2015 and 75 percent by June 2015, applications were due February 2, 2015. For agencies that want 100 percent by June 2015, applications are due April 15, 2015. Staff is targeting the second due date. Staff recommends applying this funding to the D3 Re-Opening project as it is located in a disadvantaged community; it will reduce GHG emissions through reducing existing deadhead mileage, and will give the District space for buses to add service. Staff may pursue Cap and Trade funding from a separate program in Fiscal Year 2014-15 or additional funding from this program in FY 2015-16 to fill in the funding plan of the 03 Re-Opening project. Certifications and Assurances The LCTOP guidelines require the project sponsor to sign the Certification and Assurances document prior to receiving future funds. The Certification and Assurances document contains general conditions of the LCTOP program as well as some additional cost principles and record retention requirements that are standard for other State-funded projects. Authorized Agent The LCTOP guidelines require the project sponsor to assign an authorized agent or agents to be the signatory on any documents associated with obtaining on managing LCTOP funds. Generally, the signatory is the General Manager, who can choose to assign other staff, like the Chief Financial Officer or the Manager of Capital Planning and Grants to sign in his stead.
128
Report No. 15-036 Page 3 of 3
ADVANTAGES/DISADVANTAGES: Staff cannot identify any disadvantages to approving this staff report and resolution.
ALTERNATIVES ANALYSIS: Project eligibility for LCTOP funds is very broad. The key is that the project must reduce GHG emissions. District staff considered several possibilities for the Fiscal Year 2014-15 LCTOP funds, including purchasing expansion vehicles, funding expanded service, and supporting the Zero Emission Bus program. Ultimately, staff determined that supporting the D3 Re-opening will be the most advantageous use of the funds because the project is already underway, in need of additional funding,
will allow for the expansion of service, and will provide a reduction in
deadhead to reduce GHG emissions.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Staff Report 15-065 - Report on potential funding for District projects and programs through the State's Cap and Trade program.
ATTACHMENTS: 1: Resolution 15-009
2: Certifications and Assurances 3: Authorized Agent Form
Department Head Approval: Reviewed by: Prepared by:
James D. Pachan, Interim Chief Financial Officer Denise C. Standridge, General Counsel Chris Andrichak, Acting Manager, Capital Planning & Grants Ben Stupka, Senior Capital Planning Specialist
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130
SR lS-036 Att.l
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 15-009 A RESOLUTION AUTHORIZING THE GENERAL MANAGER, OR HIS DESIGNEE, TO FILE AND EXECUTE APPLICATIONS AND FUNDING AGREEMENTS, AND CERTIFICATIONS AND ASSURANCES WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ALLOCATIONS OF THE LOW CARBON TRANSIT OPERATIONS PROGRAM FUNDS FOR THE RICHMOND DIVISION 3 PROJECT WHEREAS, the Alameda-Contra Costa Transit District (District) is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program {LCTOP) now or sometime in the future for transit projects; and WHEREAS, the District will apply for Fiscal Year 2014-15 LCTOP funds in an amount up to $573,227 for the Richmond Division 3 project; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation {Department) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors {local agencies); and WHEREAS, Caltrans requires LCTOP project sponsors to complete and submit a Governing Body Resolution for the purposes of identifying agent(s) authorized to act on behalf of the District to execute actions necessary to obtain LCTOP funds and ensure continued compliance with LCTOP assurances, and state and federal laws; WHEREAS, the District wishes to delegate authorization to execute these documents and any amendments there to the General Manager. NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows: Section 1. The fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all LCTOP funded transit projects. Section 2. The General Manager or his designee will be assigned as the authorized agent for the LCTOP. Section 3. Authorizes the General Manager or his designee to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.
Page 1 of2
Resolution No. 15-009 131
Section 4.
This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors.
PASSED AND ADOPTED this 25th day of February 2015.
H. E. Christian Peeples, President Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors held on the 25th day of February, 2015 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Denise C. Standridge, General Counsel
Resolution No. 15-009
Page2of2 132
SA 1 5-036 ATT.2 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Rail a nd M ass Tra nsporta tion Low Carbon Tra ns it Operations Program (LCTOP) Certifications a nd Assurances Form Effective 1/ 15
ti:tffrans·
Low Carbon Transit Operations Program (LCTOP) Certifications and Assurances
Project Sponsor: Alameda-Contra Costa Transit District Agency Name: Alameda-Contra Costa Transit District Effective Date of this Document:
February 25, 2015
T he California Depa11ment of T ranspmi ation (Department) has adopted the following certifications and assurances for the Low Carbon Trans it Operations Program. As a condition of the receipt of LCTOP funds, proj ect sponsors (both Proj ect Lead and Contributing Sponsors) must comply with these terms and conditions.
A. Genera l ( 1) T he proj ect sponsor agrees to abide by the current LCTOP G uide lines and applicable legal requirements. (2) The project sponsor must submit to the Depa1t ment a signed Authorized Agent form designating the re presentative who can submit documents on behalf of the proj ect sponsor and a copy of the board resolution appointing the Authorized Agent.
B. Project Administration (1 ) The proj ect lead ce11ifies that required environmental documenta tion is complete before requesting an allocation of LCTOP fund s. T he proj ect lead assures that proj ects approved fo r LCTOP funding comply with Public Resources Code § 2 1100 and § 2 11 50. (2) The project lead ce11ifies that when LCTOP fund s are used for a transit capital proj ect, that the project w ill be completed and remain in operation for its useful li fe. (3) The proj ect lead certifies that it has the legal, financia l, and technical capacity to carry out the proj ect, including the safety and security aspects of that proj ect. ( 4) T he proj ect lead certifies that they will notify the Department of pending litigation, d ispute, or negative audit findings related to the project, before receiving an a llocation of funds. (5) T he proj ect lead must maintain satisfactory continuing control ove r the use of proj ect equipment and facilities and will adequately maintain proj ect equipment and fac ilities for the useful life of the proj ect. (6) Any interest the proj ect lead earns on LCTOP fund s must be used only on approved LCTOP proj ects.
Page 1 of 5 133
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Rail and Mass Transportation Low Carbon Transit Operations Program (LCTOP) Certifications and Assurances Form Effective 1/15
(7) The project lead must notify the Department of any changes to the approved project with a Corrective Action Plan (CAP).
(8) Under extraordinary circumstances, a project lead may terminate a project prior to completion. In the event the project lead terminates a project prior to completion, the project lead must (I) contact the Department in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reass ign the funds to a new project within 180 days of termination. (9) Funds must be encumbered and liquidated within the time allowed.
C. Reporting (I) The project lead must submit the following LCTOP reports: 111
111
a.
Semi-Annual Progress Reports by February 15 and August 15 each year.
b.
A Final Report within six months of project completion.
c.
The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to the Department within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended.
(2) Other Reporting Requirements: ARAB is developing funding guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with ARAB's funding guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.
D. Cost Principles (I) The project lead agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (2) The project lead agrees, and will assure that its contractors and subcontractors will be obligated to agree, that: a.
b.
Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31, et seq., shall be used to determine the allowability of individual project cost items and those parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with Federal administrative procedures in accordance with 49
Page 2
134
ofS
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Rail and Mass Transportation Low Carbon Transit Operations Program (LCTOP) Certifications and Assurances Form Effective 1/15
C FR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (3) Any project cost for which the project lead has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter I, Part 31 or 49 CFR, Part 18, are subject to repayment by the project lead to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the project lead to the State. Should the project lead fail to reimburse moneys due to the State within thitty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the project lead from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.
E. Record Retention (I) The project lead agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the project lead, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide suppmt for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of the project lead, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and a udit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the project lead, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the project lead pursua nt to the provisions offederal and State law. In the absence of such an audit, any acceptable audit work performed by the project lead's external and internal auditors may be relied upon and used by the State when planning and conducting additional audits. (2) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the project lead's contracts with third patties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the project lead shall furnish copies thereof if requested . (3) The project lead, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Hous ing Commission, or any other
Page 3 ofS 135
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Ra il and Mass Transportation Low Ca rbon Transit OtJerations Program (LCTOP) Certifications and Assurances Form Effective 1/15
agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document. F. Special Situations The Depar1ment may perform an audit and/or request detailed project information of the project sponsor's LCTOP funded projects at the Department's discretion at any time prior to the completion ofthe LCTOP. I certify all of these conditions will be met.
AUTHORIZING OFFICER, Title Unit/Department/Agency
Page 4 ofS 136
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Rail and Mass Transportation Low Carbon Transit Operations Program (LCTOP) Certifications and Assurances Form Effective 1115
ATTACHMENT I (INSERT Agency Board Resolution approving this document)
See Sample attached
Page 5 of5
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SR 15- 036 ATT.3 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Rail and Mass Transportation Low Carbon Transit Operations Program (LCTOP) Authorized Agent Form Effective 1115
Authorized Agent
AS THE
General Manager-:-=-,------,,-::---,-,----,-::----,-----(Chief Executive Officer I Director I President I Secretary)
OF THE
Alameda-Contra Costa Transit District·- - - - - (Name of CountyiCity Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. This form is valid for Fiscal Year 2014-2015 funds. If there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.
_
James D. Pachan, Interim Chief Financial Officer_ _ _ __ _ _ _ ___ OR
(Name and Title of Authorized Agent)
_
Chris Andrichak, Acting Manager of Capital Planning and Grants_ _ __
OR
(Name and Title of Authorized Agent)
(Name and Title of Authorized Agent)
_
David Armijo._ _ _ _ _ _ _ _ __ _ __ _ _ _-=-
(Print Name)
_General Manager_ __
(Title)
(Signature) Approved this _
25th_ _ _ _day of February_ _ _ _ __ , 2015_
Attachment: Board Resolution approving Authorized Agent
139
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Report No: Meeting Date:
15-023a February 25, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Finance and Audit Committee AC Transit Board of Directors
FROM:
David J. Armijo, General Manager
SUBJECT:
Amendments to Board Policy 354- Procurement Protest Procedures
ACTION ITEM RECOMMENDED ACTION(S}: Consider adoption of Resolution No. 15-001 amending the protest procedures for all contracting activities contained in Board Policy 354 - Procurement Protest Procedures, and repeal Resolution No. 07-049. EXECUTIVE SUMMARY: Per Board Policy 302, Introduction to Fiscal Policies, the Board is required to review each fiscal policy every two years for necessary updates. Board Policy 354 was last amended in November, 2007 and upon review by interdepartmental staff, it is recommended that the Procurement Protest Procedures' Pol icy be amended as indicated herein. BUDGETARY/FISCAL IMPACT: Negligible inclusion into District's general fund .
BACKGROUND/RATIONALE: On January 28, 2015, staff presented Staff Report 15-023 to the Board, recommending the adoption of Resolution No. 15-001, amending the protest procedures for all contracting activities contained in Board Policy 354 - Procurement Protest Procedures, and the repeal of Resolution No. 07-049. At that time, the Board deferred its adoption of Resolution 15-001 until the following revisions were implemented: •
Clarification of language in Section l.C of the Policy with regard to a "highly publicized matter". Staff has changed this language to read "highly publicized project" as it believes was the intent of the FTA's protest language.
•
Revise definition of "Standing to Protest" to be more inclusive rather than exclusionary. Staff has incorporated the language of the California Public Contracts Code that establishes standing to protest as "any bidder", i.e., an entity that has a vested stake in the procurement as evidenced by their submitted bid.
141
Report No. 15-023 Page 2 of 3 •
Reduce protest filing fees for large and certified small businesses from $500 and $100 to $200 and $50 respectively.
•
Clarification of Section IX, to require four affirmative votes of the Board to render a decision on an appeal ofthe General Manager's decision.
As a result of the Board's direction, all revisions as indicated above have been incorporated. Additionally, during subsequent review of the current Policy, staff noticed Section VI, Content of Protests, first paragraph referred to a Protest Form that is available from the District. There is no Protest Form, therefore, staff has stricken this reference from the policy. Other Major Policy Amendments
•
De-segregate protest procedures for rolling stock and other technology, resulting in a more uniform process.
•
Clarify District staff responsibilities for receiving and processing protests and protest appeals.
•
Further align protests appeals with Federal Transit Administration regulations.
•
Synchronize protest filing lead times on non-federally funded procurements with the relevant California Public Contract Code.
In addition to the above, minor non-substantive amendments include syntax revisions, punctuation, etc. Staff recommends the adoption of Resolution No. 15-001 amending the protest procedures for all procurements and contracting activities contained in Board Policy 354 - Procurement Protest Procedures, and repeal Resolution No. 07-049. ADVANTAGES/DISADVANTAGES: Advantages: The proposed changes would discourage the filing of frivolous protests, better align District policy with state and federal procedures, and streamline and provide clarification of the steps in the protest process for staff and potential protest filers. Disadvantages: There are no obvious disadvantages to implementing these amendments. ALTERNATIVES ANALYSIS: There are no practical alternatives to the course of action recommended in this report. PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 354- Procurement Protest Procedures, last amended 11/07
142
Report No. 15-023 Page 3 of 3 ATIACHMENTS:
1. Resolution 15-001 with Exhibit A: Proposed changes to Board Policy 354 2. California Public Contract Code Section 20217 (f) (2) 3. Excerpt- Federal Transit Administration Circular 4220.1F, Vll-2 1(c) Approved by:
David J. Armijo, General Manager
Reviewed by:
Denise C. Standridge, General Counsel James D. Pachan, Chief Operating Officer/Interim Chief Financial Officer PhillipS. McCants, Contracts Compliance Administrator
Prepared by:
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144
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 15-001 A RESOLUTION AMENDING THE PROTEST PROCEDURES FOR ALL PROCUREMENT AND CONTRACTING ACTIVITIES CONTAINED IN BOARD POLICY 354- PROCUREMENT PROTEST PROCEDURES, AND REPEALING RESOLUTION NO. 07-049 WHEREAS, on November 14, 2007, the Board of Directors adopted Resolution No. 07049 in accordance with the Federal Transit Administration's Circular 4220.1D which requires grantees to establish written protest procedures to handle and resolve disputes relating to District procurement and contacting activities; and WHEREAS, District policy requires the District to comply with all applicable federal, state, local laws and regulations; and WHEREAS, the Board of Directors requires staff to periodically review the fiscal policies in order to keep them current and in compliance with federal requirements; and WHEREAS, the protest procedures adopted by Resolution 07-049 require amending for purposes of updating. NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1. The amended protest procedures provided in Exhibit A are hereby approved and shall be implemented by the General Manager effective this date. Section 2.
Resolution No. 07-049 is hereby repealed in its entirety.
Section 3.
This Resolution shall take effect immediately upon its passage by four affirmative votes of the Board of Directors. PASSED AND ADOPTED this 251h day of February, 2015.
H. E. Christian Peeples, President Attest:
Linda A. Nemeroff, District Secretary
Resolution No. 15-001
Poge 1 o/2 145
I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of 1 the Board of Directors held on the 25 h day of February, 2015 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Denise C. Standridge, General Counsel
Resolution No. 15-001
Page2of2 146
Exhibit A Resolution No. 15-001
AC Transit
POLICY NO. 354
BOARD POLICY Category: Financial Matters
PROCUREMENT PROTEST PROCEDURES
I.
PURPOSE AND APPLICABILITY In accordance with Resolution No. 2039 adopted by the AC Transit Board of Directors on February 7, 2002, Board policy requires that the District establish formal procedures for the filing of protests in connection with District procurement activities. All protests shall be processed in accordance with the procedures established herein. These protest procedures shall apply to all types of procurement activities conducted by the District., iRGI~JEiiR~ fermal semJ)etiti'Je l:liEIEiiR~ aRe req~Jests fer JJFOJ)esal. Potential bidders/proposers will be advised of the District's protest procedures in its solicitations for bids and requests for proposals. Failure to follow the District's protest procedures may result in the rejection of a protest. The District shall notify and keep the Federal Transit Administration (FTA) informed of the status of all protests involving FTA fllREiiR~funded third-party contracts and potential third-party contracts that:~
II.
A
Have a value exceeding $100.000 or
B
Involve a controversial matter. irrespective of amount, or
C
Involve a highly publicized project. irrespective of amount.
DEFINITION OF PROTEST A protest under these procedures is defined as an allegation, made with respect to a particular procurement action, that asserts that the District, in performing that action: A.
Failed to follow or comply with applicable federal or state law or regulation, District policy or procedure relative to developing, soliciting, evaluating, negotiating and/or awarding a procurement contract.
B.
Failed to comply with the relevant requirements and procedures contained in the solicitation.
C.
Failed to follow District protest procedures.
Page 1 of 7
Adopted: Amended: 147
11/89 02/02,11/07
Ill.
TYPES OF PROTESTS There are two basic types of protests: A.
Protests Based Upon the Content of the Solicitation: Protests based upon restrictive specifications or alleged improprieties in the bidding procedure or contract specifications, which are apparent or reasonably should be discovered prior to bid opening.
B.
Protests Based Upon Grounds Other Than the Content of the Solicitation: Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to bid opening, such as disputes over the staff recommendation for contract award.
IV.
STANDING TO PROTEST In order to file a valid protest of a contract award. a protester n inEiiviehml, assesialien, serper:atien, seFRpany er eU1er le€Jal entity FAllS! must be an actual bidder or offeror relative to the specific procurement to which the protest is being (2). ee an aetual filed in accordance with California Public Contract Code 20217 er prespestive sllpplier ef €J99GS er servises, 'NRese aires! eseneFRis interest weuiEI ee affesteEI ey tl=le aware er failllre te av.'arEI a senlrasl.
m
V.
TIMELINESS OF PROTESTS In order to be considered timely, a protest of a procurement action must be filed after a solicitation is issued and meet the following time constraints: A.
Protests Based Upon the Content of the Solicitation must be submitted prior~ .. to bid opening or receipt of proposals. in eresllreFRents etl=ler tl=lan NeaetiateEI PresllreFRents llnEier CalifeFRia Pllelis Cenlrasl CeEie §20217: Any pretest senseFRin€J any ef tl=le sentents ef tl=le selisilatien FAllS! ee fileEI prier le tl=le eiEI epenin€J er proposal slleFRissien Elate anEI tiFRe.
B.
Pretests must be filed ne later tl=lanwithin leR---fifteen (-1-Q15) calendar days after the District's notice of intent to award, or notice of award, or notice of non-award, whichever occurs first is made public. ·
1.
Page 2 of 7
Pretests in Ne€jeliateEI PF9GilFeFRenls easeEI llpen tl=le Content ef tl=le Selisilatien (ReEjllest fer Proposals or RfPs) FAllS! ee fileEI 'Nill=l tl=le Distrist will=! in ten (1 Q) sale near Elays after tl=le RfP is first aEivertiseEI. SileR pretests FRay ee rene•NeEI ey refilin€J tl=le pretest will=! tl=le Distrisl
Adopted: Amended: 148
11/89 02/02,11/07
within fifteen (15) calendar days after the staff recommendation for award has been made available to the public. 2.
VI.
Protests based upon grounds other than the Content of the Solicitation (Request for Proposals or RFPs) must be filed within fifteen (15) calendar days after the staff recommendation for a•.vard has been made available to the public. +
..
r;:::::-::
·- - --- ~
CONTENT OF PROTESTS Protests must be submitted in writing and . The Protest Form available from the District should be submitted with the protest whether or not additional information is provided by the protester. i\~11 relevant referenced material supporting the protest should must be attached in order to be considered. Protests should include the following_:__
I
VII.
A.
The IFB (Invitation for Bids) or Request for Proposals (RFP) number. If any addendum or addenda issued by the District in connection with a solicitation is the basis for a protest, the protest must also identify that addendum. If any other District communication is the basis for a protest, it should also be identified.
B.
The name and address of the protester. If the name or address is different than that shown on any bid or proposal of the protestor, the protest should include a reference to the original name and/or address. Because standing to protest may be an issue, protests filed under a name other than the name stated on the bid or proposal submitted should indicate the basis supporting standing to protest.
C.
A full and complete statement specifying in detail the grounds for the protest, including identification of any laws, regulations, or procedures violated, and providing all pertinent facts in support of the protest.
D.
The specific remedy requested by the protester.
E.
Identification of person(s) and address(es) of those to whom District communications on the matter of the protest should be directed.
PROTEST SUBMISSION
A.
Protests not based on the content of the solicitation and filed by other- than a certified small business must be accompanied by a protest filing fee in the form of a $250 check or money order made out to AC Transit. and be directed to: AC Transit Procurement and Materials Director 1 10626 International Blvd.1600 Franklin Street. 8 h Floor Oakland, CA 9460394612 Protests based upon grounds other than the content of the solicitation as well as all protest appeals should be addressed to:
Page 3 of 7
Adopted: Amended: 149
11/89 02/02,11/07
+ -.
r::==
·- - --- ~
AC Transit Manager, CaJ3ital DeveiOJ3FReRt, Legislation, ana Grants Contracts CornJ3Iianoe Officer 1€lQQ Franklin ~treat Oaklana, C/\ Q4€l12
A. B. S..C.
VIII.
In all oases, tAe-The exterior of the envelope shoula must be marked: "Attention: Protest Material" and reflect the pertinent IFB or RFP number. Protest filings by certified small businesses must include a $50 check or money order and made out to the address and District contact person above. The District shall refund filing fees of successful protests within 60 days of final determination. Filings fees of unsuccessful protests will not be refunded.
PROCESSING OF PROTESTS Protests will be processed as follows:
A.
Protests based upon the Content of the Solicitation in eroourements otl:ler tl:lan Neaotiatea Procurements unaer California Puelio Contract Coae §20217: The Procurement and Materials Director will issue a written decision prior to the opening date for bids or closing date for the submission of proposals. If the decision cannot be made within these time periods, the bid opening or proposal submission date for the procurement may be extended by the District.
B.
Protests based on grounds other than the Content of the Solicitation-ill ProoureRReRtS other than Neaotiated PrOGUFORReRtS URaer California Puelio Contract Coae §20217: The General ManagerProcurement and Materials Director will issue a written aeoision response within ten (1 0) working business days after the receipt of the protest by the District. If tl:le General Manager'sa decision cannot be rendered within this time period, the Distrist Procurement and Materials Director will notify the protester of tl:le Rewa date when a decision on the protest will be issued. If the General ManagerProcurement and Materials Director upholds the protest, tl:le General Manager'sa decision will include remedial action to be taken. If the General ManagerProcurement and Materials Director denies the protest, the written notice of the decision will include notice of the protester's appeal rights.
C.
Page 4 of 7
Protests iA Neaotiatea ProGUFOFReRtS for RolliA§J ~took ana otl:ler TOGRROIO§J\' unaer California Puelio Contract Coae section §20217:
Adopted: Amended: 150
11/89 02/02,11/07
1.
f:!Fetests bases ~f:lGR the CeRteRt ef the SelicitatieR, the Pmc~FemeRt aRa MateFials OiFecteF will iss~e a wFitteR aecisieR f:!FieF
IR
te the Gf:leRiR€1 ef f3Fef3esals.
IX.
2.
IR f:!Fetests bases ~f:lGR €JFG~R9s etheF thaR the CeRteRt ef the SelicitatieR, the GeReFal MaRa€JeF will iss~e a •.witteR aecisieR \'"ithiR teA (1 0) 'NGFkiR€J says afteF the Feceif:jt ef the f:!Fetest by the OistFict. If the GeReFal MaRa€JeF's aecisieR caRRet be iss~ea withiR this time f:jeFiea, the OistFict will Ratify the f:!FetesteF ef the Rew sate 'NheR a aecisieR eR the f:!Fetest will be iss~ea.
a.
PFetesteFs shall have aR Gf:lf:lGFI~Rity te af:jf:jeaF aRa be heaFa befeFe the OistFict f:!FieF te the Gf:leRiR€1 ef f3Fef3esals iR the case ef f:!Fetests bases eR the ceRteRt ef the Feq~est feF f3Fef3esals, eF f:!FieF te fiRal awaF9 iR the case ef f:!Fetests bases eR etheF €JFG~R9s eF the FeRewal ef f:!Fetests bases eR the ceRteRt ef the Feq~est feF f:!FGf:lesals.
APPEAL OF PROTEST DECISIONS A.
Appeal of Decision MaRaaeFDirector:
of
P~FchasiRa
Procurement
and
Materials-· · ····{ Form•
Protesters may appeal an adverse decision by the Procurement and Materials Director to the District's General Manager by submitting an appeal, in writing, within five (a) weFkiR€1 business days after the date of issuance of the Procurement and Materials Director's decision. The appeal must state the basis for disputing the decision while not introducing new information that was not provided in the initial protest.. The aecisieR ef the GeReFal MaRa€JeF te €JFaRt eF aeRy the af:jf:jeal will be fiRal. An appeal of the Purchasing and Materials Director's decision must include a copy of the adverse decision and be sent to: AC Transit Executive Coordinator 1600 Franklin Street. 1om Floor Oakland, CA 94612 Ref: Protest Appeal (Insert Project/Procurement Number Here) The District's General Manager shall respond in writing to the appeal within ten (1 Ol business days with a decision or notice of an extended period of up to five (5) additional business days in which to render a decision. B.
Appeal of Decision of General Manager: Protesters may appeal an adverse decision by the General Manager to the District Board of Directors by submitting an appeal, in writing, within five (a) weFkiR€J business days after the date of issuance of the General Manager's decision. The appeal must state the grounds for disputing the decision of the General Manager. An appeal of the General Manager's decision must include copies of the two preceding adverse decisions (Procurement and Materials Director response and General Manager's response) and be sent to:
Page 5 of7
Adopted: Amended: 151
11/89 02/02,11/07
1600 Franklin Street. 1O"' Floor Oakland. CA 94612 Ref: Protest Appeal (Insert Project/Procurement Number Here) Board of Director Appeal Process:
C. 1.
As soon as practicable as the matter may be heard but within 45 business days following the receipt of a notice of appeal of the General Manager's decision. At IRe Rext re!JlJiarly ssRedlJied Beam meetiR!l fellewiR!l resei13t ef Retise ef a1313eal frem IRe desisieR af IRe GeReral MaRa!Jer, the Board of Directors will consider whether it wishes to entertain the appeal and schedule an appeal hearing to be heard by the Board of Directors at a future Board meeting. The decision whether to hear the appeal will be based on the Board's review of the following documents: the protest submitted by the protester, the decision of the General Manager denying the protest, the appeal submitted by the protester, and any additional documentation submitted by staff to the Board. If a majority of the Board of Directors votes against entertaining the appeal, the decision of the General Manager will become final.
2.
A minimum of four affirmative votes of the Board is required to consider the appeal. and if that minimum is satisfied. the Board will notify the protester of the date and time of the hearing. The Board shall set the parameters of the hearing process. including the following: a) Length of documents submitted: bl Due dates of any documents to be submitted: c) The length of oral presentations for each side (District and protester): dl Any additional parameters the Board feels are necessarv.
2.
Page 6 of 7
If there are not four affirmative votes of the Board to consider the appeal. the decision of the General Manager shall become final. If a majerity ef IRe Beard vales te seRsider IRe a1313eal, IRe Beam will Ratify IRe 13Fetester ef IRe date ef IRe ReariR!l eefere IRe Beam ef Oiresters.
3.
At the hearing on the appeal, the protesting party will be afforded a Unless otherwise reasonable opportunity to present its case. permitted by the Board, presentations will be limited to oral argument and documentary evidence. The Board may allow for a question and answer period following presentation of the appeal.
4.
Upon conclusion of the hearing, the Board will either render a decision or continue the matter for decision at the next regularly scheduled Board of Directors meeting or at its discretion. the Board may call a special session to exclusively address and/or render a decision7 [:, minimum of four affirmative votes shall be required to reach a Adopted: Amended: 152
11/89 02/02,11/07
decision.
X.
PROTESTS TO THE FEDERAL TRANSIT ADMINISTRATION (FTAl
A.
In accordance with the provisions of FTA Circular 4220A-01f, the Procurement and Materials Director, or designee, will be responsible for providing information regarding protests of federally funded procurements to the Manager of Capital Planning/Grants Administration on a quarterly basis for inclusion in the FTA quarterly Progress.
B.
TAe FTA will oRiy review !JFOtests regarEiiRg the faihJre of the Oistrist to have writteR !JFetest !JFOGeEI~Jres or its failllre to fellow SliGh !JFOGeEI~JresReviews of protests by the FTA are limited to: (1) The District's failure to have or follow its protest procedures, or the District's failure to review a complaint or protest; or 12! violations of federal law or regulation. The FTA will exercise discretion and will not consider every appeal that it receives.
A protester must exhaust all administrative remedies available through the District. i.e .. the Director of Procurement and Materials. the District's General Manager, and the District's Board of Directors before pursuing a protest with the FTA. FollowiRg aR aEiverse fiR a I ElesisioR ey the Oistrist, the !JFOtester may file a !Jretest with the FTA. Protests appeals to the FTA shelliEI must be filed with the San Francisco Region IX Office Ro later thaRwithin five (5) working days of the date the protester learned or should have learned of an adverse decision by the District. The FTA Region IX contact information for filing an appeal shall be provided in writing to the protester upon notice of the District's final adverse decision to the protester. after a fiRal ElesisioR is reREiereEI llREier the Oistrist's !JFOtest !JroseEI~Jres. IR iRstaRses where the !JFOtester alleges that the Oistrist faileEI to make a fiR aI EletermiRatioR OR the !JFOtest, !Jretesters shall file a !Jretest with the FTA RO later thaR five (5} workiRg Elays after the !JFOtester kRows er she~JIEI have kROWR of the Oistrist's failllre to reREier a fiRal EletermiRatioR oR the !Jretest. A GO!JY of the !JFotest sholliEI also ee seAt to the Oistrist.
Page 7 of 7
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CA Codes (pcc:20216-20217) SR 15-023a ATTACH 2
setting forth the basis for the award. (d) Th e a g e n cy may reject a n y and a ll proposals and i ssue a new request for proposals at its discretion . (e) Upon making an award to a qua lified proposer , the agency, upon reque st , sha l l make available to all other p roposers a nd to the public, an analysis of the award that provides th e basis f or the selection of tha t particular qua li f i ed proposal. (f) A person who submits , or who plans to s ubmit , a proposal, may protest any acqu i sition conducted in accordance with this section pursuant t o protest procedures established by the board as follo ws : (1) Protests based on the con tent of the request for proposals sha ll b e filed with the agency within 10 calendar days after t h e re q uest for proposals is first adv ertised in accordance with subdi vision (c). The agency sha ll issue a written decision on the protest prior to opening of proposals. A protest may be renewed by refiling the pro t est with the agency wi thi n 15 calendar day s after the staff recommendation for award has been made av'a ilable to t h e public a s r equired by subdivision (e) of Sec ti on 202 16. (2) Any bidder may protest the recommended award on any ground not based ugon the content of the request for proposals by filing a protest with the agency within 15 calendar days after the staff recommendation for award has been made availabl e to the public as required by subdivision (e) of Section 20216 . (3) An y protest shall contain a full and complete written s t atement s pecifyi n g in de t ail th e grounds of the protest and t h e facts supporting the protest. Protesters s hall have an opp o r tun ity to a ppear and b e heard before t h e agency prior to the opening of proposals in t h e case o f protests based on t h e conte n t of the re q uest for proposals, or prior to final a wa r d in the case of pro t ests based on other gro und s or t h e renewal of protes ts based on the content of the request for proposals . (g) Provisions in a n y contract co n cernin g women and minority business enterprises, which are in accordance with t h e request for proposals, shall not be subject to negotiation wi th t he s uccessf ul bidde r. (h) As used i n this section , " agency " incl u des a t r a nsit district , city , cou n ty , city and county , or transpo r tatio n age ncy when e ngaged i n transit operations .
155 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=2000 1-21 OOO&file=20...
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SR 15-023a ATTACH 3
Page VII-2
FTA C 4220.1 F 11101/2008 Rev. 1, 04/14/2009 Rev. 2, 07/0112010 Rev. 3, 02/15/2011 informed about the status of the protest. A non-governmental recipient involved in a protest is similarly expected to notify FTA when it receives a third party contract protest to which the circular applies, and to similarly keep FT A informed about the status of the protest. The recipient is expected to provide the following information:
l
Subjects. A list of protests involving third party contracts and potential third party contracts that: £!
Have a value exceeding $100,000, or
Q Involve a controversial matter, irrespective of amount, or f
2
Involve a highly publicized matter, irrespective of amount.
Details. The following information about each protest: £!
A brief description of the protest,
Q The basis of disagreement, and
l
~
If open, how far the protest has proceeded, or
.Q
If resolved, the agreement or decision reached, and
~
Whether an appeal has been taken or is likely to be taken.
When and Where. The recipient should provide this information: £!
In its next quarterly Milestone Progress Report, and
Q At its next Project Management Oversight review, if any. Small recipients may report less frequently if no protests are outstanding. 4 FTA Officials to Notify. When a recipient denies a bid protest, and especially if an appeal to FTA is likely to occur, FTA expects the recipient to inform the FTA Regional Administrator for the region administering a regional project, or the FTA Associate Administrator for the program office administering a headquarters project directly. FTA also encourages the recipient to keep its FTA project manager informed about protests with which it is involved. In particular, the recipient should contact its project manager about any unusual activity.
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REPORTS OF STANDING COMMITTEES
The District Secretary will report on the recommendations made by the Committees, including those items referred to the Consent Calendar Addenda.
PLEASE REFER TO THE COMMITTEE SECTIONS OF THIS AGENDA PACKAGE FOR STAFF REPORTS
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AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
I March Report on how the District reaches out to non-riders for their opinions about AC Transit's service. [Requested by Director Harper -1/14/15] Survey non-passengers to find out why they don't ride the bus. [Requested by Director Davis 1/14/15] Monthly • Legislative Report [Updates on State, Federal, Regional and Local Legislation] Annual State/Federal Advocacy Program Pending Not Scheduled Status report on the Oral History Project. [Request from President Peeples to retain on long-term pending. Staff to continue efforts to locate funds, hire personnel utilizing grant funds, and contact local museums to determine if there is interest in taking on the project]. • Report authorizing the sale of full bus wraps on five percent of the District's revenue fleet [Retained in Committee 1/28/15 pending further study of issues such as passenger accessibility, safety, and passenger orientation on the route- Reference Report 14-048]
April Review and discussion of Director Harper's suggested formula for evaluating whether funds generated by Measure V V have been expended in Special District Two. [Requested by Director Davis - 12/10/14] May be referred to Board Retreat August • Development of a policy concerning ex parte communications and disclosures by Directors during the entire procurement process from issuance of an RFP, IFB, or RFQ through protest. It was suggested that staff review the California Public Utilities Commission Rules of Practice and Procedure pertaining to ex parte situations. [Requested by President Peeples- 9/5/12] September Report on the advisability of having the Internal Audit Department report directly to the Board. [Requested by President Peeples- 5/28/14] Referred to September Board Retreat Monthly Report on Investments Fiscal Policies (Review one per month) Budget Update Bi-Monthly Budget Update
Agenda Planning
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AGENDA PLANNING/ STANDING COMMITTEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Finance and Audit Committee, Cont. Quarterly Reports (Nov, Feb, May, Aug)
•
Board/Officer Travel/Meeting Expense Employee Out-of-State Travel Surplus/Obsolete Materials Contracts/Purchasing Activity Report
Semi Annual Reports
DBE/FTA Report and DBE Goal Update (May/Nov) Annual Reports
• •
Appropriations Limit (June); Adoption (July) Audit Engagement Letter (June) Budget Calendar (Nov) Externally Funded Welfare to Work (Nov) Parcel Tax Oversight Committee (Dec to Board) Year-End Audited Financial Statements (Nov)
Pending Not Scheduled
•
Report on Other Post-Employment Benefits other than pensions (OPEB) and associated liability issues. [Requested by Director Davis -10/22/14]
OPERATIONS COMMITTEE April
•
Report on the Heavy Duty Coach Mechanic Apprenticeship program [Requested by President Peeples - 9/24/14] Report from the District's real estate manager on the status and plans for properties owned by the District. [Requested by Director Harper -1/28/15] Development of a policy concerning e-cigarettes (recommend amendments to Board Policy 172). [Requested by President Peeples- 1/28/15]
June
Implementation of a District-wide calendaring system to track contracts, license renewals, etc. [Requested by President Peeples- 4/25/12] September
•
Discussion regarding suggestions for a Board Policy on exit interviews and to what extent those interviews, and the reporting thereof, should be different if the person who exited reports directly to a Board Officer. [Requested by President Peeples- 11/14/12] Referred to Board Retreat
Quarterly Reports (Nov, Feb, May. Aug)
Operations Performance Report (includes report on the Call Center) Clipper Usage and Marketing Initiatives
Agenda Planning February 25, 2015
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AGENDA PlANNING/ STANDING COMMITTEE PENDING liSTS
AC TRANSIT BOARD OF DIRECTORS
Operations Committee, cont. Pending Not Scheduled • Report on the closure of the print shop. Retained in Committee pending further study of the placement of Print Shop employees into other positions, the anticipated cost savings, capital investments and useful life of capital equipment, and to explore whether the Print Shop can in-source work from outside of AC Transit (Retained in Committee 8/15/12). Investigate the creation of a District store which would have hats, clothing and other items available or sale. [Requested by Director Williams -8/28/13] Creation of a video privacy policy specifically for all of the video associated with the BRT stations once operational. [Requested by President Peeples - 2/12/14. President Peeples to provide additional information to be included in the draft policy.] Investigate and report what other public agencies are doing as part of the ongoing conversation of the merit pay issue. [Requested by Director Ortiz- 7/9/14] Report on management training provided to AC Transit managers, including what is currently offered and what can be made available. [Requested by Director Williams- 9/24/14]
March Report on the performance of Clear Channel in dealing with bus shelter maintenance including repair, cleaning and responding to customer complaints [Requested by President Peeples -10/22/14]. April Report on AC Transit's attitude toward shuttles. [Requested by President Harper- 5/9/12] Referred to Board Retreat June Report on the implications of a study by the California Transportation Commission on anticipated transportation needs in California and the implications to AC Transit. [Requested by President Peeples -11/16/11] July 1 Report on the Brooklyn Basin Project (Oak to 9 h Street in Oakland) and details of the negotiations with Signature Properties, including commitments made between the District and Signature Properties [Requested by President Peeples- 3/25/06] • Update on the impacts of the Lake Merritt Park Master Plan on AC Transit service [Requested by President Peeples- 3/9/11; updated 12/31/14] Quarterly Reports (Nov, Feb, May, Aug) Bus Rapid Transit Project Transbay Transit Center Project Update on District Involvement in External Planning Processes Annual Reports Update on CARB (June) • Update on Service and Operations in Special District 2 Agenda Planning February 25, 2015
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. AGENDA PLANNING/ STANDING COMMITIEE PENDING LISTS
AC TRANSIT BOARD OF DIRECTORS
Planning Committee, Cont. Pending Not Scheduled Update of the Designing with Transit document, which is to include the development of bus shelter design standards. [Requested by President Peeples -10/27/10] • Update on the status of the customer satisfaction survey. Matter was retained in committee on July 9, 2008 pending receipt of proposed survey. On 9/30/09 President Director Peeples requested the report include staff's analysis of surveys conducted in Europe, specifically surveys conducted in Helsinki Finland, to determine how surveys can be done cheaper, better and more often. [Requested by President Peeples- 5/28/08]
. 8oAko OF onti:CT()Rs ·. •
Follow-up presentation by MUNI staff on the data collected and conclusions drawn from MUNI's proof-of-payment study. [Requested by President Peeples- 1/14/15] Presentation on fare consolidation in the Bay Area. [Requested by President Peeples -1/14/15] Resolution supporting continuation and expansion of the District's Fuel Cell Program, subject to funding availability. The resolution will be drafted by President Peeples [Requested by President Peeples- 6/11/14]
Agenda Planning
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