1. CALL TO ORDER ACTION

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1 BOARD OF DIRECTORS MEETING MONDAY, JANUARY 23, 2012 Closed Session: 12:00 1:00 P.M. General Session: 1:00 3:00 P.M. Los Angeles County MTA One Gateway Plaza, 3rd Floor 729 Vignes Street, Los Angeles CA MISSION STATEMENT Access Services promotes access to all modes of transportation and provides quality and safe ADA paratransit service on behalf of public transit agencies in Los Angeles County. DISPOSITION 1. CALL TO ORDER ACTION 2. PUBLIC COMMENT WITH RESPECT TO CLOSED SESSION ITEMS 3. CLOSED SESSION DISCUSSION/ POSSIBLE ACTION A) CONFERENCE WITH LEGAL COUNSEL: CAL. GOV. CODE I. Pending Litigation: Gov. Code (a) (i) Chroman v. Access Services, et al. LASC # BC (ii) Arun Prem v. Access Services, BC II. Anticipated Litigation: Gov. Code (b) (i) Significant exposure to litigation pursuant to subdivision (b) of Gov. Code (ii) Initiation of Litigation pursuant to subdivision (c) of Gov. Code SUPERIOR SERVICE AWARDS PRESENTATION

2 5. REVIEW & APPROVAL OF MINUTES FROM THE BOARD MEETING OF NOVEMBER 14, 2011 (page 5) [Staff Recommendation: Approve] ACTION [Vote Required: majority of quorum by voice vote] 6. GENERAL PUBLIC COMMENT INFORMATION 7. CONSENT CALENDAR a) Authorize Extension of Contract With HDR Engineering, Inc. (ASI-1444) (page 16) ACTION [Vote Required: majority of quorum by roll call] b) Approval to Purchase 5 Vehicles For Paratransit Service (page 18) c) Authorize Contract With Insight Strategies, Inc. (ASI-2392) (page 20) d) Authorize Contract - General Counsel, Jones & Lester, L.L.P. (ASI-3243) (page 24) [Staff Recommendation: Approve Consent Calendar] 8. APPROVAL OF ACCESS SERVICES COMMUNITY ADVISORY COMMITTEE PROPOSED MEMBERSHIP (page 27) [Staff Recommendation: Request that the Access Board approve the proposed slate of CAC members as per the selection committee.] 9. APPROVAL OF ACCESS SERVICES TRANSPORTATION PROFESSIONALS ADVISORY COMMITTEE PROPOSED MEMBERSHIP (page 30) [Staff Recommendation: staff requests that the Access Board approve the proposed slate of TPAC members selected by a committee of Access staff and member agency staff member Alva Carrasco from Montebello Transit.] 10. APPROVAL OF NEW FREE FARE PROGRAM PARTNERS AND AMEND FREE FARE AGREEMENTS (page 32) [Staff Recommendation: Approve the Free Fare Program agreements with Long Beach Transit and Gardena Municipal Bus Lines and amend the Free Fare Program agreement with Glendale Beeline to allow reimbursement of Access riders who ride its transit system.] 11. SELECTION OF ANTELOPE VALLEY AREA SERVICE PROVIDER CONTRACT NO. (ASI-3116) (page 34) [Staff Recommendation: Authorize staff to execute a PRESENTATION/ ACTION [Vote Required: majority of quorum by voice vote] PRESENTATION/ ACTION [Vote Required: majority of quorum by voice vote] ACTION [Vote Required: majority of quorum by roll call] ACTION [Vote Required: majority of quorum by roll call] 2

3 contract for transportation service in the Antelope Valley service area beginning May 1, 2012 and ending April 30, 2017, with Diversified Transportation, LLC (Diversified) in an amount not to exceed $11,953, for the five year base period.] 12. TAP CARD PROGRAM STATUS PRESENTATION 13. INFORMATION 14. BOARD MEMBER COMMUNICATION INFORMATION 15. NEW BUSINESS SUBSEQUENT TO THE POSTING OF THE AGENDA 16. ADJOURNMENT ACTION DISCUSSION/ POSSIBLE ACTION Access Services does not discriminate on the basis of disability. Accordingly, Access Services seeks to ensure that individuals with disabilities will have an equal opportunity to participate in the range of Access Services events and programs by providing appropriate auxiliary aids and services to facilitate communication. In determining the type of auxiliary aids and services for communication that will be provided, primary consideration is given to the request of the individual with disabilities. However, the final decision belongs to Access Services. To help ensure availability of those auxiliary aids and services you require, please make every effort to notify Access Services of your request at least three (3) business days (72 hours) prior to the meeting in which you wish to utilize those aids or services. You may do so by contacting (213) Note: Access Services board meetings are held pursuant to the Ralph M. Brown Act [Cal. Gov. Code 54950] and are open to the public. The public may view and obtain all written information supporting this agenda provided to the board both initially and supplementall 3449 Santa Anita Avenue, El Monte California and on its website at Documents, including Power Point handouts distributed to Board Members by staff or Board members at the meeting will simultaneously be made available to the public. Three opportunities are available for the public to address the board during a board meeting: (1) before closed session regarding matters to be discussed in closed session, (2) before a specific agendized item is debated and voted upon regarding that item and (3) general public comment. The exercise of the right to address the board is subject to restriction as to time and appropriate decorum. All persons wishing to make public comment must fill out a yellow Public Comment Form and submit it to the Secretary to the Board. Public comment is generally limited to three (3) minutes per speaker and the total time available for public comment may be limited at the discretion of the Chairperson. Persons whose speech is impaired such that they are unable to address the board at a normal rate of speed may request the accommodation of a limited amount of additional time from the Chair but only by 3

4 checking the appropriate box on the Public Comment Form. Granting such an accommodation is in the discretion of the Chair. The Board of Directors will not and cannot respond during the meeting to matters raised under general public comment. Pursuant to provisions of the Brown Act governing these proceedings, no discussion or action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. However, the board may direct staff to investigate and/or schedule certain matters for consideration at a future Board of Directors Meeting and the staff will respond to all public comment in writing prior to the next board meeting. "Alternative accessible formats available upon request." 4

5 ITEM 5 MINUTES ACCESS SERVICES BOARD MEETING NOVEMBER 14, 2011 The Access Services Board of Directors meeting convened at 12:02 p.m. on Monday, November 14, 2011, in the third floor Board Room of the Los Angeles Metropolitan Transportation Authority (Metro) Building located at One Gateway Plaza in the City of Los Angeles. The presiding Board Member was Jano Baghdanian, Chairperson. Board Members present included: Dolores Nason, Vice Chair, Kurt Hagen, Treasurer, Theresa DeVera, Secretary, Roman Alarcon, Martin Gombert, Doran Barnes, Angela Nwokike, and Jim Jones, Access Services Legal Counsel. Director Joseph Stitcher was excused from the meeting. staff members present included: Shelly Verrinder, Mark Maloney, Donna Cisco, Araceli Camuy, F Scott Jewell, Charace Thompson, Luis Garcia, David Foster, Steve Chang, Andre Colaiace, Brian Selwyn, Geetu Banerjee, Alfredo Torales, Matthew Avancena, Geoffrey Okamoto, and Galen Hale. PUBLIC COMMENT WITH RESPECT TO CLOSED SESSION ITEMS No public comments were heard regarding the closed session items. CLOSED SESSION REPORT The Board met in Closed Session and reconvened the general portion of the meeting at 1:03 p.m. Chairperson Baghdanian asked Mr. Jones, Access Services Legal Counsel, to brief the audience on the outcome of the closed session. Mr. Jones reported that prior to taking the dais, the Board met in closed session to discuss pending litigation involving Chroman vs. Access Services et al. Mr. Jones stated that as reported at an earlier Board meeting the case had been settled and a settlement agreement was signed but was not fully executed. He added, when the agreement becomes fully executed the terms of the settlement will be reported. The second case of pending litigation, Arun Prem vs. Access Services, no reportable action was taken by the Board with respect to this matter. Mr. Jones explained the right for public comment and how it could be exercised. He mentioned the general 3 minute limitation on public comment and that anyone who by reason of a specific disability which prevented them from speaking with normal rapidity and who wished to request an accommodation should so indicate on the speaker request form so that the Chairperson could consider and potentially grant additional time to make their statement. 5

6 Chairperson Baghdanian informed the Board that he was going to move on to Item five because the Superior Service Award recipient was not present at this time. REVIEW & APPROVAL OF THE BOARD MEETING MINUTES FROM OCTOBER 24, 2011 Motion: Second: Discussion: Vote: In Favor: Opposed: Abstention: Pass/Fail: Director Nason moved approval of the October 24, 2011 Board meeting minutes. Director Hagen seconded the motion. None. Via Voice Vote. Directors Nason, DeVera, Gombert, Hagen, and Alarcon. None. Directors Barnes and Nwokike. The motion carried. GENERAL PUBLIC COMMENT Tonni Hemphill stated that her first complaint was regarding reckless driving in the sedans/cabs which previously caused her to be involved in three accidents. She also requested that there be an investigation regarding reckless driving. Ms. Hemphill added that she also noticed that many of the drivers were not asking the riders for complaining about how they were not being paid. Ms. Hemphill concluded her public comment by stating that she had been receiving extremely late pick-ups, over an hour, which had caused her to miss some of her appointments. Leslie Banks stated that he had three issues that he would like addressed with the first one being three passengers in the rear seat of a Toyota Prius which he felt was a safety issue. The second issue was an issue that he brought up at one of the CAC meetings a couple of months ago regarding the pick-up location at the LAX airport. The final issue was regarding late pick-ups as Ms. Hemphill mentioned during her public comment. Chairperson Baghdanian stated that Access Services staff member David Foster would meet with each of them after the meeting to discuss their concerns. CONSENT CALENDAR Director Gombert pulled Items 7-a, and 7-d due to a potential conflict of interest. Motion: Director Hagen moved approval of the remaining Items on the consent calendar. 6

7 Second: Discussion: Roll Call: In Favor: Opposed: Abstention: Pass/Fail: Director Barnes seconded the motion. None. Chairperson Baghdanian asked for a roll call. Directors Barnes, DeVera, Gombert, Hagen, Alarcon, Nwokike, and Nason. None. None. The motion carried. DISCUSSION: Item 7-a (Approval of extension of eastern Region Contract With San Gabriel Transit, Inc. and Item 7-d (Approval to Add Funds and Extend Contract For Over) Access Services Legal Counsel, Jim Jones explained to the audience that whenever there was a potential conflict of interest declared by a Director the rules require that they do not participate in the discussion of the item and are not present in the room while the item was being discussed and voted on, thus Director Gombert removed himself from the room. Motion: Second: Discussion: Roll Call: In Favor: Opposed: Abstention: Pass/Fail: Director Nason moved approval of Item 7-a, and 7-d on the consent calendar. Director Barnes seconded the motion. None. Chairperson Baghdanian asked for a roll call. Directors Hagen, Alarcon, Nwokike, Nason, Barnes, and DeVera. None. Director Gombert. The motion carried. MOBILITY MANAGEMENT AND AGING POPULATION Access Service Manager of Planning and Coordination, Matthew Avancena provided a presentation on the Mobility Management and Aging Population. Board Questions & Comments: Director Barnes stated that Foothill Transit sends a number of their employees through the transit and paratransit certificate programs which he felt were extremely valuable and helpful in terms of training employees. Director Barnes added that this was 7

8 relatively a small part of their budget but was also a very important part of the work that this organization does and as a fixed route transit operator he appreciated the program and planned on doing more in the future. Ms. Verrinder added that part of the mobility management program was for seamless travel throughout the entire region utilizing the 45 fixed route systems in the county. It was also to have a uniformed fare structure such as the TAP card that would allow Access riders to transfer among any one of the different public transit options and not just rely on Access Services. Ms. many individuals used the free fare program were astounding because the free fare program was a large component of the TAP card. Chairperson Baghdanian thanked Mr. Avancena for his presentation and reminded everyone that this was a presentation only and no action on this item was needed. SUPERIOR SERVICE AWARDS Keshishyan Vahan, a Driver from San Gabriel Transit, was the recipient of the Superior Service Award for the month of September Director Nason stated that she recently had the opportunity to ride in Mr. Vahan vehicle and she could see why he received this award. Director Nason congratulated Mr. Vahan. SELECTION OF PARATRANSIT RESOURCES INTEGRATION CONSULTANT (RFP ASI-3163) Access Services Deputy Executive Director Administration, F Scott Jewell provided a brief presentation on the Selection of Paratransit Resources Integration Consultant. Ms. Verrinder added that a Member Agency approached staff with interest in participating in this program. She also added that staff believed that the hardest part of the program would be to get Member Agencies interested in the program. Board Questions & Comments: Chairperson Baghdanian stated that in the presentation and in the n Baghdanian asked for clarification of different agencies. Mr. Jewell replied, for example Gardena Transit operates a local Dial-a-Ride so staff would work with them to identify excess capacity in their fleet and if they had excess capacity staff could potentially shift some of Access Services rides on to their service. He also added that staff would be able to do this through the software platform which would allow staff to manage multiple fleets and multiple jurisdictions and add different 8

9 type of rules that were specific to that local Dial-a-Ride so none of their Chairperson Baghdanian asked if any of the local Dial-a-Rides had excess capacity to take on some of Access Services trips, would Access Services handle the cost per trip if they could provide a lower rate. Mr. Dial-a-Ride provider(s) based on the rate that was negotiated, this would free up Access Services fleet to be more focused on interjurisdictional trips. Chairperson Baghdanian stated that he felt it was a very good idea and was consistent with the mobility coordination that was presented earlier. Chairperson Baghdanian also stated that this would be a great opp involvement because some of their agencies may be involved in the integration. Mr. Jewell replied that staff was looking to start working with the different agencies and conducting group meetings during the first quarter of the new-year. Motion: Director Barnes moved approval of Item 8. Second: Discussion: Roll Call: In Favor: Opposed: Abstention: Pass/Fail: Director Gombert seconded the motion. None. Chairperson Baghdanian asked for a roll call. Directors Gombert, Hagen, Alarcon, Nwokike, Nason, Barnes, and DeVera. None. None. The motion carried. APPROVAL OF SOFTWARE IMPLEMENTATION IN SAN FERNANDO VALLEY (NORTHERN REGION) Access Services Project Administrator for the Northern and Antelope Valley Regions, Geetu Banerjee and Nader Raydan, General Manager for MV Transportation provided a brief presentation on the Software Implementation in the San Fernando Valley. Board Questions & Comments: Director Hagen stated that he had a question regarding some of the timeframes where it mentioned how the Access Services riders were going to be educated. It stated that there would be some specifically scheduled community meetings and seat drops. Director Hagen added that he was concerned because it was midway through November and the project was scheduled to commence in about six weeks, he asked what the timeline was for community meetings. Mrs. 9

10 Banerjee replied that staff was planning on scheduling the community meetings in March 2012 which would be very close to the implementation timeline. She added that the seat drops would be done sometime in January or February Director Hagen asked if implementation of the community meetings and seat drops would be prior to the riders noticing a fluctuation in the service. Mrs. Banerjee Mrs. Banerjee replied that MV Transportation provided around 48,000 trips per month. Director DeVera also asked if it was possible to have smaller focus groups rather than starting with all 48,000 riders. Mrs. would work better for the riders and staff she also thanked Director DeVera for her suggestions. Ms. Verrinder added caution by stating that it would be very hard to separate dispatch because if you have some dispatchers using DDS and some using StrataGen it would duplicate the process because you would not be able to see the vehicles in both of the systems. Ms. Verrinder mentioned that the major change of the StrataGen software from when Global Paratransit went live to when MV Transportation was scheduled to go live was the development of a speed matrix. The speed matrix makes or breaks routes by determining how fast a vehicle can travel from point A to point B. At the time Global Paratransit was implementing the StrataGen system it did not have a mechanism for the speed matrix other than trial or error. Ms. Verrinder added that under this installation StrataGen partnered with Tom-Tom which has a real time speed matrix built into the system. This was all added since the implementation with Global Paratransit. Chairperson Baghdanian asked what the current on-time performance was for MV Transportation. Mrs. Banerjee replied about 91.6%. Chairperson Baghdanian stated that the projections were at 87.0% which showed some delay but he felt there would be no problem increasing the on-time performance. Motion: Director Nason moved approval of Item 10. Second: Discussion: Roll Call: In Favor: Opposed: Director DeVera seconded the motion. None. Chairperson Baghdanian asked for a roll call. Directors Alarcon, Nwokike, Nason, Barnes, DeVera, Gombert, and Hagen. None. 10

11 Abstention: Pass/Fail: None. The motion carried. AMENDMENT OF ASI-2366 (STRATAGEN) Access Services Deputy Executive Director Administration, F Scott Jewell provided a brief presentation on the amendment of Access Services contract with StrataGen. Board Questions & Comments: Director Gombert asked where the DDS platform fit in. Mr. Jewell replied that the DDS dispatching platform was completely removed from the integration and all dispatching would be done through StrataGen. Mr. Jewell also added that this item would handle the communication between StrataGen and the mobile data terminals in each of the vehicles. Director Gombert also asked if the DDS dispatching module was still Director Gombert asked if some of the issues that were brought up in the previous item and were noted as the advantages to moving to the was pos they wanted to move in that direction. Public Comment on Item11 (Amendment of ASI-2366 StrataGen) Alan Siegel stated that this was the third time he mentioned the issues he was experiencing. Mr. Siegel stated that Access Services was a great program but some improvements were needed. He added that Walter Andrade from MV Transportation in the Valley had informed him that a dispatcher would only need a second to push a button to see where a vehicle was. Mr. Jones asked Mr. Siegel if his public comment was regarding this specific item or was it a general public comment because the Board already went through the general public comment segment on the agenda. Mr. Siegel replied that it was specific to the item. Mr. Siegel continued to state that he booked a ride to an off Broadway shoe store and he and two security guards were looking for the vehicle for his return trip that never arrived, he called the dispatcher to inquire where his vehicle was and was informed that the driver had a 20 minute window, so he would have to call back after 20 minutes. Chairperson Baghdanian informed Mr. Siegel that his comment was not related to the current item that was being discussed so he was going to let the Board take action on the item and would come back to him after it took place to give him one minute to complete his public comment. Motion: Director Nason moved approval of Item

12 Second: Discussion: Roll Call: In Favor: Opposed: Abstention: Pass/Fail: Director DeVera seconded the motion. None. Chairperson Baghdanian asked for a roll call. Directors Nwokike, Nason, Barnes, DeVera, Gombert, Hagen and Alarcon. None. None. The motion carried. Public Comment (continued) Mr. Siegel continued his public comment by stating that the off Broadway shoe store did not have an address on the front of the building, so the driver was looking for someone waiting on the street, so he informed the dispatcher that the entrance to the shoe store was in the back of the building facing the parking lot. He added that the dispatcher sent another vehicle which made him late. Mr. Siegel concluded his public comment by recommending that the dispatchers inform the riders where to wait for their vehicle, how many minutes they had to wait, and to change the passenger package limits from 10 pounds to 35 pounds. Chairperson Baghdanian informed Mr. Siegel that someone from staff would contact him to address his concerns. Access Services Executive Director Shelly Verrinder reported the operations statistics for the month of October 2011 by stating that total trips increased slightly by 1% over the previous month to 211,521. She added that the interesting thing about the month of October was that Access Services had their first day in which they broke nine thousand completed trips in one day. On-time performance was a little below the standard which was 91% but above last month of 89% coming in at 90.13%, average initial hold time increased slightly from 59 seconds to 79 seconds which was well within our standards and the cost per trip remained steady at $ Ms. Verrinder informed the Board that the Access riders loved the TAP card, they love to talk about it and call Access Services multiple times to talk about it. Ms. Verrinder also mentioned that the demand for the TAP card had been overwhelming. Staffs initial projections for the year was 35,000 TAP cards and staff issued just under 26,000 TAP cards in just one month. Staff had to hire six temporary employees to handle the repeated phone calls with questions regarding the TAP card and how to use it. Ms. Verrinder added that staff was doing their best to keep up with the demand and as of now there were 9,000 cards waiting to be produced due to the flooding in Thailand where the chips in the card are produced. 12

13 Ms. Verrinder stated that due to the shortage of TAP cards Access Services had extended the Free Fare deadline from November 30, 2011 to February 29, She also informed the Board that the cards went through three different vendors before they were finalized so from this point on, staff would only be issuing TAP card to new individuals that go through the eligibility process and replacement cards for current riders would be put on hold until the 45,000 TAP cards were received. Ms. Verrinder added that the individual TAP usage for the first month was 80,400 taps. There were 4,435 active riders which averaged to 18 trips per rider the single highest rider in the month had taped their card 199 times. Ms. Verrinder continued to report that in the month of October there were 64 taps Santa Clarita, 230 in Norwalk, Montebello had 1,725 and what was interesting was that Metro Rail had 6,008, and Culver City had 1,000 taps. Ms. Verrinder also informed the Board that Access Services and Metro were jointly recognized on Wednesday night at the WTS Scholarship and Awards dinner and received the innovation award, which recognized innovations and fare technology and payment systems for the Visa TAP program. She added that Mark Maloney, Andre Colaiace, and F Scott Jewell all attended the event which was very nice. Ms. Verrinder concluded her report by stating that the CAC applications were distributed and posted on the Access Services website and were due in December BOARD MEMBER COMMUNICATION Director Nwokike stated that the TAP card looked great but she had received so many comments from riders and visitors that were very confused about the TAP card. Director Nwokike also mentioned that she was also confused when she tried to activate her new card. She stated that it was nothing like what they discussed at the CAC meeting when they were being trained on how to use it. Director Nwokike concluded her comment by recommending that there be additional training for the riders because they were very confused and they were being asked to provide their social security number which they are reluctant to do. Director Barnes stated that the data that Access Services received regarding the TAP card was going to be very valuable and important and he felt that the Free Fare program was a cost effective way to serve the customers that could use fixed route for some of their trips. He also felt that the data should be used during the eligibility process to ensure that the individuals going through the process were not just seeking the TAP cards to get Free Fare on the fixed route program. Director Barnes concluded his comment by stating that he completed his two-year term as Chair of the California Transit Association, which was a great honor. He added that they also had a great conference in San Jose, California a couple weeks ago and he was pleased to report that he was elected to serve two more years on their Executive committee which would allow him to continue to have a voice along with others for Los Angeles County. 13

14 Director Alarcon stated that he planned on continuing his focus on Customer Service and with the new technology that was implemented with the dispatchers. There needed to be accountability by sharing the information regarding the TAP card. Director Alarcon also stated that from his own experience in working with Metro, you room for human error so Access Services has to be really careful with the numbers. Director Alarcon concluded his comment by stating that other issues regarding customer service would be brought up later and the numbers that Ms. Verrinder provided regarding the hold times needs to improve no matter what the issues were with the flooding in Thailand. Director Nason mentioned that the Board received a copy of the audit report which was beautifully bound. Director Nason stated that she wanted to congratulate Access Services for an excellent report with no non-compliant findings which she felt was wonderful news. Director Hagen stated that he concurred with Director Nwokike regarding the education of the TAP card being a critical component. Director Hagen stated that his appointing authority was the Los Angeles County Commission on Disability and there seemed to be a lot of turmoil over the TAP card and 99% of it had to do with a misunderstanding of how this was all going to play out. Director DeVera stated that she also concurred with what was said regarding the TAP card, she also thanked San Gabriel Transit, Stacy Murphy and her staff for participating in District 14 Veterans parade. Director DeVera stated that it was an honor to have two Access Services vehicles transporting veterans to this event. She concluded her comment by thanking Luis Garcia for coordinating the rides and Stacy Murphy for providing two vehicles and drivers. Director Gombert informed the Board that Palos Verdes had their first Free Fare passenger last week and they signed an agreement with Access Services two years ago. He also added that since he did the billing for the Free Fare program he was not going to bill for just one passenger. Director Gombert stated that for the thirteenth year in a row their agency was going to operate a free dial-a-ride service on New that transported over a 170 passengers which had worked out really well. Director Gombert stated that in his area it was not a high transit usage area and 170 people Director Gombert also stated that he was very interested in hearing the paratransit integration report because his agency Palos Verdes Peninsula Transit Authority may have some interest in it based on some cost calculations. Director Gombert concluded his comment by stating that at the last Board meeting there were some comments made regarding the Sheriffs conducting fraud checks on the San Bernardino and Antelope Valley Lines, he asked what does Access Services do to individuals riders that were deliberately committing fraud with the PCA scam, he also mentioned that this could be a topic for discussion at a future Board meeting. 14

15 Chairperson Baghdanian stated since most of the Board members had a comment or question regarding the TAP card, Chairperson Baghdanian requested that staff provide a report or presentation at the next Board meeting on the TAP cared, he also mentioned if there are issues regarding the TAP card the Board needs to be updated when the issues arise. NEW BUSINESS SUBSEQUENT TO THE POSTING OF THE AGENDA Director Alarcon stated that a TAP Card update should be added to the next Board meeting agenda. ADJOURNMENT Motion: Second: Vote: Pass/Fail: Director Gombert moved to adjourn the meeting. Director Nason seconded the motion. Via Voice Vote. All were in favor and the meeting adjourned at 2:25 p.m. Approval Theresa DeVera, Secretary Date 15

16 ITEM 7-a JANUARY 13, 2012 TO: FROM: RE: BOARD OF DIRECTORS MATTHEW AVANCENA, MANAGER STRATEGIC PLANNING BRIAN SELWYN, MANGER PROCUREMENT AND CONTRACTS AUTHORIZE EXTENSION OF CONTRACT WITH HDR ENGINEERING, INC. (ASI 1444) ISSUE: The contract with HDR Engineering, Inc. (HDR) for ADA paratransit demand forecasting will expire on June 30, Board approval is needed to extend the contract for one year and to add the appropriate funds to the contract. RECOMMENDATION: Authorize an extension of Contract No. ASI-1444 for the period July 1, 2012 through June 30, 2013 and an increase in funds for the additional year of $24, IMPACT ON BUDGET: The funds needed to extend this contract for one year will be included in the proposed FY 2012/2013 budget. There is no increase in the rates of compensation and the not-to-exceed amount will increase from $195, to $220, ALTERNATIVES CONSIDERED No alternatives were considered. Accurate, scientifically compiled demand projections are essential to the service planning and budgetary process at Access Services. The existing contract with HDR allows for an additional option year to be executed and at this time staff feels that interests. EFFECT OF APPROVAL OF STAFF RECOMMENDATION If this staff recommendation is approved by the board, the staff would be authorized, but not required, to negotiate and amend the written contract with HDR for ADA paratransit demand forecasting services on terms and conditions set forth in the Request for Proposal and no less favorable to Access Services than those proposed above. Access Services would not be legally bound to the contract unless it is 16

17 incorporated into a formal written amendment executed by all parties thereto and BACKGROUND: In August 2003 HLB Decision Economics, now HDR Engineering, Inc., was awarded a contract to provide ADA paratransit demand projections. This contract was necessary since it had been many years since an empirical-based study of ADA demand in Los Angeles County was last conducted. Additionally, a US Department of Justice (DOJ) letter with respect to another transit property clarified and reemphasized the necessity and benefits of this process. The scope of work for this project was consistent with the DOJ position stated in its letter. Since then HDR has been providing interim and annual reports updating the ADA paratransit demand projections. In addition to providing these two important revisions and modifications due to the potential effects on ridership due to the rapid changes in the economy. This extension covers the production of those reports for an additional year. within 1% if compared to actual trips delivered. 17

18 ITEM 7-b JANUARY 13, 2012 TO: FROM: RE: BOARD OF DIRECTORS RICK STREIFF, MANAGER OF FLEET DESIGN AND MAINTENANCE BRIAN SELWYN, MANAGER OF PROCUREMENT AND CONTRACTS APPROVAL TO PURCHASE 5 VEHICLES FOR PARATRANSIT SERVICE ISSUE: Board approval is required to purchase five vehicles for paratransit service during Fiscal Year RECOMMENDATION: Authorize staff to purchase five CNG-powered ADA-accessible paratransit vehicles at a cost not to exceed $285,000. IMPACT ON BUDGET: The funds needed for the purchase of the five vehicles were allocated in the FY budget. Using local Prop C funds, the estimated total expenditure includes applicable sales tax, license and fees. ALTERNATIVES CONSIDERED: No alternatives were considered as the vehicles proposed for this project are the only factory built ADA-accessible vehicles in this weight class.with a Compressed Natural Gas (CNG) option This purchase will allow Access to evaluate an alternative fueled vehicles in revenue service. EFFECT OF APPROVAL OF STAFF RECOMMENDATION: If this staff recommendation is approved by the board, the staff would be authorized, but not required, to negotiate and enter into a written contract for the purchase of vehicles upon terms and conditions no less favorable to Access Services than those proposed above. Access Services would not be legally bound to the vehicle purchase contract unless such contract is incorporated into a formal written legal counsel. 18

19 BACKGROUND: The MV1, with a range of 280 miles, is the first purpose-built ADA-accessible vehicle with a CNG power option. It was designed in Michigan and built at a South Bend, Indiana assembly plant by AM General, the current builder of the Hummer H1. The MV1 can seat three ambulatory passengers and one passenger using a mobility device. The Vehicle Production Group Compressed Natural Gas MV-1 accessible vehicle is currently priced at $56,026 per unit. The purchase itself will likely be from Tustin Buick/MV1 of Orange County. Access currently utilizes modified low-floor minivans that are classified as ULEV2 (Ultra Low Emission Vehicle). These vehicles use unleaded fuel and average 18 miles per gallon. Gasoline prices in Los Angeles County are now at $3.58 a gallon and will most likely increase by the summer season. The purchase of the five MV1 vehicles would afford Access staff and our providers the opportunity to put an alternatively fueled vehicle through its paces in actual revenue service in Los Angeles County. This will provide further evaluation as to the viability of moving to Compressed Natural Gas for the rest of our paratransit fleet. The current retail price of CNG in Los Angeles County is $2.20 GGE (gasoline gallon equivalent). The MV1 averaged 16 miles per gallon in a prototype test performed by Access staff. Our low floor minivans run an average of 65,000 service miles per year. Based on cost and fuel consumption data, the MV1 would cover its higher purchase price in two years. Revenue service minivans average 250,000 miles at time of replacement, which is four years of service. San Gabriel Transit (SGT), which is already operating CNG vehicles under other contracts, is the suggested operator of this pilot fleet. SGT has technicians and shops familiar with the maintenance of CNG powered vehicles and fuel systems. A majority of the fueling will be completed at the Foothill Transit Peck Road public re-fueling station, and there are stations in Azusa, the City of Industry, and Covina that can be used as back up public fueling stations. 19

20 ITEM 7-c JANUARY 13, 2012 TO: FROM: RE: BOARD OF DIRECTORS SHELLY VERRINDER, EXECUTIVE DIRECTOR AUTHORIZE CONTRACT WITH INSIGHT STRATEGIES, INC. (ASI-2392) ISSUE: Board approval is required for the selection of a contractor to provide organizational leadership and individual/team development services. RECOMMENDATION: Authorize staff to execute a contract with Insight Strategies (Insight) for one year with two one year options, from July 1, 2012 through June 30, 2013, in an amount not to exceed $100,000. IMPACT ON BUDGET: The expenses associated with this contract will be included in the FY 2012/13 budget. Subject to Board approval, the contract may be extended for up to two additional years in one-year increments. The rate of compensation for both the base term and two option years is $2,700 per day. ALTERNATIVES CONSIDERED: current contract with Insight (ASI-2392) the Insight staff has acquired corporate knowledge, forged personal relationships, and built necessary levels of trust with Access staff that would take a new contractor a considerable amount of time to accomplish. Staff would like to continue to build on the momentum that has been gained over the past five years. Therefore, staff would like to enter into a sole-source agreement with Insight. EFFECT OF APPROVAL OF STAFF RECOMMENDATION: If this staff recommendation is approved by the board, the staff will be authorized, but not required, to negotiate and enter into a contract with Insight Strategies, Inc. for consulting services on terms that are no less favorable to Access than those proposed herein. Access would not be legally bound to this contract unless it is incorporated 20

21 into a formal written agreement executed by all parties thereto and approved as to BACKGROUND: Insight began working with Access in July During the past four and one-half years, Insight has been providing consultation and advisory services to Access the organization, and key individual employees. The firms work has included: Team alignment Process mappin Building an organizational competency model Updating the performance system to match new desired behaviors Training on a new performance management system Coaching skills Creation of an Organizational Leadership Readiness Program (now in its second year) Continued trusted advisement to Executive Director and key senior employees Previous work resulted in: Increased attention to Employee Development resulting in two of the original OLR members being promoted as well as two of the current OLR members improving their performance in order to participate in the second year group Improved inter and intra team communication Smooth transition of new Customer Support reorganization Structured hiring process for new COO to ensure success of candidate Standardization of key processes: Eligibility and Operations The goal of Insight in strategic organizational consultation is to improve the performance of an organization by aligning its people to achieve company objectives, thus making the organization more adaptive and responsive to customer changes and new competitive challenges. Over the course of the upcoming contract year, Insight and Access propose a continued focus on the following areas: Building Leadership and Employee Development - Continue to build leadership qualities through individual and team on-site coaching. The sessions focus on issues an individual or group of individuals may be facing, developing and implementing an action plan, and building personal leadership capacity. o Organization Leadership Readiness (OLR) The OLR process came about through our efforts with succession planning. The purpose of succession planning is to prepare for critical career passages whether 21

22 it is moving up or out of an organization. The Insight facilitated process has shown documented success in identifying and developing key employees. The process is based on open dialogue, planned development activities, and a color-coded chart to track progression. Access has seen measureable results in lower turnover and an increase in internal candidates filling positions. o Executive Director Development - Continue working with the Executive Director and Executive Management Team on their personal leadership development as it pertains to leading the organization and implementing organizational structures to build capacity and capability. Training - Training on topics necessary to build capabilities and expand capacity for all employees in current positions as well as prepare them for future roles. o Menu of Modules (specific ones to be identified): Transitioning from frontline employee to Supervisor Leadership & Influence Coaching & Feedback Building Followership Delegation Performance Management Developing Employees Working with Different Styles Emotional Intelligence Managing Upwards Goal Setting & Accountability Motivation & Reward Supervisory Effectiveness Change Management Internal Customer Service Communication Presentation Skills Conflict management Meeting Management Building a Strong Organization - Provide Consultative Services that will enable Access to further its successes by creating strategic approaches and tactical plans. Using their combined years of expertise and key industry knowledge, Insight provides consultation on the following: o Providing a trusted advisor perspective on any future issue or management and leadership best practices 22

23 o o o Business Plan Alignment to ensure long-term viability of the organization and that current efforts are aligned and tracked towards the future goals Process Improvements to align efforts and look for ways to increase efficiency and effectiveness Conflict Resolution as issues arise between individuals, provide facilitation to ensure successful outcome for both parties Over the past few years, Access has made positive strides in terms of employee development and agency focus under the guidance of Insight. In order to continue agency development, staff urges Board approval of a contract with Insight under the terms specified above. 23

24 ITEM 7-d JANUARY 13, 2012 TO: FROM: RE: BOARD OF DIRECTORS SHELLY VERRINDER, EXECUTIVE DIRECTOR AUTHORIZE CONTRACT - GENERAL COUNSEL, JONES & LESTER L.L.P. (ASI- 3243) ISSUE: Board approval is required to engage general counsel services in order to continue general legal representation for the period July 21, 2012 through June 30, 2017 and to provide the necessary funding for the services for that period. RECOMMENDATION: Authorize an expenditure of up to $2,500,000 for general counsel/special counsel legal services for a five year period ending June 30, 2017, with an additional three one year options, with a change in rates tied to the year-over year increase in the Consumer Price Index (CPI) (Bureau of Labor Statistics). The fee is based on a fixed monthly retainer in addition to rates specifically tied to litigation and non-litigation expenses. In addition, the new contract will contain an annual reconciliation if the amount that would have been billed during the course of the year, based on the hourly rates listed below, is more or less than 15% of the targeted annual amount. IMPACT ON BUDGET: The costs will be included in the budgets for the fiscal years ending June 30 th of 2013, 2014, 2015, 2016, and Access will continue to budget $500,000 per fiscal year for legal services. ALTERNATIVES CONSIDERED: The option of conducting a public Request for Proposal process was considered. A formal procurement for legal services has not been undertaken at Access since 1995, when our current counse services contracts are not subject to frequent bidding but, instead, are the subject of a negotiated renewal unless there is dissatisfaction with the services being provided. There are several reasons for this. Contracts for legal services are materially different from other services. For example, they are terminable at will by the client with or without cause at any time. Further, they are most efficiently discharged by counsel experienced in the affairs of the entity as well as the applicable law. Frequent 24

25 changes in legal counsel would result in inefficiency, higher costs, and potentially poorer legal service. The concept of hiring in-house legal counsel for routine matters has been examined. An analysis of the costs of this arrangement indicated that this was not a viable defense of uninsured litigation. Such work is not typically handled by in-house counsel, and our experience with third party legal defense in insured cases has effective service. Mr. Jones and his firm possess this specific knowledge and have experience in both litigation and transactional law, is a nationally recognized expert in the law effecting complementary ADA paratransit, possible rating] for more than 20 years and is listed in Preeminent Lawyers of the United States. EFFECT OF APPROVAL OF STAFF RECOMMENDATION: If this staff recommendation is approved by the board, the staff will be authorized, but not required, to negotiate and enter into a contract with Jones & Lester L.L.P. for general counsel services under terms that are no less favorable to Access Services than those proposed above. Access Services would not be legally bound to this contract unless it is incorporated into a formal written agreement executed by all BACKGROUND: A multiple year contract would bind Jones & Lester to the lower negotiated rates and other terms provided in the contract and preclude them from undertaking an engagement in conflict with the interests of Access during its term. The Board is free to discharge Jones & Lester at any time during the period without breaching the contract and without liability to the firm for other than the services already performed under the contract. All contracts for legal services are terminable by the client at any time, with or without cause, under applicable law and the rules of professional conduct. Accordingly, staff discussed different contract extension terms with Jones & Lester. The firm offered a substantially lower rate for a five-year contract versus contract extensions for one or two years. Staff compared the proposed rates for services with those of other transit agencies in Southern California. The proposed rates remain substantially below those charged for non-profit and governmental entities by other attorneys with similar levels of experience and expertise. The proposed rates for Jones & Lester are as follows: 25

26 Non-Litigation Litigation Rate Rate James Jones, Partner (and other Partners of the Firm) $315 per hour $350 to $375 per hour Senior Associates $275 per hour $300 per hour Junior Associates $250 per hour $275 per hour Paralegals $135 per hour $150 per hour The Los Angeles MTA contracts out for some legal services with national and local firms. According to Mary Reyna, Principal Deputy County Counsel assigned to Metro, rates paid to supervising attorneys of national firms range from $155 to $495. The average rate is $327; most common rate is $395. The national firms have supervising attorney rates from $350 to $495 per hour. James Jones, under his practice with Mark Lester (Jones & Lester L.L.P.), has been providing legal services for Access Services since July 2001 and has produced consistently effective results. The proposed rates under this five-year contract have been restructured due to changes in the Access insurance program and an increased focus on such areas as personnel policy/best practices. Based on a favorable experience with Mr. Jones and the firm of Jones & Lester L.L.P., staff recommends approval of the contract extension in order to continue provision of professional, cost-effective legal service that provides the best-value for the Agency. 26

27 ITEM 8 JANUARY 13, 2012 TO: FROM: RE: BOARD OF DIRECTORS DAVID FOSTER, ACTING DIRECTOR OF CUSTOMER SUPPORT SERVICES APPROVAL OF ACCESS SERVICES COMMUNITY ADVISORY COMMITTEE PROPOSED MEMBERSHIP ISSUE: At the June, 2011 Access Services Board of Directors meeting, the Board discussed the current function and makeup of Access Services two advisory committees: the Community Advisory Committee (CAC) and Transportation Professionals Advisory Committee (TPAC). RECOMMENDATION: Staff requests that the Access Board approve the proposed slate of CAC members selected by the selection committee. Proposed CAC Membership As prescribed in the bylaws, there shall be eight (8) representatives appointed to a two-year term (known as Group A) and seven (7) representatives appointed to a one year term (known as Group B). Group A terms will expire on January 23, 2014 and every two years thereafter on the date of the Board of Directors meeting; Group B terms will expire on January 23, 2013 and every two years thereafter on the date of the Board of Directors meeting. First Name Access User Group A Last Name Affiliation Metro Accessibility Advisory Committee/West Hollywood Arrigo Michael Yes Advisory Board Baldwin Kurt No Independent Living Center of Southern California Cavalino Nicole No R & D Transportation, Travel Training Manager Foafoa Fetineiai Yes Volunteer: Long Beach Lantz Terri No UCP Client Advocate/United Cerebral Palsy Director of Geriatric Neurobehavioral and Alzheimer Center Segal-Gidan Freddie No - Rancho Los Amigos Stoudemire Mildred No The ARC Center for Human Rights of LA and OC Watts Monique No Director of Ability First 27

28 Group B Last Name First Name Access User Affiliation Aroch-Aguilar Maria Yes Southern California Rehabilitation Services Cohen David Yes Chaplain, Veterans Administration Coto Phyllis Yes Los Angeles County Client Coalition - Department of Mental Health Francois Marie No Director of Programs - Foothill Aids Project/child with Autism Garcia Dina Yes Access Customer Kavarian Maggie No City of Glendale Community Services Supervisor Payne Howard Yes V.A./Braille Institute/Whittier Accessibility Commission ALTERNATIVES CONSIDERED: None; process conducted was in accordance with guidelines in revised CAC bylaws. IMPACT ON BUDGET: No impact. BACKGROUND: The Access Services (CAC) was formed to provide input and advice to Access Services concerning operational and policy issues for the Access Services transportation program and to make recommendations to the Access Services Board (and staff) concerning said transportation program. CAC members were previously appointed directly by individual Directors of the Access Board with Director appointing three (3) committee members. The CAC meets the second Tuesday of each month. The Board discussed the contributions of the Advisory Committees to the Access Board could be improved by taking a new look at how the committees were organized and their members appointed. The Board assigned current CAC and Board of Directors further instructed CAC and TPAC to undertake the following: Draft new CAC and TPAC by-laws; Draft a new CAC and TPAC application process; Draft a new CAC and TPAC application form; During the September 2011 Access Board of Directors Meeting, the Access Board approved the revised bylaws and restructured CAC with the expectation that staff would present the new slate of CAC members at the January 2012 Access Services Board of Directors meeting. 28