REGULAR BOARD OF DIRECTORS MEETING Monday, March 4, … PDFs/03042019 Board of Directors packet.pdf · Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000

R E G U L A R B O A R D O F D I R E C T O R S M E E T I N G

Monday, March 4, 2019, 8:00 AM Florida Conference Room

HART Administrative Office 1201 East 7th Avenue, Tampa FL 33605

Information not viewable is available upon request - phone: 813-384-6552 or e-mail: [email protected]

AGENDA

TAB

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. APPROVAL OF MINUTES Special Board of Directors Meeting Minutes ~ January 25, 2019 .................................................... 2-1 Regular Board of Directors Meeting Minutes ~ February 1, 2019 ................................................... 2-9

3. RECOGNITIONS HART Vice Chair Williams and HART Staff Attorney Carolyn House Stewart Overview:

HART Vice Chair and Frontier Communications Senior Vice President of Operations, South Region, Melanie Williams and HART Staff Attorney Carolyn House Stewart are among 22 of Florida's most impactful and influential women of color honored with the ONYX Magazine's "Women on the Move" Award.

4. PUBLIC INPUT ON AGENDA ITEMS (3 MINUTES PER SPEAKER) 5. PRESENTATIONS a. Tampa Arterial BRT Study Christopher Cochran, Director of Service Development

This presentation supports Committee Action Item Resolution #R2019-03-09 ~ Authorization for the Interim Chief Executive Officer to Award a Contract for the Tampa Arterial BRT Study to Tindale Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000.

Overview: Staff will provide a presentation outlining the Tampa Arterial BRT Study contract award to Tindale

Oliver & Associates, Inc. Included in the presentation will be a detailed overview of the tasks performed and the effort assigned to each of the tasks within the scope.

mailto:[email protected]

Hillsborough Transit Authority Board of Directors Meeting Agenda March 4, 2019 Page 2

TAB REGULAR MEETING continued b. Approval of Employment Contract with Chief Executive Officer David L. Smith, HART General Counsel

This presentation supports Committee Action Item Resolution #R2019-03-10 ~ Approval of Employment Contract with Chief Executive Officer.

Overview:

During the February 1, 2019, regular HART Board meeting, HART General Counsel was requested to draft an employment agreement with HART Chief Executive Officer.

c. Interlocal Agreement Regarding Transportation Sales Surtax David L. Smith, HART General Counsel Overview: HART General Counsel will provide a status report on the Interlocal Agreement Regarding

Transportation Sales Surtax.

6. APPROVAL OF CONSENT AGENDA Finance and Audit Committee met on February 18, 2019 and recommended approval of the following items to the full HART Board of Directors:

a. Resolution #R2019-03-05 ~ Authorizing the Interim Chief Executive Officer to Execute a Research and Technical Assistance Master Agreement between HART and the University of South Florida Board of Trustees .................................................................................................. 6-1

Christopher Cochran, Director of Service Development Overview: HART is seeking to develop a Master agreement with the Center for Urban Transportation Research

(CUTR) at the University of South Florida for research and technical assistance with HART projects.

b. Resolution #R2019-03-06 ~ Approval of Revisions to HART Board Policies - 400: Employment Policies, 430: Substance Abuse Program Policy......................................................................... 6-14

David L. Smith, HART General Counsel Overview:

These revisions are intended to update policies to reflect current practices and meet operational and legal requirements. Litigation and Claims Committee met on February 11, 2019 and recommended approval of the following items to the full HART Board of Directors:

c. Resolution #R2019-03-07 ~ Authorization to Increase Settlement Authority up to $125,000 on

the Carl Bergeron Workers’ Compensation Claim (CRM claim #B1270206) ........................6-44 Jason Wright, HART Manager of Risk Robert Bennett, Esq., HART Workers’ Compensation Counsel

Hillsborough Transit Authority Board of Directors Meeting

Agenda March 4, 2019

Page 3 TAB REGULAR MEETING continued

Overview: This action item conforms to HART Board Policy 700: Risk Management; Sub Section 720: Settlement Policy. This item discusses appropriate settlement authority for the claim listed below.

APPROVAL OF ACTION ITEMS

Finance and Audit Committee met on February 18, 2019 and advanced the following item to the full HART Board of Directors for their review and vote, without a recommendation from the Committee (for more information, please see the meeting minutes provided in the Section 10 of the packet):

d. Resolution #R2019-03-08 ~ Authorization for the Interim Chief Executive Officer to Award a Contract for the Tampa Arterial BRT Study to Tindale Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000........................................................................6-48 Christopher Cochran, Director of Service Development Overview: HART has procured planning and design services for transportation infrastructure and improvements to improve local, street-level bus service along Florida, Nebraska and Fowler Avenues and adjacent corridors as well as corridors that intersect with these three corridors between the USF Tampa Campus and downtown Tampa. These services will move forward with infrastructure and facility enhancement projects that are intended, in whole or in part, to support a rapid bus service that improves and expands transit operations and facilities to attract new riders and benefit existing riders, including those with a higher propensity for transit use such as university students, millennials, moderate and low-income residents and workers, patients of medical centers, active seniors, and transit dependent residents. The project will foster development that supports local land use plans as well as long-term economic growth.

e. Resolution #R2019-03-09 ~ Approval of Employment Contract with Chief Executive Officer....................................................................................................................................................... 6-52

David L. Smith, HART General Counsel Overview:

During the February 1, 2019, regular HART Board meeting, HART General Counsel was requested to draft an employment agreement with HART Chief Executive Officer.

7. INTERIM CHIEF EXECUTIVE OFFICER’S REPORT 8. CHAIR’S REPORT

9. GENERAL COUNSEL’S REPORT

10. HART BOARD COMMITTEE REPORTS a. Transit Oriented Development Ad Hoc Committee Meeting ~ January 28, 2019 .................... 10-1 b. Finance and Audit Committee Meeting ~ February 18, 2019 ................................................... 10-10

Hillsborough Transit Authority Board of Directors Meeting Agenda March 4, 2019 Page 4

TAB REGULAR MEETING continued

11. REPORTS FROM HART BOARD REPRESENTATIVES a. Metropolitan Planning Organization Board of Directors.......................................................... 11-1 b. Tampa Historic Streetcar, Inc ................................................................................................... 11-3

12. STATUS REPORTS a. Financial Highlights .................................................................................................................. 12-1 b. Ridership and Productivity ....................................................................................................... 12-4

13. PUBLIC INPUT REGARDING GENERAL CONCERNS (3 MINUTES PER SPEAKER)

14. OLD BUSINESS

15. NEW BUSINESS

16. MONTHLY INFORMATION REPORTS

a. Procurement and Contracts Administration .............................................................................. 16-1 b. Maintenance Activities ............................................................................................................. 16-3 c. Operations Activities ................................................................................................................ 16-5 d. Administrative Division ............................................................................................................ 16-7

17. ADJOURNMENT

THE HART BOARD PACKET IS AVAILABLE ONLINE AT WWW.GOHART.ORG

http://www.gohart.org/

Hillsborough Transit Authority Special Board of Directors Meeting

HART CEO Recruitment January 25, 2019

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Board Members Present (13) Staff Present Adam Harden Danielle Arthur Commissioner Pat Kemp Sylvia Berrien Marvin Knight Greg Brackin Richard A. McClain Vanessa Brooks David Mechanik Ruthie Reyes Burckard C. John Melendez III Joanne Caceres Commissioner Lesley “Les” Miller Kenyatta Lee Commissioner Kimberly Overman Lena Petit Councilman Gil Schisler Lillybeth Salas Kathleen Shanahan Jeff Seward Commissioner Mariella Smith Cyndy Stiglich Councilman Mike Suarez Frank Wyszynski Melanie Williams Others Present Board Members Absent (0) David Smith, GrayRobinson Rick Homan, Tampa Bay Partnership Gregg Moser, Krauthamer and Associates, Inc. Sign-in sheets are attached. CALL TO ORDER HART Board Chair Lesley “Les” Miller called the meeting to order at 2:01 p.m. PLEDGE OF ALLEGIANCE Pledge of Allegiance followed. PUBLIC COMMENT ON AGENDA ITEMS (3 MINUTES PER SPEAKER) Mr. Rick Homans, CEO of Tampa Bay Partnership, said the Partnership appreciated the time the HART Board is taking to reflect and deliberate on the CEO recruitment process to ensure the best outcome for the community. He indicated it has been a transformative time for HART, Hillsborough County, and Tampa Bay since the residents passed the historic sales tax referendum in November of 2018, providing financial resources for HART to build out a world-class multi-modal transportation system. Mr. Homans stated that selection of the CEO is arguably the most important decision this Board will make. He referenced Commissioner Overman’s memorandum of January 17, 2019, and indicated that the purpose of his comment is to encourage the HART Board to set the bar as high as possible and to urge not to settle for anything less than the best. Director Kemp arrived at 2:02 p.m. DISCUSSION ITEMS

a. Purpose of the Special Board Meeting Mr. Jeff Seward, HART Interim Chief Executive Officer, outlined the purpose of the Special Board meeting. He referenced the packet distributed to the Board members that contained the letters



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from the community, including newspaper articles and letters to the editor concerning the HART CEO recruitment process. Mr. Seward stated that the Board is to discuss the current process, the applicant pool, and the next steps in the recruitment process. Director Overman arrived at 2:05 pm.

b. Discussion of Recruiting Process Option Mr. Gregg Moser, Krauthamer & Associates, Inc., provided an overview of the recruitment process, timeline, CEO search criteria, current state of transit industry and market industry, and constraints. A full copy of the presentation is available upon request from the Clerk of the Board at [email protected]. Director Suarez arrived at 2:06 pm. Director Knight arrived at 2:17 pm. Director McClain remarked that he was the one who questioned whether the Board should take a pause in the recruitment process. He inquired about the CEO job solicitation structure and if the job posting spoke to the change in HART and its budget as a result of the referendum. Mr. Moser responded that the job was advertised by means of the job description provided by HART staff. He added that the job description did not specifically address the successful referendum. Mr. Moser indicated that there was plenty of media coverage about this high profile transit referendum win. Director Melendez inquired if it was safe to say that the top talent was fully aware of the job opportunity in Tampa. Mr. Moser responded affirmatively. Director Shanahan said she appreciated the leadership for giving the Board the chance to have this conversation. She referred to her vast past experience in conducting Governor transitions, Presidential transitions, University searches, and State Board Chairman of Education searches. Director Shanahan said the hardest challenge of all searches is the Sunshine Law. She said we know that Tampa is a special place with a dynamic opportunity that comes with funding that could transform Tampa Bay. Director Shanahan pointed out that Krauthamer and Associates Inc. are professionals who conduct national searches. She spoke about importance of understanding the current market, and appealed to the Board to be thoughtful today and resolute with the decision and move forward with an integrity to get the right talent.

c. Discussion and Decisions on Next Steps Director Overman explained that the reason she posed questions is to get a better understanding of how many individuals who may have not considered this job opportunity due to the previously set salary cap.




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Mr. Moser responded that within the set salary range, the pool of available candidates represents the best talent. He added that moving the salary range by $20,000-$30,000 would not change the pool. Mr. Moser pointed out that some of the existing CEOs, with whom he had hypothetical conversations, indicated that it would take a substantial change in salary for them to be interested in the position. He added that it poses the questions whether someone would be interested in the money or the opportunity. Director Suarez inquired about ramifications of raising the salary bottom and opening the job opportunity again after raising the salary cap. Mr. Moser said that hypothetically there could be one more candidate, but it may not be the case. He also noted the message the Board could be sending to the current candidates: are they the ones the Board wants, if they have the support and confidence of the Board. Mr. Moser also pointed out the precedence it would set for HART as an organization, its employees, and the Union. He stated that some agencies incentivize their executive leadership teams with bonuses, and gave a few examples of the agencies with such practices. Director Suarez spoke about challenges of recruitment conducted as a public process. He pointed out that the Board has recently received many letters from the community; however, no one reached out to him as a HART Board member earlier in the process expressing their concerns about the timeline or the candidates. Director Suarez noted that his understanding was that if the process were to open up, there may not be additional applicants. He remarked that the Board has stopped the recruitment processed once before and he would not want it to happen once again. Chair Miller also confirmed that no one contacted him about the recruitment process prior to the Ad Hoc Committee making the decision on the final three candidates. Director Melendez said he had serious concerns. He indicated that he values the opinion of all stakeholders who reached out to the HART Board. Director Melendez remarked that he reviewed the candidates and found them strong. He inquired if during the process of the outreach to potential interested parties anyone specifically vocalized that if the salary range was higher they would have applied. Mr. Moser responded that one person indicated that he/she would apply if the salary was minimum $325,000. He added that this individual is a current CEO of an agency that is currently larger than HART, but will not be as large as HART will be a year from now. Director Schisler agreed that the Board needs to be careful and diligent. He referred to his career in recruitment and HR, and said the open discussions of the Board in the Sunshine Law is an issue. Director Schisler remarked that he believed that HART’s next CEO is among the current three candidates. He spoke about the question that the candidates would be asked to address during their presentation to the Board: “If hired as HART’s CEO, what is your 100 day, one year and five year plan for the agency?” Director Schisler stated that the outcome of the lawsuit could dramatically change the situation. He voiced his opinion to move forward at this point in the process, and said the Board would be doing itself a disservice starting over.



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Director Harden said that teams are built in many ways, and it is important to look at what you have to determine what you need. He indicated that HART is a very well-run medium-sized transit agency and has a strong individual in Mr. Seward, who has a deep understanding of the Agency. Director Harden asked if the Board members could reconsider the pool of candidates and bring in more than the top three candidates. Mr. Moser stated that this process is lead by the HART Board of Directors, and General Counsel could determine if that could create a legal issue. He added that he has notified the initial pool of candidates that they were not selected to move forward with the recruitment, but could reach out to them to inquire if they would be willing to join the pool again. Mr. Moser pointed out that such decision may send a message to the current selected candidates. Director Shanahan inquired if it would make a difference if the academic platform qualifier was dropped. Mr. Moser responded that there was one candidate who was potentially interested in applying for the HART CEO position, but did not have a bachelor’s degree. He mentioned that this may open up the opportunity for other individuals. Director Shanahan asked if that person was a CEO. Mr. Moser responded affirmatively. Director Williams inquired about a salary of a HART-like size agency. Mr. Moser reported that he did a search for Austin a few years ago. He indicated that the Texas Sunshine Law is different and that may have allowed them to have a different pool of candidates. Mr. Moser stated that the Austin agency was going through a similar transformation process, and the successful candidate was an up and comer, with the negotiated salary of $280,000-$285,000 range, a bonus and a deferred comp of $50,000. He indicated that would be the value of the total package of a similar size system. Director Mechanik remarked that all candidates in the current pool are qualified to do the job. He indicated that based on the offered salary range and the expectations in the industry for top flight people, the Board was unduly conservative. Director Mechanik said that the Board is not obliged to keep the top dollar range and can adjust it, potentially attracting other candidates. He pointed out that it would not mean to be unfair to the current candidates, as they could reapply for the job with a higher salary range. Director Mechanik noted that this may be the most important decision that the HART Board would be making in the foreseeable future. Director Kemp indicated that initially, the HART Board intended to end the search before November, but the motion passed to conduct the search after the referendum. She said that at that time, the salary range was also discussed, based on comparison of compensations offered by similar transit systems. Director Kemp agreed that the current pool has very strong candidates with great backgrounds and experience. She noted that, in her opinion, one candidate from the initial applicants list was very strong, but overlooked by the Ad Hoc Committee. Director Kemp



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pointed out that the lawsuit could make some candidates step down and suggested to move forward with the process. Mr. David Smith, HART General Counsel, stated that he would be stepping out of the Board room for the duration of a conference call with the entire defense team on the transit surtax to discuss the strategy of the litigation. He added that Ms. Sylvia Berrien will sit in for him during his absence. Mr. Smith advised that the Board can take any action, with no constraints. He explained that the Ad Hoc Committee has made a recommendation, which the Board is free to follow or reject. Director Melendez said the information that made a difference for him was the fact that there were at least two potential candidates that have not applied for the position based on the salary range and the requirement of a bachelor’s degree. He stated that he shared concerns of maintaining the credibility of the Board; however, he would be willing to discuss an alternate option other than the current pool of candidates. Director Melendez added that he would be willing to consider a resume of a CEO who is interested in this vacancy at HART, but does not meet the educational requirements. Director McClain said he did not believe that the process was broken, but there were some monumental events that happened, both positive and negative, that the Board is working through. Director Shanahan inquired if Mr. Moser asked the candidates if they would stay in the pool if the position is reopened. Mr. Moser responded that he has been keeping close contact with the candidates to keep them engaged. He said the candidates expressed understanding of the process and said they would reflect on a decision of the Board when it is made. Director Shanahan said it is important to talk about salary versus the total compensation package. She inquired about the percentage of the jobs that have a variable component. Mr. Moser said from his experience those conversations of incentivizing people take place more these days. He remarked that the bonuses are not high, in the range of 5-10 percent, and it is unusual to see more than 20% bonuses. Mr. Moser noted other vehicles for compensations in CEO packages like car allowances, although those are not often seen in transit industry as provider of public transportation. He mentioned deferred compensation packages and other sorts of allowances, such as automatic annual salary increases, contract lengths, and severance clauses. Chair Miller noted that Florida State has the strictest Sunshine Law in the country. He referred to his past experience of witnessing how strong candidates withdrew because of the open process. Chair Miller said he has sat on the Board of agencies that were recruiting CEOs. He said the HART process mirrored the best recruitment process and the Ad Hoc Committee played its role and recommended the best qualified candidates. Chair Miller pointed out that Mr. Moser advised that changing the salary range or educational requirements may bring one or two additional candidates. He stated that, in his opinion, this would not be a positive reflection on the Board opening the recruitment process to potentially bring one or two candidates. Chair Miller remarked



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that HART is looking for the leader with a vision to put this Agency on top of other transit agencies in the country. He pointed out that Mr. Seward was hired 13 months ago as Interim CEO to move this Agency through tough times, and there may be an opportunity to talk to him about staying in this position with an increase in salary. Director Knight said, in his opinion, the Ad Hoc Committee did an excellent job narrowing down the best candidates. He mentioned that he is also noticing the changes recently made with the HART workforce and the community. Director Knight encouraged the Board to make a decision and if none of the current candidates work, he would be willing to entertain Mr. Seward continuing as CEO. Director Suarez suggested going forward with the recommendation of the Ad Hoc Committee. Director Melendez stated that after today’s discussion he felt that due diligence has been exercised. Director Overman said that her correspondence to the Board expressing her concerns has not been a reflection on the qualifications of the current candidates. She noted that today’s conversation gave her the understanding about the current situation with the compensation market, the current executive searches, and the candidates’ skills, which is the important part of the process and framed the way to move forward. Director Smith stated that, in her opinion, HART has a pool of very strong candidates and she felt confident with moving forward. Director Harden made a motion to approve the recommendation of the Ad Hoc Committee of the selection of the final candidates and moving forward with the set schedule of interviews. Director Shanahan seconded. Director Kemp spoke to the remark about Mr. Seward and stated that, in her opinion, Mr. Seward has done an incredible job during his tenure as HART ICEO. She indicated that Mr. Seward has previously indicated that he would not be applying for the job, but wanted to explore if he would reconsider joining the pool of the candidates. Director Mechanik seconded. Mr. Seward said he appreciated the sentiments. He stated that he has made a conscious decision not to apply for the position, providing a letter on the reasons. Mr. Seward said he thought it was the time for HART to have an experienced planning CEO come forward. He also noted that he would not feel comfortable competing against someone who he could be serving under, but rather support whoever that person is in the best capacity to make him/her successful. Chair Miller asked if Mr. Seward would accept the position if it were offered by the Board today. Mr. Seward stated that he would have to consult with his spouse. The question was called to the motion by Directors Harden and Shanahan. All Board members present voted aye. The motion carried unanimously.



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Mr. Seward outlined the next steps in the recruitment process, with individual interviews with the Board members, including Skype interviews, and the Board meeting on February 1, 2019. Director Williams reported that she is scheduled to have FaceTime interviews with the candidates on Monday, January 28th. Director Melendez thanked Mr. Moser for the excellent job throughout the process. Director McClain thanked the Board for their leadership as they were going through the recruitment process. Director Mechanik noted that the question about considering Mr. Seward as part of the process was not answered. He added that Mr. Seward could decline at any point in the process. Director Mechanik made a motion and Director Kemp seconded to add Mr. Seward to the list of the group of candidates for interviews with the Board. Director Miller said Mr. Seward could contact him on Monday morning, after consulting with his spouse, to relay his decision. Director Schisler said he was new to the Board, and he did question why Mr. Seward was not considered as a candidate. He pointed out that the individual who will be hired for the CEO position would have a very solid right arm in Mr. Seward. Director Suarez pointed out that Mr. Seward stated he would not entertain joining the pool of the applicants, which is in cross purpose to the motion on the floor. He questioned if that would be the proper process after the motion was passed to approve the pool of the candidates for the interviews. Director Suarez stated that he would not support the motion. Director McClain questioned the motion from procedural standpoint and encouraged to keep the process as is. Director Harden indicated that one of the options could be that upon completion of the interview process, if no one is identified as the successful candidate for the CEO position, the Board would have the authority to promote from within the organization. Director Kemp withdrew the second to the motion. The motion died for the lack of second. Director Knight echoed Director Harden’s comments and pointed out that initially the Board has decided to do an external search. He added that if after the interviews the Board does not feel it has the candidate who meets the criteria, it would have an opportunity to hire from within, who is not necessarily in the pool. Director Williams stated that in her perspective the Board would want someone who absolutely wants this job, who is passionate and committed, who has the leadership to approach the Board



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and ask for increase in the salary range. She said that she is passionate about hiring right people for right reasons. Director Williams said she respected Mr. Seward for the job he has done, but wanted to recognize that the people who wanted the job, applied for it. Director Suarez agreed with the previous comments and noted that the open public process requires a full public discourse. Director Shanahan thanked the Chair for the clarity of her comments. She spoke about the process when Mr. Seward chose not to be the candidate and appealed to the Board to respect his professional decision. Director Shanahan said, in her opinion, HART needs additional experience to take HART to a different level. She said it is important to add capacity to this organization, not just promote from within. OLD BUSINESS There was no old business. NEW BUSINESS Director Harden reported that Mr. Rick Fernandez was selected by the City of Tampa to the Independent Oversight Committee (IOC), which takes him out of the list of the candidates for the two seats appointed by the HART Board of Directors. Ms. Lena Petit, Director of Board Relations, reminded the Board members about the decided upon process of making a selection to the two seats on the IOC appointed by the HART Board of Directors. Director Smith spoke in support of Mr. Dustin Lemke as a candidate of her choice. She said she contacted his references and they spoke highly of him as the candidate who has experienced transit as its customer. ADJOURNMENT The meeting adjourned at 3:37 a.m. ATTEST Commissioner Lesley “Les” Miller, Chairperson HART Board of Directors Councilmember Mike Suarez, Secretary HART Board of Directors

David L. Smith, Esquire HART Board General Counsel

STAFF, VISITORS AND MEDIA

NAME ADDRESS*If Hart Employee – please write “Employee”

PHONE NUMBER

Danielle Arthur Employee 6517Lena Petit Employee 6552Frank W Employee

Gregg Moser KHSylvia Berrien Employee 6625

Gregory Brackin Employee 6315Joanne Caceres Employee 4155

Ruthie Reyes Burckard Employee 6313Lillybeth Salas Employee 4557

vanessa brooks employee

SPECIAL BOARD OF DIRECTORS MEETING

25, 2019JANUARY


PHONE NUMBER

PUBLIC COMMENT

WHEN ADDRESSING THE BOARD, please state your name and

NAME CONTACT INFORMATION GENERAL COMMENT

COMMENT ON AGENDA

ITEM


JANUARY 25, 2019

PUBLIC COMMENT


COMMENT ON AGENDA

ITEM


JANUARY 25, 2019

Hillsborough Transit Authority Regular Board of Directors Meeting

February 1, 2019

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Board Members Present (12) Staff Present Adam Harden Danielle Arthur Commissioner Pat Kemp Lisa Barco Marvin Knight Sylvia Berrien David Mechanik Greg Brackin C. John Melendez III Vanessa Brooks Commissioner Lesley “Les” Miller Joan Brown Councilman Gil Schisler Ruthie Reyes Burckard Kathleen Shanahan Joanne Caceres Commissioner Mariella Smith Linda Crescentini Councilman Mike Suarez Scott Drainville Commissioner Kimberly Overman Kenyatta Lee Melanie Williams Ivan Maldonado Sandra Morrison Board Members Absent (1) Colin Mulloy Richard A. McClain Lena Petit Lillybeth Salas Cyndy Stiglich Others Present David Smith, GrayRobinson Christina Barker, All for Transportation/VFO Gary Cloyd, Transit Advocate Glen Eich Chris Gleason Katina Kavouklis, FDOT Dustin Lemke Brandie Miklus, HNTB Gregg Moser, Krauthamer and Associates, Inc. Dave Newell, FDOT Dave Sobush, Tampa Bay Partnership

Sign-in sheets are attached. CALL TO ORDER Chair Lesley “Les” Miller called the meeting to order at 9:03 a.m. APPROVAL OF MINUTES Director Schisler moved and Director Overman seconded approval of the minutes from the January 7, 2019 regular Board of Directors meeting. All Board members present voted aye. The motion carried unanimously. PUBLIC COMMENT ON AGENDA ITEMS (3 MINUTES PER SPEAKER) Mr. Glenn Eich, 2900 University Square Drive, Tampa, referred to his transit rider experience in many major US cities. He stated that mass transit has been his sole means of transportation since 2003, and by far, this county has the most inefficient mass transit system that he has seen. Mr. Eich remarked that the bus system has been scaled down; and the people have decided they are willing to pay directly in order to improve the mass transit system. He added that there is a large


February 1, 2019

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resident base who should be HART’s major source, if not sole source, of input; the patrons who rely on the bus system to get to work and school every day. Mr. Eich stated that he would like to see questionnaires on every bus, where the bus schedules are posted, with simple questions like what is the maximum time you wish to wait for a bus, or would you like the buses to run weekends on a schedule similar to weekdays. He pointed out that a community outreach program is useless unless HART asks those who will benefit from the money HART has been given and is planning to spend. Mr. Eich spoke about immediate needs that should not take months to plan and should take priority over any plans to modernize the mass transit system in Hillsborough County. He added that HART needs more buses, electric or otherwise and more drivers to serve more residents and more areas more often. Mr. Dustin Lemke, 304 East Ross, Tampa, addressed the appointments of the Independent Oversight Committee (IOC) that he applied for. He said he has worked at Hillsborough Community College for 13 years, and became a Dean about a year ago. Mr. Lemke remarked that in 2010, he paid off his car, sold it and bought his first bus ticket and started taking HART. He spoke about his experience as a transit rider for eight years, and even thought he had to buy another car, he had made a commitment to still take HART twice a week. Mr. Lemke indicated that after Mission MAX, his route was one of the routes that improved travel time, because he lived in the core of the city. He stated that, in his opinion, public transportation is a great answer, one piece of a complicated puzzle, where people are able to walk and bike and take a bus and sometimes drive cars. Mr. Lemke said the residents need different modes of transportation; and it is what he liked about the tax that was passed, it looks at transportation holistically. He noted that it is important that a person with transit experience serves on the IOC. Mr. Lemke remarked that many people asked him about the safety of the bus system and he never had an issue. He added that he recommends his students to take HART. Mr. Chris Gleason introduced himself as a frequent rider. He encouraged the Board to look to the future of what is best for HART - ridership, the general public, and clean electric buses. Mr. Gleason pointed out that the added cost for electric buses is made up by the operating cost during the life of the buses. He said fuel costs for electric vehicles are almost nonexistent and with almost no moving parts, the costs are a lot less than for CNG buses. Mr. Gleason commented that as they age, electric buses only get cleaner. He stated that HART has a unique opportunity to receive eight electric buses by the end of the year; and as more and more transit agencies go electric, HART falls further behind. He appealed to the HART Board to make a commitment to the future for the benefit of HART, its ridership, and the public. DISCUSSION ITEMS

a. Appointment to the Tampa Historic Streetcar, Inc. Mr. David Smith, HART General Counsel, explained that at the January 7, 2019 elections, Commissioner Kemp was appointed as a member to the THS Board of Directors. He said since then, Commissioner Kemp noted a scheduling conflict she would have with the regular monthly meetings of that Board and requested to be appointed as an Alternate member. Mr. Smith said Councilmember Suarez currently serves as Alternate on the THS Board of Directors and would be willing to become a regular member. Chair Miller nominated Director Suarez as member to the THS Board of Directors. All Board members present voted aye. The nomination passed unanimously.


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b. Appointment to the Independent Oversight Committee (IOC)

Mr. Smith provided a brief background of the IOC appointment process. He said the Board members individually rated the applications and the selected top two are to be reviewed at this Board meeting for appointments. Chair Miller announced that Mr. Chiaramonte has been appointed by another entity and is no longer an active candidate for the HART seats. Director Mechanik made a motion seconded by Director Kemp to appoint Mr. Sean Shaw and Mr. Dustin Lemke as the HART Board appointments to the Independent Oversight Committee. All Board members present voted aye. The motion passed unanimously.

c. BOCC/HART Discussion on Funding for Buses Mr. Jeff Seward, Interim Chief Executive Officer, reported that at the December 2018 Board meeting, staff had a plan to move forward with additional frequencies and a bus order as a result of the successful referendum in November; however, staff learned that morning that a lawsuit has been filed, and pulled the recommendation for additional service and bus purchase. He indicated that at the January 9 BOCC meeting, Commissioner Kemp brought forward a motion asking the county to consider fronting or making available as a backstop $10 million from their CIT reserves to allow HART to be able to move forward with the bus purchases. Mr. Seward indicated that the Commissioners discussed HART’s ability to pay back the money if the sales tax revenue never comes to fruition, or it is delayed even further and HART receives a bill after the bus order. He said HART would not be able to pay the county back any time in the near future. Mr. Seward reported that staff discussed this matter with the electric bus manufacturer Proterra, to be able to move forward under a letter of intent from HART with the configuration, final specifications, and charging infrastructure. He stated that HART was able to use the Georgia Department of Administrative Services contract for supplemental mass transit vehicles and transportation-related vehicles with absolutely no obligation to HART. He clarified that the letter of intent tells Proterra that HART wants to move forward with the acquisition of eight buses sometime in the spring of 2020, once the buses are manufactured; if HART does not have the funding at that time, it will not be obligated to pay anything for any of the buses or the work. Mr. Seward added that there is a market for those buses and Proterra realizes that. He stated that this situation no longer requires the County’s help with the funding, and it allows HART to move forward with planning on these electric vehicles. Director Kemp thanked Mr. Seward for his leadership and stated that it is important for HART to move to the future with an electric fleet. She remarked that many of the large agencies are going that way. Director Kemp pointed out that many do not recognize that it takes two years from order to delivery of a bus. She supported moving forward with this order. Director Shanahan commented that, in her opinion, Mr. Seward identified a smart and clever pathway to order the buses with no liability or no funding. She inquired if HART was paying at the high end or the same price as everybody else.


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Mr. Seward responded that it would be the same price of the contract that anybody else would be paying. He indicated that to move forward with the purchase of eight buses will require the Board’s action; and it is a more of a promissory note now. Director Overman commented that she was very glad to hear HART was able to partner with the Georgia contract to be able to make this happen in an expedited manner. She inquired if HART General Counsel reviewed all terms to make sure there is a clear understanding of the provisions of this agreement. Mr. Smith responded that he reviewed the letter of intent and suggested a few changes, which were incorporated by staff. Director Overman made a motion seconded by Director Kemp to move forward with a letter of intent to Proterra for future purchase of eight electric buses. Director Melendez clarified that it was a capital purchase, not including operations and maintenance. He inquired about the plan after the bus delivery, and costs associated with training and staffing. Director Melendez remarked that HART is deferring the liability a little as far as if something were to happen with the tax, but HART would have electric buses that could not be operated or maintained. Mr. Seward responded that HART would purchase the buses only if the funding is available, so there will be no deferred liability. All Board members present voted aye. The motion passed unanimously.

d. Sales Tax Planning Update Mr. Smith reminded the Board members that HART is in litigation and cautioned with respect to comments and questions that the Board members make. Mr. Smith reported that he spoke at length yesterday with the County Attorney, the County Administrator, and the outside counsel; and transmitted the email last night including the summary of the allocation from the Clerk. He explained that it is the allocation that the entire County Leadership Team is supporting and will be recommending to their Board at their upcoming meeting on Wednesday. Mr. Smith remarked that he sent the Board members a memorandum that explained how the timing works if the written word of article 11 is followed. He said it indicates that a plan must be submitted by September 30th of any given year for approval of expenditure in the next calendar year. Mr. Smith stated that to him, that language is unequivocal, which means HART cannot spend money until 2020. He remarked that he heard that there is an alternative view that the drafters of article 11 simply did not address this; and maybe it can be filled in through the process. Mr. Smith pointed out that he can provide an analysis based on a text. He mentioned that the Clerk informed that DOR is going to start sending money to the Clerk who is going to be conduit of funds on approximately March 25. Mr. Smith indicated that the Clerk has five days to distribute those funds to the recipients: the county, HART, and other cities. He said there are questions that need to be answered, such as whether it would be appropriate to invest the funds in order to get some return; as governmental entities invest in low return, very low risk types of investments and big amounts of money can generate significant returns. Mr. Smith stated that another question is whether HART can use those return on investment funds in the interim; and if those funds would be part


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of the return of the funds in a situation of a successful litigation. He said he did not believe it was a possibility as a remedy. Mr. Smith outlined next steps: when members of the BOCC review a recommendation that they validate a certain amount of the proceeds, a bond validation proceeding has the consequences of significant precedential value, which is binding in lots of different ways. He indicated that the HART Board of Directors is not in privity or relation with that bond, but would be able to obtain collateral estoppel which would prevent any future legal arguments settled in the current litigation. Mr. Smith stated that the allocation approach has caused consternation among some of the private partners because it, in part, leaves HART out. He pointed out that the fact that local governments cannot deficit spend, so HART is not going to spend money until there is certainty that it does not have to be paid back. Mr. Smith noted that such understanding has been made clear, and all participants are working in the same direction. He remarked that if the BOCC passes the motion to go for a bond validation, they will file the next day. Mr. Smith explained that the advantage of the bond validation is not only precedential value, but also priority on the calendar with the circuit court. He said the plan is to try to merge it with the existing case, that may make moot the standing issue with regard to current plaintiff, but it would get HART to issue quicker, and preserve the May 3rd date which is currently the day for cross motions for summary judgment meaning resolution of the current litigation as the decision date on bond validation. Mr. Smith added that if someone appeals it, and the attorney on the other side is an appellate attorney, it does not go to the second court, but directly to the Florida State Supreme Court where it is treated on an expedited basis. Mr. Smith stated that in the County attorneys’ and his opinions, this is the quickest way to get to the final resolution that is binding and works for everybody. He referenced the similar example with the CIT that was challenged by ex-Mayor Poe. He explained that ex-Mayor Poe had a case pending that was merged with the bond validation, he won and had the tax overturned at the validation level at the circuit court, but was overturned by appeal at the Florida Supreme Court. Mr. Smith said the people who handled that case included the County Attorney Christine Beck and County Administrator Mike Merrill. Mr. Smith shared his concern that due to the fact that HART is not in privity to the bond validation proceeding, the Agency can participate and intervene, but does not have a contractual right to enforce anything that comes out. He explained his position that an interlocal agreement is the only document that puts HART at the table as a Board with its own enforcement rights. Mr. Smith added that HART is not subject to what happens to the bond validation proceeding and not subject to what happens elsewhere. Mr. Smith reported that depositions are set for the plaintiff on February 25, there is a difference of opinion as to whether that should go forward for a variety of reasons. He said a pending motion to dismiss for lack of standing will be heard on March 14; with the motions for summary judgment currently scheduled for May 3. Director Mechanik requested that Mr. Smith expand on the interlocal agreement. He noted his understanding that it was a requirement for providing a mechanism for the proceeds under Chapter 212. Mr. Smith explained that there are two requirements, one under 212 and one from the Clerk for an interlocal agreement in order to disperse funds. He added that he would like to make sure HART’s agreement has sufficient independence to not be revisited every five years like municipality


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agreements, but 30 years because the funds have to be bonded which cannot be done with a short-term commitment of the cash flow stream. Director Mechanik inquired if Mr. Smith was asking the Board to authorize him to proceed in the above-mentioned direction with the other entities. Mr. Smith said that it would be helpful to be authorized to move forward to finalize the interlocal agreement and bring it for the Board’s approval at the March regular Board meeting. Director Melendez inquired if the plans to purchase electric buses would have to be approved by the IOC before September 30. Mr. Smith responded affirmatively. Director Melendez noted a little risk of IOC disagreeing with HART moving forward. Mr. Smith explained that the IOC’s digression is limited to determining whether or not the plan HART submits is consistent with Article 11. He said it was one of the questions of the plaintiff, who is concerned about the IOC’s role. Mr. Smith remarked that he had recommended having a provision that makes BOCC the appellate body of IOC’s decisions, which will give the BOCC the rightful authority and provides elected review of an ultimate decision. Chair Miller reminded the Board members about the pending litigation and the need to be cautious about the statements. Director Suarez asked if the City was a participant in this litigation partnering with HART concerning these issues. Mr. Smith responded that the County is a primary plaintiff, because it is their bond validation. He added that the City will probably participate. Mr. Smith said three different lawyers from the City have been involved at every turn. Director Suarez referenced Mr. Smith’s comments that the MOUs drafted will have a five-year retention period for municipalities, but he is trying to get the MOU for HART to be for 30 years. He noted that he will be contacting the City attorneys for that information. Director Suarez stated that he is currently running for office right now and these issues come up at every single forum and in every single debate. He commented that, during the heat of campaign, sometimes candidates speak about the issues and expressed his concern for not wanting to cause any additional problems to the litigation. Director Suarez asked Mr. Smith if he could meet with him to prevent such cases. Mr. Smith stated that he is available at any time he would like to meet. Director Harden inquired if there is a draft of the BOCC MOU to be discussed or will it all be discussed in theory. Mr. Smith stated his belief that there is a draft. He noted that he has asked for it.


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Director Overman expressed her appreciation for Mr. Smith bringing this forward to start formulating the process and her commitment to ensure that the voters’ will is fulfilled. She noted that she thought the money would be available as normal funding is for the next year. Director Overman stated that she is looking forward to the conversation about the funding schedule to ensure that all priorities of the community are met. Mr. Seward stated that staff is now developing a plan where the money from the sales tax revenue will not be available until January of 2020 which is different from the planning horizon that was started just a couple months ago. He noted that after a conversation with this Board on the next steps, he wants to work on moving forward on the planning side of the house. Mr. Seward reported that there is an opportunity to have Mr. Jarrett Walker, Jarrett Walker + Associates, collaborate with TindaleOliver, the firm who performed the major update a year and a half ago. He explained that TindaleOliver having the opportunity to reopen and start the planning process for the sales tax makes sense since they are familiar with the existing plan; and having Mr. Walker collaborate makes even better sense as he has a much more global perspective and view, particularly on the public outreach. Mr. Seward stated that the proposal details will be brought to the February Committee meeting for discussion and to the full Board in March for consideration and approval to be able to move forward with the biggest public outreach this organization has ever had in 40 years of history reaching stakeholders, community leaders, and current riders. He stated that the plan to the IOC for the next year must be submitted by September 30th and noted the importance of the proposal moving as rapidly as possible. Mr. Seward commented that no extra service or expenditures were anticipated for this year and the funds for the study will be coming from fund balance. He reminded the Board that the Agency is working within the confines of a very restricted budget even though the bank account will be busting at the seams within the next few months with money that cannot be spent. Mr. Seward noted the importance of managing and understanding expectations. Director Kemp thanked staff for bringing Mr. Walker on as a consultant because he is internationally recognized as a premiere transit redesign expert. She stated her excitement for the proposal. Director Smith noted her delight about the extensive public outreach efforts and the inclusion of Mr. Walker. She stated that the community has a lot of enthusiasm for the transit product from the referendum that was passed. Director Smith commented that the referendum was passed countywide and Hillsborough County is a big area with a diverse population in diverse communities. She noted that staff will have to manage the expectations, but incorporate community input into plans and priorities. Director Shanahan inquired if this would be a sole source procurement. Mr. Seward answered affirmatively. Director Shanahan inquired what the cost and KPIs would be. Mr. Seward stated that the proposal is around $400,000 for both consultants. He noted that there will be plenty of KPIs that will be explored. Mr. Seward also explained that options will be brought forward along with the proposal.


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Director Overman commented that HART has a massive agenda for 2019 and that it is critically important to manage expectations. She noted the subcommittees of the HART Board and their critically important work. Director Overman stated that the expansion will not only be service, but creating the opportunity of the economic development. She expressed her pride of the process of examining the transit agenda, the work of the various subcommittees, and having the potential of an expert with experience in developing those kinds of projects and of that magnitude. Director Overman thanked staff for bringing the redesign project together. Director Schisler inquired about the deliverable of the current discussion. He echoed Director Shanahan’s comments and noted his concerns with the cost of this endeavor and the timing of the budget process. Director Schisler stated that the redesign needs to be planned so the subcommittees can work it and bring it back to the full Board. He reiterated the discussion held by Mr. Smith about the Board members being mindful of what is said. He asked for a conclusion of where the Agency is and what moving forward will look like. Director Harden stated that it was a wise decision to pursue a quote to reopen the agreement with TindaleOliver. He noted his assumption that if negotiated correctly, contracting with TindaleOliver would be the thriftiest way to go for the redesign and then having Mr. Walker answer under the agreement seems like a wise way to engage the public. Director Harden echoed Director Schisler’s comments about understanding the deliverables and end product. He stated his personal interest in the nature of the public engagement such as where the outreach is going to take place, and the hours of what days. Director Harden said that is going to be important for getting the feedback to get the TDP updated and adopted by September. Director Melendez stated that he would like to ensure that all procurement rules and regulations will be followed. Mr. Seward explained that this proposal will be brought for consideration and discussion and his report was just to follow up on the Board’s previous request. He noted that if the Board chooses not to pursue this recommendation in March, the normal outside procurement cycle would not have a consultant hired until July or August. Mr. Seward stressed that the Agency must have a plan put in place by September so this request will need to be expedited quickly. Director Mechanik made a motion seconded by Director Overman to authorize Mr. Smith to pursue the interlocal agreement along the lines outlined in the General Counsel’s presentation. Director Harden asked if the motion would include the start of a draft agreement. Mr. Smith stated that his understanding is the motion includes drafting, revising, and negotiating. All Board members present voted aye. The motion carried unanimously. APPROVAL OF ACTION ITEMS

a. Resolution #R2019-02-03 ~ Approval of the Second Extension of the Memorandum of Understanding between Hillsborough Transit Authority (HART) and Pinellas Suncoast Transit Authority (PSTA) for Collaboration Opportunities


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Director Shanahan moved and Director Suarez seconded a motion to approve Resolution #R2019-02-03 ~ Approval of the Second Extension of the Memorandum of Understanding between Hillsborough Transit Authority (HART) and Pinellas Suncoast Transit Authority (PSTA) for Collaboration Opportunities. All Board members present voted aye. The motion carried unanimously.

b. Resolution #R2019-02-04 ~ Authorize the Chief Executive Officer to Purchase up to Four 23-foot Small Cutaway Type Vans With Mobility Lifts from Florida Transportation Systems Inc., in a Not-To Exceed Amount of $318,000 Director Shanahan moved and Directors Suarez and Kemp seconded a motion to approve Resolution #R2019-02-04 ~ Authorize the Chief Executive Officer to Purchase up to Four 23-foot Small Cutaway Type Vans With Mobility Lifts from Florida Transportation Systems Inc., in a Not-To Exceed Amount of $318,000. Director Schisler inquired if this purchase was budgeted. Mr. Seward responded that this purchase was not budgeted and that HART is in need of additional paratransit vans. He indicated that these additional grant funds allow HART to move forward with those purchases. All Board members present voted aye. The motion carried unanimously. INTERVIEWS WITH THE CANDIDATES FOR HART CEO POSITION Mr. Gregg Moser, Krauthamer and Associates, Inc., provided a brief overview of the executive search process. Voting Procedure and Rules for Deliberations Mr. Smith outlined the voting procedure and rules for deliberation. He said it is contemplated a vote would be determined by ballot; the Board members would choose which of the two candidates they prefer. Mr. Smith said the votes will be collected and tallied and the candidate with the majority of the votes would be selected to negotiate with. He clarified that if the negotiations prove not to be successful, the second candidate would move up to those negotiations. Mr. Smith stated that the Board may choose simply to have a raising of the hands vote. Presentations by the Candidates/Questions and Answers Ms. Carrie Butler A full copy of the presentation is available upon request from the Clerk of the Board at [email protected]. Chair Miller noted that the new sales tax revenue to appropriate and spend will not exist until at least January 2020. He asked how would Ms. Butler manage the expectations of the Board, the community, and HART staff assuming a budget was already constrained with little to no additional funds to start her tenure as CEO.



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Ms. Butler said it will be clear and transparent communication, putting service out on the street. She indicated that she spent a good bit of her career trying to make ends meet as HART staff has done for many years, so that would be very familiar to her. Ms. Butler added that from her brief time at HART, she realized that the first thing that needs to happen is finding common ground of this community, this Board, staff, organization and the customers. She said it would be important to put together that vision of where HART wants to go, and where HART wants to take the community. Director Melendez remarked that one of the aspects he expressed about this position during the one-on-one interviews, was humanity. He inquired if Ms. Butler were to get the position, would she commit today to not making any broad sweeping changes with regard to personnel as she evaluates them. Director Melendez gave an example of making everyone reapply for their jobs. He noted that this was a very direct question, and said Ms. Butler did not have to respond if she was not comfortable answering it. Ms. Butler stated that over the course of her career she has worked with people who have various tenure with their respective agencies. She pointed out that there are many valuable people who have knowledge and care for the community and the organization. Ms. Butler added that her approach in terms of how to build a team is to make it diverse, engaged, and accountable. She stated that she would not intend to make any major sweeping changes, seeing the value in having people that come from a different industry or maybe people that are new to the workforce and matching that with people who really bring that knowledge and experience in transit. Director Suarez asked about Ms. Butler’s vision for HART as we go forward to provide effective and efficient transportation for all people in Hillsborough County, when the funding is available. Ms. Butler remarked that HART has to be more competitive from a time standpoint, to make the service more reasonable, faster, and better than how people travel now. She noted that the industry is moving towards mobility as a service or a sweep of services so that customers have a seamless interaction, taking a scooter or bike to take a bus. Ms. Butler said it is a key piece of the vision; and making sure there is equitable service in the community so people understand the reasons behind the service structure. She added that it takes communication and building relationships between staff and community partners. Director Shanahan noted that one of the challenges/ongoing opportunities is negotiation with the contract union members. She remarked that at the duPont awards for journalism in New York, there was a special about bus drivers; it talked about the vulnerability, accessibility and a lot of things they get exposed to during their shift. Director Shanahan inquired about Ms. Butler’s familiarity in both negotiations with the unions and building a relationship with the union participants. Ms. Butler stated that, in her opinion, bus drivers have one of the most extraordinary jobs, changing people’s lives every single day. She indicated that in her previous experience, working with union shop or union environment, she has done two union contracts and worked with three different union presidents. Ms. Butler spoke about building the relationship as a key part, with a lot of the work done in between the negotiations. She gave an example of the formation of a joint labor management committee, where there are no talks about any contractual items, but an opportunity to understand each other and the organization.


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Director Schisler inquired about Ms. Butler’s experience with performance management and measures and key indicators; the ability to create them and to live by them. Ms. Butler referred to her background in planning, saying that she has worked on setting key performance indicators, staff goals and objectives so there is a clear link to what the larger vision is and some of the more specific metrics. She mentioned excitement about how much data you can generate and what that data can mean for performance metrics. Ms. Butler gave an example of the data point on how many people are late with low on-time performance. She explained that if a bus is 15 minutes late, but there are only one or two people on it, that is not the same as having 10 buses that are 7 minutes late that impact hundreds of people. Ms. Butler added that she sees a benefit of having staff that can work through some of that big data analytics and get into the finer grain of performance and how the service and product is operating on the street. Director Schisler noted the time frame around this job posting, being available not until the vote was taken and the referendum results were known. He inquired if Ms. Butler would have sought the job had the referendum failed. Ms. Butler responded that it makes it a much more exciting opportunity to know that there is this transformative change that can happen assuming litigation and everything goes according to how the organization wants it. She added that a transformation can make things happen much faster at a much quicker pace. Ms. Butler said money is not always the driving factor, and she still sees that as a very exciting time for the organization, and would love the opportunity to work at HART. Director Overman pointed out that it is critically important not only how one works with employees and measures the growth that HART anticipates, but also how to work with the public in terms of communication. She said there may be massive increases in the number of people the HART CEO would have to manage. Director Overman requested that Ms. Butler elaborate on her management style; the measurement in terms of increasing the workforce; and how Ms. Butler would incorporate that in the overall structure of the organization. Ms. Butler responded that HART’s budget is labor driven and it is also driven from the amount of service in the community. She said it will be important to work on how much service is delivered, the level of growth, and meeting staff’s needs. Ms. Butler stated that to be able to maintain the level of customer service and what people are providing on the front line is really to make sure that the bus drivers or maintenance technicians have a clear feel for the organization and the priorities. She explained that it can be done in any number of ways whether it is a meet and greet with the CEO or through the work of a supervisor who helps disseminate information to a mini-group of bus operators. Director Williams stated that she was a firm believer that good behaviors are to be reinforced. She said she would like to understand how Ms. Butler recognizes good work. Ms. Butler responded that, in her opinion, making people feel valued is critical in the workplace, so making sure people understand the value that they bring and making them feel rewarded for the work and job well done is important. She added that she liked a structure for rewards, such as software applications for awards; having the opportunity to gather, celebrate, and pat each other on the back.


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Director Williams inquired about the rewards and recognition program Ms. Butler currently has in place for her employees. She stated her belief that HART employees are the biggest advocates and advertisers; and she wanted to make sure HART has an intense focus on their ability to say good things and feel valued. Ms. Butler spoke about the “bucks box” program, when employees can collect points to use them towards rewards. She noted a social media type platform where she recognizes the employees, hand-written notes to the employees on their seniority date, and hand written thank you cards when they receive a commendation from the customer. Ms. Butler said one of the programs is when employees can recognize each other. Director Mechanik pointed out the need for extraordinary efforts for public outreach. He requested that Ms. Butler expand on what she sees her role as the CEO and provide examples of some successful endeavors she has used in the context of public outreach. Ms. Butler stated that she saw the public outreach in two parts, a broad ongoing public outreach relationship building with the community at all levels including the bus drivers and front line staff who talk to the community every single day, as well as a more project or program specific outreach. She indicated that she finds an open house format very helpful for the organization and for the community, where people can have a conversation with a staff member about what is being proposed in their specific neighborhood. Ms. Butler added that based on the feedback, people find that open house conversational format a lot more rewarding so they can get a better understanding of the plans. Director Knight indicated that Ms. Butler mentioned that with the union and administration changes, she would like to have listening tours with the operators and staff, to understand the needs and concerns of the employees. He requested that Ms. Butler expand on her ideas about HART facilities, and potentially other hubs, places where you can work on efficiency and do things better. Ms. Butler said the first interaction with employees is key and she would like it to be structured both formally and informally. She spoke about importance of keeping an engaged workforce so people feel accountable and excited about the work they are doing. Ms. Butler referenced the partnership with the University of Kentucky, the marketing program, outreach to the students, faculty and staff, and changing a fare structure. She touched upon the HART Operations and Maintenance facility site and how to allow for future growth, how to make that work with the community, and to be effective and cost-efficient with the service delivery. Director Smith requested that Ms. Butler expand on her policy and philosophy about communication with this Board. She said she would like to know about previous experience, as well as the plan to keep the HART Board members informed outside of the monthly Board meetings. Ms. Butler stated that, in her opinion, it is critical to be honest and transparent in communication. She added that nothing good happens if the Agency tries to dodge or shy away from things. Ms. Butler remarked that it is critical making sure that people respect the communication and trust what people are saying. She said from her experience, she found out that it is better to communicate early, communicate often, and make sure that people understand what it is


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happening. Ms. Butler said she would expect both formal meeting format, board packet, along with informal updates, and in person communications. She clarified that she would certainly want to know what works for the individual Board members, their styles and preferences. Director Kemp inquired why Ms. Butler believed she would be a good fit to lead HART at this time. Ms. Butler stated that right now, the pressure is on to move as quickly as possible as an organization given the constraints and litigation. She said that is something she felt particularly strong at. Ms. Butler added that HART’s experience feels very familiar to her previous experience. She said she felt strongly about her ability to find common ground between different parties and different people; and that is what is needed here at this time. Director Kemp noted that there has been a lot of discussion on the HART Board about Transit Oriented Development (TOD), bringing transit in the other vision together with land use. She inquired about Ms. Butler’s experience with regards to TOD. Ms. Butler responded that TOD would be structures that the transit agency builds and joint development that can bring in revenue. She spoke about importance of building environments where residential units and jobs are located. Ms. Butler added that it requires partnerships and working with the development community. Ms. Benjamin Limmer A full copy of the presentation is available upon request from the Clerk of the Board at [email protected]. Chair Miller stated that the tax revenue to appropriate and spend would not be in existence until at least January 2020. He asked how Mr. Limmer would manage the expectations of the Board, community, and HART staff assuming the budget is constrained with no to limited funds available. Mr. Limmer said it starts with internal and external communication, ensuring the vision is cohesive. He added that he would have frequent interaction and communication with the Board about the overall implementation and roll out of the new transit services in the near term as well as preparing for the longer-term high capacity transit projects. Director Melendez remarked that he has been on the HART Board for a while and has grown to appreciate the culture that currently exists. He inquired about Mr. Limmer’s approach to transforming the organization. Director Melendez asked if something as extreme as requiring all staff to reapply for their positions is in Mr. Limmer’s plans. Mr. Limmer said he learned from his experience with other agencies that it is important not to lose who you are throughout the transformation process and maintain humanity throughout that hyper growth period. He added that he intended to do a lot of listening, which is reflected in his 100-day, one-year plan, and five-year plan. Mr. Limmer stated that he would like to figure out what HART is doing well today, review the resources that helped it to be highly successful today, but also review how to expand roles and services throughout the county, ensuring there are the right people with the right focus going forward.



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Director Shanahan requested Mr. Limmer to expand on his capital project experience and the size of plans that he has managed in the prior locations. Mr. Limmer stated that currently, MARTA’s services are funded through one cent sales tax in two counties; and within the last five years, two sales tax referendums passed, which put together are about $10 billion over 40 years. He remarked that many near term projects, specifically bus services and facilities including bus shelters are out on the street today. Mr. Limmer indicated that each of those communities desire some type of high capacity transit solution, transit projects; and it is his purview of experience helping getting those projects off the ground; building consensus both inside and outside MARTA to propel programs for the voters. He related to his experience in Phoenix transit, with a $9 billion expansion program to build what was then a 60-mile light rail network. Mr. Limmer said he also had rapid expansion of express bus and local bus service to support the high rail projects, as well as a three-mile streetcar within the City of Tempe. He outlined his job functions that were to shepherd the projects through securing the capital grant through the federal government. Mr. Limmer described his earlier experience as a wonderful opportunity to work on the bus rapid transit project in Cleveland, which was the first significant expansion of transit in the city in a couple decades. He said his role there was focused on planning community engagement, and getting stakeholder buy-in on the critical transformation. Director Schisler asked about Mr. Limmer’s experience in developing KPIs, what important key metric he would like to see that would help HART to understand what is going on with the system and how to improve it. Mr. Limmer responded that MARTA is the 8th largest transit system in the United States; where he oversees six offices, one of those is the office of research and analysis. He explained that their job is to collect ridership data, on-time performance, safety, both internally and directly from the customers; and do quarterly updates to know about the sustainability of the transit agency. Mr. Limmer stated that he is a big data-oriented and statistics type leader whether it is managing the planning development program in Phoenix or Cleveland transit agencies. He indicated that he would be looking at ridership patterns and all new players in the mobility field; digging deep into the data to find out what is going on. Director Schisler noted the time frame around this job posting, being available not until the vote was taken and the referendum results were known. He inquired if Mr. Limmer would have sought the job had the referendum failed. Mr. Limmer commented that he has been watching with intent the sales tax referendum program happening in Hillsborough County, analyzing both the plans that were on the table as well as the overall media coverage. He said the tax did pass; and HART was charged with implementing multiple services over several decades, which certainly peaked his interest. Mr. Limmer pointed out that this development is very much aligned with his background, since he has worked on the expansion programs throughout his career, he thought it was a fantastic fit for him. Director Knight shared that during the one-on-one interview, they talked about management, personnel, and operators; and Mr. Limmer indicated that he would be open to staff negotiations and expansion. He asked Mr. Limmer to expand on the experience with various transportation modes and coordination.


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Mr. Limmer spoke about his experience in other transit agencies that were expanding rapidly and building out to align with current and projected population and employment patterns going forward. He mentioned the sub-regional operations and maintenance facility as well as the overall development of an operations and maintenance facility for the light rail system that was built with the intent to have the capacity to service about half of 60 miles. Mr. Limmer said that one of the MARTA garages is reaching the end of its useful life, and with the passage of the Clayton County sales tax staff is looking at an opportunity to open up operations maintenance facility in North Clayton County and decommission the garage that is reaching the end of its useful life. He added that a county northeast of MARTA’s current service area is to join the Agency, and staff is looking at opening an operations maintenance facility there. Mr. Limmer stated that facilities are a critical component of providing new bus service expanded by service area, and that includes working with the local communities to attract, recruit, and retain the specialized bus operators, rail operators, mechanics, and other supervisory staff as well to help support the new services. Director Williams inquired about Mr. Limmer’s three measures of success that the HART Board would be able to validate within the first 100 days. Mr. Limmer commented that he outlined HART’s transformation into the future in his video interview. He stated that the key to success is exceptional fiscal discipline, both with the current resources and resources that HART projects to receive over time. Mr. Limmer added that the next component is to create an overall employer of choice program, where everyone is proud to work at HART with the surrounding environment that creates a positive culture and the culture of excellence. He said the last component is operational excellence, making sure that all services are safe, clean, well maintained, on time, and that the customers can rely on to get to places to live, work, and play throughout the county. Director Kemp indicated that HART has started the TOD Ad Hoc Committee as the land use and transit working together are of concern. She inquired what Mr. Limmer would bring to the table and his thoughts in terms of TOD. Mr. Limmer stated that TOD is hugely critical. He commented that he started his career in Cleveland RTA in TOD , his job launched the TOD program there, looking at the existing assets and development opportunities for the future. Mr. Limmer added that he also worked closely with all jurisdictions to create transit supportive land use policies, economic incentive ideas and programs. He mentioned he did something very similar in Arizona, with the brand-new light rail system, a proactive land use planning to ensure the Agency was thinking on the curbs to create a surrounding environment to where transit can be successful. Mr. Limmer indicated that Phoenix is historically an automobile-centric city, as is Atlanta, so those land use planning development were hugely critical to success. He said that a lot of retrofitting MARTA’s land assets surrounded the heavy rail systems, many of those were underutilized park and ride lots. Mr. Limmer stated that MARTA is a significant land holder in the three counties that it serves, so the revamped TOD program was for mixed use and/or office development projects on the Agency’s land. He added that staff now is entertaining a couple of additional opportunities to further develop and enhance the land use surrounding the stations. Mr. Limmer said transit agencies now and in the future need to work very closely with jurisdictions, neighborhoods and stakeholders to make sure the asset of the transit operation is being maximized by partnering with surrounding land use development opportunities.


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Director Mechanik remarked that with the passing of the referendum public outreach is going to be critical. He asked Mr. Limmer to comment both on what he sees as his role in the community outreach arena and what experiences he had that he would bring to Tampa. Mr. Limmer said from his experiences to date, the keys to success expansion programs and providing efficient, well-run services is engaging with the community on an on-going basis. He provided an example of MARTA, where staff frequently reviews the existing transit services, including facilities and bus stops, with the community in public hearings. Mr. Limmer pointed out importance of frequent communication with the community and stakeholders while developing sales tax programs, to ensure community buy-in. He stated that it would be a critical component to maintain for HART’s next CEO, its senior management team, and the team responsible for expanding bus service throughout Hillsborough County. Mr. Limmer added that it helps to ensure that HART is present at all tables and that HART is rolling out plans for the future that align for the community and customers’ desires. Director Overman requested Mr. Limmer to speak about his relationship with the workforce as well as the unions at his current location and what he would do to enhance or improve that relationship. Mr. Limmer responded that he was a situational leader. He remarked that he believed in building a successful team not only at the senior management level, ensuring they have the resources and clear individual goals as well as the vision and mission of the organization going forward. Mr. Limmer said he had the experience with different types of transit agencies across the country and can be hands on when wanted, can lead by example, and can delegate very well. He stated that it all comes down to the team that you build, providing leadership, and empowering them to lead individual efforts as well as for the overall benefit of the organization. Mr. Limmer said he was a collaborator and listened first. He noted that there are times when one has to make decisions that do not allow enough time to collaborate. He added that throughout his 100-day plan, a major component is to do a lot of listening and engage staff to figure out the things they should keep doing, start doing, or stop doing. Director Smith remarked that during the one-on-one interview, they did not have an opportunity to talk much about a range of transit options that could be used to help HART cover this huge county with diverse communities with different needs. She said Mr. Limmer mentioned expanding into circulators and vanpools. Director Smith requested that Mr. Limmer expand on how such a range of transit options might help HART in this county. Mr. Limmer stated that he believed in researching what the needs are and finding the appropriate transit solution to meet those needs. He added that it could be bus service, rail, or partnerships with other entities such as ride sharing companies. Mr. Limmer said the key is to create a total mobility network to ensure citizens throughout the county have access to HART services to get them to their destinations. He indicated that his experience throughout his career has involved implementing different types of transit services to serve specific needs. Mr. Limmer remarked that in 2016 MARTA did a comprehensive bus assessment and redesign; and the key recommendations from that study are to make routes more efficient, serve more people, but also ensuring that not every bus serves the same purpose. He said the critical components are providing


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connections to residents and businesses that currently do not have access; and often sending a large bus to serve lower density areas is not a solution. Director Suarez noted that the Super Bowl will be held in Atlanta that Sunday. He inquired about Mr. Limmer’s role in preparing for MARTA operations during the event. Director Suarez also inquired about the composition of the MARTA Board, which is very similar to HART’s make up, and Mr. Limmer’s level of interaction with the Board members. Mr. Limmer said his first job with the Super Bowl is to get to the airport as quickly as possible this afternoon, because he will be working at the operations center. He mentioned MARTA had both an internal Super Bowl Planning Committee; and members of his team are responsible for the safety and security of MARTA services, bus rerouting, coordination, communications, and marketing. Mr. Limmer remarked that MARTA staff coordinated with stakeholders throughout the service area to ensure they all knew they could rely on MARTA throughout the week. He shared that his specific role is to serve on the External Super Bowl Planning Committee; and he was embedded into the transportation and logistics group. Mr. Limmer said that a week after the previous Super Bowl ended in Minneapolis, Atlanta started preparations for the event this year. He added that his role was on the executive team, at the emergency operations center throughout the weekend. Mr. Limmer confirmed that the structure of the MARTA Board of Directors is very similar to the HART Board; although the Board members are generally appointed by member jurisdiction, and currently there are no elected officials serving on the Board. He explained that he currently works with the Board members on many executive strategies, and strategic plans. Mr. Limmer added that he was the Chair of the Planning and External Relations Committee. Director Knight inquired if Mr. Limmer will be supporting diversity. Mr. Limmer commented on importance of aligning with diverse customers and the residents of the county. He said he was a huge proponent of having a very diverse workforce; and his track record throughout his career reflects that. Mr. Limmer stated that he was very active in the Council Of Minority Transportation Officials (COMTO), and attended their event in Tampa last week. He added that he has also been active in the Women in Transportation Seminar (WTS) for several years; and last year he was very fortunate to be named the man of the year for the WTS Atlanta Chapter. Mr. Limmer remarked that this is a reflection of his commitment of ensuring diversity throughout his own organization. He said he was very proud of what he has done in his career to date and was looking forward to maintaining that as HART’s next leader. Board Deliberations, Vote, and Next Steps Director Kemp remarked that HART has two impressive candidates. She indicated that, in her opinion, Mr. Limmer is everything she would have ever wanted or imagined in someone to bring HART forward. Director Kemp commented on Mr. Limmer’s depth of diverse experience managing people and budgets, and interacting with the community. She said that Mr. Limmer was an excellent candidate and she will be supporting him. Director Mechanik echoed the comments.


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Director Shanahan made a motion seconded by Director Williams to elect Mr. Limmer as HART’s CEO and direct the HART General Counsel to start negotiating an employment contract with Mr. Limmer. All Board members present voted aye. The motion carried unanimously. Director Suarez commended Mr. Moser on working with the HART Board of Directors searching for the qualified candidates and asked that Mr. Moser relay to Ms. Butler that she was a very impressive candidate. Director Melendez also requested that Mr. Moser relay to Ms. Butler that she was a very competitive candidate. Director Williams stated that the Special Board meeting last week and the level of detail the Board members received at the meeting were instrumental moving forward today. She noted that the Board members had lots of questions and concerns, but at the end of the day, Mr. Moser cleared their minds and gave the Board members the opportunity to move forward with specific details, the reality of results and the metrics across the board and trends happening in other areas. She thanked Mr. Moser. Mr. Moser said it was pleasure working with the HART Board throughout the process. INTERIM CHIEF EXECUTIVE OFFICER’S REPORT Mr. Seward had no report. CHAIR’S REPORT Chair Miller had no report. GENERAL COUNSEL’S REPORT Mr. Smith had no report. REPORTS FROM HART BOARD REPRESENTATIVES Chair Miller referred the Board members to the materials in the packet. REPORTS FROM HART BOARD REPRESENTATIVES Chair Miller referred the Board members to the materials in the packet. STATUS REPORTS Chair Miller referred the Board members to the materials in the packet. PUBLIC INPUT REGARDING GENERAL CONCERNS Mr. Glenn Eich commented that there was questions around the funding constraints until January of 2020 and public outreach. He noted that there are organizations in Hillsborough County that will be more than happy to help HART with public outreach and do it for nothing. Director Shanahan left at 11:32 a.m.


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OLD BUSINESS There was no old business. NEW BUSINESS Chair Miller reminded the Board members that the regular HART Board meeting on March 4th occurs in the morning of the Strawberry Festival parade and this presents scheduling conflict for the Commissioners. He suggested changing the start time of the meeting to 8:00 a.m. There were no objections from the Board members. HART MONTHLY INFORMATION REPORTS Chair Miller referred the Board members to the materials in the packet. ADJOURNMENT The meeting adjourned at 11:33 a.m. ATTEST Commissioner Lesley “Les” Miller, Chairperson HART Board of Directors Councilmember Mike Suarez, Secretary HART Board of Directors



NAME*

Danielle Arthur Employee 6517Lena Petit Employee 6552

Lillybeth Salas EmployeeScott Drainville Employee 4506Ivan Maldonado Employee 6423Gregory Brackin Employee 6414Sylvia Berrien Employee 6625

Katina Kavouklis FDOT On FileGary Cloyd Transit Advocate on file

vanessa brooks employee on fileColin Mulloy HART 6322cyndy stiglich hart 6583Joan Brown HART 6580

REGULAR BOARD OF DIRECTORS MEETING

1, 2019FEBRUARY

NAME

Joanne Caceres HART 4155Lisa Barco HART 6587

Sandra Morrison HART 6610Lynda Crescentini HART

Brandie Miklus HNTBDave Newell FDOTDave Sobush Tampa Bay PartnershipLillybeth Salas HART 4547

PUBLIC COMMENT

WHEN ADDRESSING THE BOARD, please state your name


COMMENT ON AGENDA

ITEM


FEBRUARY 1, 2019

Glen Eich [email protected] ✔ 4dDustin Lemke [email protected] ✔ 4bChris Gleason [email protected] ✔ 4cchristina barker [email protected] ✔

PUBLIC COMMENT

NAME GENERAL COMMENT

COMMENT ON AGENDA

ITEM


FEBRUARY 1, 2019

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BOARD COMMITTEE TRANSMITTAL

TO: MEMBERS OF THE HART BOARD FROM: LENA PETIT, CLERK OF THE BOARD DATE: FEBRUARY 18, 2019 RE: Resolution #R2019-03-05 ~ Authorizing the Interim Chief Executive Officer to

Execute a Research and Technical Assistance Master Agreement between HART and the University of South Florida Board of Trustees

Finance and Audit Committee Meeting of February 18, 2019 Committee Members Present: Chair Rich McClain, Vice Chair Harden, Directors C.

John Melendez, Schisler, Kemp, Knight, Suarez, and Williams

Committee Member Absent: Director Mechanik Committee Recommendation: The Committee reviewed this action item and voted unanimously to advance it to the full HART Board of Directors at the March 4, 2019 regular Board meeting. . Attachments: I. Resolution #R2019-03-05 II. Committee Agenda Report III. Research and Technical Assistance Master Agreement

ATTACHMENT I

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RESOLUTION NO. #R2019-03-05 AUTHORIZATION FOR THE INTERIM CHIEF EXECUTIVE OFFICER TO EXECUTE A RESEARCH AND TECHNICAL ASSISTANCE MASTER AGREEMENT BETWEEN HART AND THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES

WHEREAS, HART is seeking to develop a Master agreement with the Center of Urban Transportation (CUTR) at the University of South Florida for research and technical assistance with HART projects; and

WHEREAS, CUTR and HART have maintained a long-lasting partnership in which HART has greatly benefited from this local, internationally recognized research institution; and WHEREAS, Funding for the contract will be on a Work Order Basis, and will not exceed $25,000 per Work Order and $300,000 total for all Work Orders during the term of the agreement;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY THAT:

Section 1. The Interim Chief Executive Officer is authorized to execute a Research and Technical Assistance Master Agreement between HART and the University of South Florida Board of Trustees.

Section 2. Proper officers of the Hillsborough Transit Authority are authorized to do

all things necessary and required in order to implement the terms of the aforementioned agreement.

Section 3. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY ON MARCH 4, 2019. Commissioner Lesley “Les” Miller, Chairperson ATTEST: HART Board of Directors Councilmember Mike Suarez, Secretary HART Board of Directors


ATTACHMENT II Hillsborough Transit Authority

Finance and Audit Committee Meeting February 18, 2019

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COMMITTEE ACTION ITEM Authorization for the Interim Chief Executive Officer to Execute a Research and Technical Assistance Master Agreement between HART and The University of South Florida Board of Trustees OVERVIEW HART is seeking to develop a Master agreement with the Center for Urban Transportation Research (CUTR) at the University of South Florida for research and technical assistance with HART projects. RECOMMENDATION That the Finance and Audit Committee review the action item authorizing the Interim Chief Executive Officer to execute a Research and Technical Assistance Master Agreement between HART and the University of South Florida Board of Trustees; and advance this item to the full HART Board of Directors at the March 4, 2019 regular Board meeting. FINANCIAL IMPACT Funding for this contract will be on a Work Order basis. The hourly rate specific to each Work Order will be specified upon issuance of each hourly rate structured Work Order and will not exceed $25,000 per Work Order and $300,000 total for all Work Orders during the term of the agreement. BACKGROUND CUTR and HART have maintained a long-lasting partnership in which HART has greatly benefited from this local, internationally recognized research institution. CUTR provides expertise in technical assistance for a long list of relevant transit related fields including, architecture, business, civil and environmental engineering, funding and financing, land use and urban design, mobility solutions, planning, project development, public engagement technology advancements, and geographic information systems. It is these fields of expertise that HART seeks to leverage in garnering technical and research assistance through a Master agreement. NEXT STEPS Present the recommendation by the Finance and Audit Committee to the full HART Board of Directors at the March 4, 2018 regular Board meeting. Upon the Board’s approval, execute the contract with the University of South Florida Board of Trustees.

Prepared by: Christopher Cochran, Director of Service Development Reviewed by: Ruthie Reyes Burckard, Chief Operating Officer

Approved by: Jeffery Seward, Interim Chief Executive Officer

ATTACHMENT III

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TO: MEMBERS OF THE HART BOARD FROM: LENA PETIT, CLERK OF THE BOARD DATE: FEBRUARY 18, 2019 RE: Resolution #R2019-03-06 ~ Approval of Revisions to HART Board Policies -

400: Employment Policies, 430: Substance Abuse Program Policy Finance and Audit Committee Meeting of February 18, 2019 Committee Members Present: Chair Rich McClain, Vice Chair Harden, Directors C.


Committee Member Absent: Director Mechanik Committee Recommendation: The Committee reviewed this action item and voted unanimously to advance it to the full HART Board of Directors at the March 4, 2019 regular Board meeting. Attachments: I. Resolution #R2019-03-06 II. Committee Agenda Report

ATTACHMENT I

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RESOLUTION NO. #R2019-03-06 A RESOLUTION OF THE HILLSBOROUGH TRANSIT AUTHORITY (HART) FOR APPROVAL OF REVISIONS TO HART BOARD POLICIES: 400: EMPLOYMENT POLICIES, 430: SUBSTANCE ABUSE PROGRAM POLICY

WHEREAS, HART has determined a need to update Board policies to reflect current practices and meet operational and legal requirements; and

WHEREAS, the Finance and Audit Committee held a meeting on February 18, 2019, reviewed, and advanced the revisions to HART Board Policies to the HART Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY THAT:

Section 1. The revisions to HART Policies provided in Exhibit A are hereby adopted.

Section 2. HART Policy Manual shall be revised accordingly to reflect the revisions. Section 3. The revisions to HART Policy Manual will take effect on March 4, 2019.

Section 4. Proper officers of the Hillsborough Transit Authority are authorized to do

all things necessary and required in order to implement the revisions to the policy manual.

Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY ON MARCH 4, 2019. Commissioner Lesley “Les” Miller, Chairperson ATTEST: HART Board of Directors Councilmember Mike Suarez, Secretary HART Board of Directors


Exhibit A - 400: Employment Policies - 430: Substance Abuse Program Policy



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COMMITTEE ACTION ITEM Approval of Revisions to HART Board Policies - 400: Employment Policies, 430: Substance Abuse Program Policy OVERVIEW These revisions are intended to update policies to reflect current practices and meet operational and legal requirements. RECOMMENDATION That the Finance and Audit Committee review the action item recommending approval of revisions to HART Board Policies - 400: Employment Policies, 430: Substance Abuse Program Policy; and advance this item to the full HART Board of Directors at the March 4, 2019 regular Board meeting. FINANCIAL IMPACT None. BACKGROUND Per HART Board Policy 320.01: Procedure for Amendment of Policies, the Board may from time to time amend these Policies or other procedures. The amendment process shall be initiated by an affirmative vote of the Board of Directors. At the June 4 regular Board meeting, the Board of Directors unanimously passed the motion by Directors Kemp/Murman to initiate the HART Board Policies amendment process. Clerk of the Board established an amendment development, review and adoption schedule. HART General Counsel and Staff worked in concert to conduct a comprehensive review of the current HART Board Policies to bring them in compliance with current laws and regulations as well as to reflect the current practices and processes ion place. Below is the summary of the proposed revisions to the HART Board Policies:

HART Board Policy Section Proposed Revisions

400 Employment Policies 430 Substance Abuse Program Policy

430.01 III. Update to safety-sensitive positions within HART.

430.02 XVI (a) Correct grammar.

430.02 XXVI: Alcohol Use and Breath Alcohol Testing: Change in level of alcohol concentration.

430.02 XXVIII: System Contacts. Update contact information for Drug



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and Alcohol Program Manager or Designated Employer Representative. Addition of a reference to the USDOT and FTA regulations, as well as informational material related to this testing program.

NEXT STEPS Present recommendation by the Finance and Audit Committee to the full HART Board of Directors at the March 4, 2019 regular Board meeting.

Prepared by: Lena Petit, Director of Board Relations Reviewed by: David L. Smith, HART General Counsel


HILLSBOROUGH TRANSIT AUTHORITY POLICY MANUAL

400: EMPLOYMENT POLICIES 430: SUBSTANCE ABUSE PROGRAM POLICY

430.01 DRUG AND ALCOHOL-FREE WORKPLACE POLICY

HART Clerk:

Policy Statement

Hillsborough Transit Authority (HART) is dedicated to providing safe and dependable transportation services to the public and maintaining a drug and alcohol free workplace for its employees. With both employee and public safety as its priority, HART has adopted a Drug and Alcohol Free Workplace Policy:

• To assure that employees are not impaired in their ability to perform assigned duties in asafe, productive and healthy manner;

• To create a workplace environment free from adverse effects of drug and alcohol abuse ormisuse;

• To prohibit the unlawful manufacture, distribution, dispensation, possession or use ofcontrolled substances in the workplace;

• To encourage employees to seek professional assistance any time personal problems,including alcohol or drug dependency, adversely affect their ability to perform theirassigned duties.

HART’s Drug and Alcohol Free Workplace Policy applies to all safety-sensitive employees of HART in accordance with the identified federal regulations and to non-safety sensitive and safety-sensitive employees in accordance with the identified state law. Employees must abide by the Policy as a condition of employment.

Employment of any employee is contingent upon and subject to such employee passing a pre-employment drug and alcohol test. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify the Designated Employer Representative no later than five days after such conviction. HART complies with all federal drug-free and alcohol-free workplace statutes and regulations as well as FTA regulations of anti-drug and anti-alcohol programs in the mass transit industry and applicable state law.

Any questions regarding the contents of this policy or other matters relating to HART’s anti-drug program and policies on the misuse of alcohol should be direct to the following:

Drug and Alcohol Program Manager or Designee HART

4305 E. 21st Ave., Tampa, FL 33605 (813) 384-6404

HART maintains a third party Employee Assistance Program. Contact information is available at HART’s Human Resource Office and HART’s website @ www.gohart.org

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EXHIBIT A

http://www.gohart.org/



430.01 DRUG AND ALCOHOL-FREE WORKPLACE POLICY (cont’d)

HART Clerk:

I. Drug and Alcohol Free Awareness Program

HART’s Board of Directors has established and formally adopted the following Drug and Alcohol Free Awareness Program in an effort to inform and educate employees in understanding the consequences of drug and alcohol misuse and abuse. It is HART’s intention to use this program in an on-going effort to prevent and eliminate drug and alcohol abuse that may affect the health and safety of our employees. This policy will be updated regularly by HART’s Drug and Alcohol Program Manager in conjunction with General Counsel, to reflect any changes in federal and state law. HART’s Board will annually certify compliance to the FTA that the requirements of 49 CFR 40 and 655 are being met by HART, including training and reporting. 49 CFR 655.14 and 655.72. Hereinafter 49 CFR will be omitted and referred to as 655 or 40, with the subsection designation following thereafter and Florida Statues will be omitted and referred to as 440.101, 440.102 and 112.045. Any change in applicable law and regulations is automatically incorporated herein.

The Drug and Alcohol Free Awareness Program will inform employees about:

(a) the dangers of drug and alcohol abuse in the workplace;

(b) HART’s rules regarding use of alcohol and drugs;

(c) the availability of drug and alcohol treatment, counseling and rehabilitation programs;

(d) random drug and alcohol testing of safety-sensitive employees; and

(e) the penalties that may be imposed upon employees for drug and alcohol abuse violations.

As a recipient of federal funds, HART is required under federal law to include certain key elements to this policy. Those elements mandated by the Federal Transit Administration appear here in bold print and often include a numerical reference citation to the applicable federal regulation. Policies mandated under state law will include the applicable statutory reference and any policy provision not mandated by federal or state requirements will include no reference to any law or regulation. 655.82(a) and 655.8.3(c)

All applicants applying for, and all employees performing, safety-sensitive functions are subject to federally mandated provisions as identified in this policy and to the provisions of this policy not based upon, and not in conflict with, federal law. As part of HART’s Drug and Alcohol Free Awareness Program, HART shall display and distribute to all employees, the following: HART’s drug and alcohol free policies and procedures, and informational material and community service hotline telephone numbers for employee assistance. 655.16. In addition, HART shall provide employees with educational materials that explain the requirements of the FTA regulations and HART’s policies and procedures with respect to meeting those

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HART Clerk:

requirements, including information concerning the effects of drug abuse and the misuse of alcohol on an individual’s health, work and personal life, signs and symptoms of a drug or alcohol problem, and available methods of intervening when a drug or alcohol problem (the employee’s or a co-worker’s) is suspected, including confrontation, referral to the Employee Assistance Program and/or referral to management. 655.14(a)

In accordance with the provisions of 49 CFR Part 655, employees shall receive at least sixty (60) minutes of training on the effects and consequences of prohibited drug use on personalhealth, safety and the work environment, and on the signs and symptoms which may indicateprohibited drug use. In addition, supervisors who may be asked to determine whetherreasonable suspicion exists to require employees to undergo drug and/or alcohol testing shallreceive at least sixty (60) minutes of training on the physical, behavioral and performanceindicators of probable drug use, and sixty (60) minutes of training on the physical,behavioral, speech and performance indicators of probable alcohol misuse (655.14(b))(644.14(2)).

II. Use of Alcohol

The following rules and restrictions regarding the use of alcohol apply to all safety-sensitive and non-safety sensitive HART employees and applicants for positions, which include safety sensitive functions. These restrictions apply to all employees while on duty, on call, on HART property – which includes private vehicles while parked on HART property and company vehicles at any time, on breaks, between shifts and at lunch if the employee is scheduled to work or may be assigned to work thereafter on the same day:

(a) no safety sensitive or non-safety sensitive employee shall report for duty while having analcohol concentration of 0.04 or greater. 655.42 (e) and F.S. 440.101

(b) use of alcohol by a safety sensitive or non-safety sensitive employee, while on duty orwhen otherwise on HART property which includes use within private vehicles parked onHART property or use within any HART vehicle, at any time, is strictly prohibited. 655.32and F.S. 440.101 use of alcohol by a safety sensitive or non-safety sensitive employeewithin 4 hours of reporting for duty is strictly prohibited 655.33(a) and F.S. 440.101

(c) use of alcohol by a safety sensitive or non-safety sensitive employee while on call isstrictly prohibited. Any employee who is called in to report to duty and has used alcoholmust advise his/her immediate supervisor that he/she has consumed alcohol within theprohibited time frame 655.33(b) and F.S. 440.101

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HART Clerk:

(d) all HART safety sensitive and non-safety sensitive employees are subject to and mustsubmit to all authorized alcohol testing 655.42 and F.S. 440.101

III. Prohibited Substances/Unauthorized items/Arrests & Convictions

Prohibited Substances: Alcoholic beverages and drugs are prohibited in the workplace. Use of the drugs listed below is always illegal. For purposes of this policy, the term “drugs” includes marijuana, cocaine, opioids, amphetamines, phencyclidine (PCP) (653.21), barbiturates, benzodiazepine, methadone, methaqualone, or a metabolite of any of the substances listed herein as well as prescription drugs, except those authorized by and used in accordance with the directions of the employee’s physician. 440.102(1)(c).

Prohibited Substances Under Federal Guidelines:

Safety-sensitive employees covered under federal regulations are subject to testing for the following drugs and their metabolites: marijuana, cocaine, opioids, amphetamines and phencyclidine (PCP). 655.21, and 40.3 “Drugs”

Unauthorized items on premises:

Employees on duty may not have alcoholic beverage containers or drug paraphernalia (as defined in section 893.145 Florida Statues) in their possession or otherwise transport any such item onto HART premises for any reason. Employees found to be in possession of such unauthorized items shall be issued disciplinary action up to and including dismissal.

Arrests & Convictions: Employees are required to report an arrest and conviction for any violation involving alcohol or prohibited substances to the Drug and Alcohol Program Manager within five (5) working days of said arrest and conviction.

Employees who fail to report an arrest or who are convicted of any such violation shall be subject to disciplinary action up to and including dismissal in accordance with the violation. 440.102(7)(d).

Specific Authority: 120.52(1)(b); 163.568(2)(k)

Law Implemented: 112.0455 F.S.; F.S. 440.102 et al.; Title V of the Department of Transportation and Related Agencies Appropriations Act of 1992, Pub. L. 102-143, 105 STAT. 917 (1991)

EFFECTIVE DATE FOR REVISION: 03/04/2019

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430.02 SUBSTANCE ABUSE PROGRAM POLICY

HART Clerk:

Policy Statement

Hillsborough Transit Authority aka HART is dedicated to providing safe, dependable, and economical transportation services to its patrons. HART employees are a valuable resource and it is also our goal to provide a safe, healthy and satisfying working environment for our employees. In meeting these goals, it is our policy to:

(1) Assure that employees are not impaired in their ability to perform assigned duties in a safe,productive, and healthy manner;

(2) Create a workplace environment free from the adverse effects of drug and alcohol abuse ormisuse;

(3) Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlledsubstances;

(4) Encourage employees to seek professional assistance when substance abuse adversely affectstheir ability to perform their assigned duties.

This Substance Abuse Policy implements a drug and alcohol testing program for all employees. Each employee shall be provided a signed copy of the adopted policy. Policy items implemented under the authority of Hillsborough Transit Authority (HART) are italicized throughout this policy. All other policy items are implemented under the authority of the United States Department of Transportation (US DOT) and/or the Federal Transit Administration (FTA).

Per HART authority, violation of this substance abuse policy will result in termination of employment and/or exclusion from hire.

This policy is approved by the HART Board of Directors and is effective on_____________________.

Name: ________________________________

Title: _________________________________

Signature: _________________________ Date: _________________

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430.02 SUBSTANCE ABUSE PROGRAM POLICY (cont’d)

HART Clerk:

TABLE OF CONTENTS

I. BackgroundII. PurposeIII. Covered EmployeesIV. Prohibited SubstancesV. Prescription and Over the Counter MedicationsVI. Employee ProtectionsVII. Employee Responsibility to Notify HART of Criminal Drug ConvictionVIII. Employee TrainingIX. Pre-employment Drug and Alcohol Background ChecksX. Pre-employment TestingXI. Random TestingXII. Reasonable Suspicion TestingXIII. Post-Accident TestingXIV. DisciplineXV. Refusal to Submit to DOT Required Drug TestingXVI. Voluntary RehabilitationXVII. Positive Confirmed Drug or Alcohol Test ResultXVIII. Observed CollectionsXIX. Specimen AnalysisXX. Dilute ResultsXXI. Medical Review Officer’s Role and ResponsibilitiesXXII. Verified Positive ResultsXXIII. Cancelled/Invalid TestsXXIV. Split Specimen TestingXXV. AlcoholXXVI. Alcohol Use and Breath Alcohol Testing ProcessXXVII. Refusal to Submit to DOT Required Alcohol TestingXXVIII. System Contacts and Substance Abuse Assistance Resources

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HART Clerk:

I. Background

Pursuant to the Omnibus Transportation Employee Testing Act of 1991, the Federal Transit Administration (FTA) published regulations prohibiting drug use and alcohol misuse by transit employees and required transit agencies to test for prohibited drug use and alcohol misuse.

49 Code of Federal Regulations Part 655, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations" mandates urine drug testing and breath alcohol testing for all employees in safety-sensitive positions. These regulations prohibit the performance of safety-sensitive functions when there is a positive drug or positive alcohol test result or an employee refuses to submit to DOT required drug or alcohol testing.

In addition, the U.S. Department of Transportation (DOT) has issued 49 CFR Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" to provide uniform procedures and standards for conducting drug and alcohol testing programs. The drug and alcohol testing program of HART will be conducted in accordance with 49 CFR Parts 40 and 655, as amended. Employees may request copies of the applicable regulations by contacting HART designated employer representative listed in Section 25 of this policy.

II. Purpose

This policy is established to comply with FTA drug and alcohol testing requirements to ensure employee fitness for duty, and to protect our employees, passengers, and the general public from the risks posed by the use of alcohol and prohibited drugs. This policy is also intended to comply with and incorporate 49 CFR Part 32, The Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA, including the reporting of employees convicted of criminal drug offenses that occur in the workplace.

III. Covered Employees

This policy applies to all safety-sensitive and non-safety sensitive transit system employees as identified and described herein. Paid part-time employees and contractors, when performing duties, are also covered by this policy when performing any HART related business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Additionally, this policy applies to volunteers who perform safety sensitive duties who are required to hold a Commercial Driver’s License, or who receive remuneration in excess of his or her actual expenses incurred while engaging in the volunteer activity. This written policy shall be distributed to all employees and applicable volunteers in safety-sensitive positions. Adherence to this policy

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and its provisions are a condition of employment in a safety sensitive position; per 49 CFR Part 655.

Safety-Sensitive Employees and Applicants for Safety-Sensitive Positions covered by this Policy include those who:

1. Operate a revenue service vehicle, including when not in revenue service

2. Operate a non-revenue service vehicle when such is required to be operated by a holder ofa commercial driver’s license

3. Control the movement/dispatch of a revenue service vehicle

4. Perform maintenance on a revenue service vehicle or equipment used in revenue service

5. Carry a firearm for security purposes

6. May perform any of the above safety sensitive functions in a supervisory or training role.

This policy is applicable to the following safety-sensitive positions within HART

All bus, van, flex operators Transit Supervisors and Dispatchers Operations Controller Bus Transportation Manager Van/Flex Transportation Manager Maintenance Supervisors Service Attendants Mechanics Communication & Electronics Technicians Paint & Body Technicians Maintenance Training Instructor Fleet Service Supervisor Manager of Fleet Maintenance Transitway Supervisor Safety and Security Analyst Training Specialist Streetcar Operators Streetcar Mechanics Streetcar Service Attendants Streetcar Maintenance Supervisor

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Manager of Safety and Security Manager of Transit Supervision Manager of Dispatch Control

IV. Prohibited Substances

In accordance with US DOT 49 CFR Parts 655 and 40, the following are prohibited substances:

• Cocaine

• Opioids

• Phencyclidine (PCP)

• Cannabinoids (Marijuana)

• Amphetamines (includes methamphetamine and MDMA- Ecstasy)

• Alcohol Misuse as defined in Section 23, below.

V. Prescription and Over the Counter Medications

The appropriate use of legally prescribed drugs and non-prescription medications are not prohibited. A legally prescribed drug means a prescription or other written approval from a physician for the use of a drug by an individual in the course of medical treatment. However, the use of any substance which carries a warning label that indicates mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice must be sought, before performing safety sensitive duties.

The misuse or abuse of legally prescribed drugs is prohibited; this includes the use of medication that is prescribed to another individual as well as illegally obtained prescription drugs.

HART strongly encourages employees to inform their prescribing physician of the safety-sensitive job functions that they perform, in order to ensure that appropriate medications are prescribed.

VI. Employee Protections

The procedures that will be used to test for the presence of prohibited substances or misuse of alcohol shall be such that they protect the employee’s privacy, the validity of the testing process and the confidentiality of the test results.

All urine drug testing and breath alcohol testing will be conducted in accordance with applicable with 49 CFR Part 40, as amended. All urine specimen collections, analysis and reporting of results shall to be in accordance with 49 CFR Part 40, as amended.

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Drug and alcohol testing shall be conducted in a manner that will ensure the highest degree of accuracy and reliability using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services (HHS).

Alcohol initial screening tests will be conducted using a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing Device (EBT) or non-evidential alcohol screening device that has been approved by NHTSA. Confirmatory tests for alcohol concentration will be conducted utilizing a NHTSA approved EBT.

1. Except as required by law or expressly authorized in this section, HART shall not releaseemployee information that is contained in records maintained per 49 CFR Part 655.73.

2. An employee may, upon written request, obtain copies of any records pertaining to theemployee’s use of alcohol or controlled substances, including any records pertaining to hisor her alcohol or controlled substances tests.

3. HART shall release information regarding an employee’s records as directed, by thespecific written consent of the employee authorizing release of the information to anidentified person. Release of such information is permitted only in accordance with theterms of the employee’s consent.

4. Records pertaining to a Substance Abuse Professional’s evaluation, treatment and followup testing results shall be made available to a subsequent DOT employer upon receipt ofwritten consent from an employee.

VII. Employee Responsibility to Notify HART of Criminal Drug Conviction

It is a violation of this policy for any employee to fail to immediately notify HART of any criminal drug statute conviction, or a finding of guilt whether or not adjudication is withheld, or the entry into a diversionary program in lieu of prosecution. Violating employee shall be immediately removed from safety sensitive duties.


VIII. Employee Training

Safety-sensitive employees will receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use.

Supervisors who make reasonable suspicion determinations shall receive at least 60 minutes of

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training on the physical, behavioral and performance indicators of probable drug use and 60 minutes on the physical, behavioral and performance indicators of probable alcohol use.

IX. Pre-employment Drug and Alcohol Background Checks

In compliance with 49 CFR Part 40.25, HART must make a good faith effort to obtain drug and alcohol testing records from prior DOT covered employer(s) for the previous two years for all applicants seeking safety-sensitive positions and all current employees transferring into a safety-sensitive position. HART will require each applicant/transferee to a safety-sensitive position to complete a written consent that allows the release of drug and alcohol testing information from previous DOT covered employers to HART. An applicant/transferee who refuses to provide written consent will not be permitted to perform safety-sensitive functions for HART.

All safety-sensitive applicants who have previously failed a DOT pre-employment test must provide proof that they have completed a Substance Abuse Professional’s evaluation, treatment and return to duty process in addition to a pre-employment drug test with negative results, prior to their employment into a safety-sensitive job function. The credentials, training and education of the Substance Abuse Professional must meet the requirements of 49 CFR Part 40 Subpart O.

X. Pre-Employment Testing

All applicants shall undergo a urine drug test and breath alcohol test prior to placement in a position with HART. HART must be in receipt of a negative urine drug test and breath alcohol test result prior to the applicant’s performance of any function. A cancelled test result will require an applicant to undergo a subsequent pre-employment urine drug test, until a negative test result can be obtained.

If an applicant’s pre-employment urine drug test result or breath alcohol test is verified as positive, the applicant will be excluded from consideration for employment per HART authority. Applicant will be provided a referral to a Substance Abuse Professional meeting the required qualifications per 49 CFR Part 40.281, as amended.

An employee returning from an extended leave period of 90 consecutive days or more, and whose name was removed from the random testing selection pool, will be subject to a pre-employment urine drug test and breath alcohol test. HART must be in receipt of a negative drug test and breath alcohol test result prior to the employee being reinstated to safety sensitive duty.

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XI. Random Testing

Employees in safety-sensitive positions shall be subject to random, unannounced testing. The minimum annual percentage rate for random alcohol testing and the minimum annual percentage rate for random controlled substances testing shall be in accordance with 49 CFR Part 655, as amended. The percentages of testing shall be based on the average number of safety-sensitive employees per calendar year.

The administering of random testing shall be spread reasonably throughout the calendar year and throughout all times of day when safety-sensitive functions are performed. Each covered employee who is notified of selection for random alcohol or drug testing shall immediately proceed to the testing site.

Random alcohol testing shall be conducted on a safety sensitive employee during, just before or just after the performance of a safety-sensitive function.

Random urine drug testing may be conducted anytime while an employee is on duty or on call, or on standby duty.

The selection of employees for random alcohol and drug testing shall be made by a scientifically valid method. The selection process shall provide each covered employee an equal chance of being tested each time selections are made. A computer based random number generator that is fair and equitable for the covered employees shall derive the list.

XII. Reasonable Suspicion Testing

All employees are subject to reasonable suspicion urine drug testing and/or breath alcohol testing. Reasonable suspicion testing is required when one or more trained company officials can articulate and substantiate physical, behavioral and performance indicators of probable drug use or alcohol misuse by observing the appearance, behavior, speech, or body odors of the employee. Reasonable suspicion testing for alcohol misuse can only be made when observations leading to that testing occur during, just preceding, or just after the period of the workday that the employee is required to be in compliance with FTA regulations. Reasonable suspicion testing for prohibited drugs may be conducted anytime an employee is on duty. Non-safety testing for both alcohol misuse and prohibited drugs may be conducted at all hours of operation.

XIII. Post-Accident Testing

Fatal Accident: A safety-sensitive employee shall be required to undergo urine drug and breath alcohol testing following an accident involving a revenue service vehicle that results in a fatality (regardless of whether or not the vehicle is in revenue service at the time of the event). Any other

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employee(s), i.e., maintenance personnel, dispatchers, controllers, whose performance could have contributed to the accident, shall also be tested. As soon as practical following an accident involving the loss of human life, surviving covered employees shall undergo drug and alcohol testing.

Non-Fatal Accident: A post-accident test shall be conducted if an accident results in injuries requiring immediate medical treatment away from the scene, and/or if one or more vehicles incurs disabling damage that requires towing from a site; unless HART determines, using the best information available at the time of the decision, that the employee’s performance can be completely discounted as a contributing factor to the accident. Any other safety sensitive employee whose performance could have contributed to the accident shall be tested. The decision regarding whether or not the employee’s performance could have contributed to the accident will be the sole discretion of HART using the best information available at the time of the decision.

Following an accident, the employee must be “readily available” for testing. Post-accident tests will be conducted as soon as possible, all reasonable efforts shall be made to test the safety sensitive employee(s) within (2) two hours of the accident, but not after eight (8) hours for alcohol testing and thirty two (32) hours for drug testing. If a drug or alcohol test required by this section is not administered within the required time period following the accident, HART shall prepare and maintain on file, a record stating the reasons the testing was not promptly administered and efforts to conduct testing shall cease.

Any employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until the employee undergoes a post-accident alcohol test. Any employee, who leaves the scene of the accident without a justifiable reason or explanation prior to submitting to drug and alcohol testing, shall be considered to have refused the test.

The post-accident testing requirements shall not delay necessary medical attention for injured persons, nor will they prohibit an employee who was performing a safety-sensitive function from leaving the scene of an accident to obtain assistance in responding to the accident or to obtain necessary emergency medical care.

In the rare event that an employee is unable to submit to a post-accident test within the required time period (i.e., 8 hours for alcohol and 32 hours for drugs) due to circumstances beyond HART’s control, the results of a blood, urine or breath alcohol test conducted by a federal, state or local official having independent authority for the test, will be considered to meet the requirements for a post-accident test. The test must conform to the applicable federal, state, or local testing requirements and the results must be obtained by HART. (Per 49 CFR Part 655.44)

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XIV. Discipline

(a) First Offense:

An employee with a first time positive confirmed drug test or an alcohol test of .02 or higher during his/her employment history with HART for a random test, will be placed on leave status for 90 days without pay. The employee may not use any accumulated sick leave or annual leave to cover his/her absence from work. During leave, the employee will be evaluated by HART’s Substance Abuse Professional and be required to participate in and successfully complete an employee assistance program, which will be at his/her own expense. In the event the employee is required to attend an employee assistance program which exceeds the employee’s 90 day leave under this section, the employee may file a request for additional leave with HART.

The following conditions shall also apply:

(1) The employee must successfully complete the employee assistance program. Failure tosuccessfully complete the program will be evidenced by withdrawal from the programbefore its completion or a report from the program indicating unsatisfactory complianceor by a positive test result on a confirmation test after completion of the program.

(2) The employee must execute a written consent form allowing HART to obtain informationregarding the progress and successful completion of the employee assistance program.

(3) Following successful completion of the program, the employee will be required tosubmit to a return to duty drug and alcohol test. 49 CFR Part 40 Subpart O. Theemployee may return to work only after the Substance Abuse Professional and haveissued a written return to work release and the employee tests negative for all of the drugsscreened.

(4) Upon return to work, the employee will be subject to unannounced follow-up drugand/or alcohol testing. 49 CFR Part 40 Subpart O. The number and frequency ofsuch follow-up testing shall be as directed by the Substance Abuse Professional andwill consist of at least 6 tests in the first 12 months following the employee’s returnto work. §40.307. The Substance Abuse Professional may terminate the requirementfor follow-up testing at any time after the first 6 tests have been administered, if theSubstance Abuse Professional determines that such testing is no longer necessary.§40.307. Likewise, after the initial 12 month period, the Substance AbuseProfessional may continue the follow-up testing for an additional 48 months if theSubstance Abuse Professional determines that such testing is necessary. §40.307.Regardless of the number and frequency of follow-up testing, the employee will serve atwelve (12) month probationary period from the return to work date. If the employee

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tests positive for drugs or alcohol during the probationary period or at any other time in the future, the employee shall be immediately terminated.

(b) Immediate Discharge shall occur in the following situations:

(1) Refusal to submit to an authorized drug or alcohol test by failing to provide anadequate urine, breath, blood or saliva sample without a valid medical explanation,or by engaging in conduct that clearly obstructs the testing process. §40.191 and§40.261. Refusal to submit to test also includes refusal to cooperate regarding thecollection of samples, submission or attempted submission of altered or substituted urinesample or refusal to cooperate with laboratory personnel or Medical Review Officerduring any stage of testing or confirmation process. An employee who refuses to submitto an authorized drug or alcohol test forfeits his eligibility for medical and indemnitybenefits which would otherwise be due him/her under Florida Workers’ Compensationlaw.

(2) Refusal to participate in the employee assistance program, failure to execute a writtenconsent form allowing HART to obtain information regarding the progress andsuccessful completion of the employee assistance program or failure to successfullycomplete the program after being required to do so following a First Offense as outlinedin subsection (a) above.

(3) Drinking alcoholic beverages or using drugs while on duty, on call, on HART property– which includes private vehicles while parked on HART property and company vehiclesat any time, on breaks, between shifts and at lunch if the employee is scheduled to workor may be assigned to work thereafter on the same day.

(4) Distribution, dispensation, possession, concealment, sale or unlawful manufacture ofdrug paraphernalia, or any prohibited substance, including alcoholic beverages while onHART property, which includes use within private vehicles while parked on HARTproperty or use within any HART vehicle at any time.

(5) When an employee test positive for alcohol with a concentration of 0.04 or more in anyauthorized pre-employment, reasonable suspicion, return to duty, follow-up or post-accident testing or when an employee tests positive for drugs in any authorized pre-employment, reasonable suspicion, return to duty, follow-up or post-accident testingregardless if it was the employee’s first time.

(6) When an employee tests positive for alcohol with a concentration of 0.04 or more in anyauthorized random alcohol test on more than one occasion or when an employee testspositive for drugs in any authorized random drug test on more than one occasion.

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(7) When an employee tests positive for alcohol with a 0.04 or more concentration or positivefor drugs following an occupational on-the-job accident, vehicular or otherwise,regardless of whether or not the test is the employee’s first positive confirmed result.Additionally, if the employee tests positive for drugs or alcohol at levels prohibited bythe Florida Worker’s Compensation Statutes and applicable rules adopted pursuantthereto, the employee forfeits his eligibility for medical and indemnity benefits whichwould be otherwise due him/her under Florida’s Workers’ Compensation laws.

(8) When an employee tests positive for alcohol with a concentration of 0.04 or greater ortests positive for drugs (regardless of whether or not the test result is the employee’s firstpositive confirmed test result) and the employee’s conduct that led to the testing wouldjustify dismissal if drug or alcohol use had not been involved.

XV. Refusal to Submit to DOT Required Drug Testing

All safety-sensitive employees will be subject to urine drug testing and breath alcohol testing as described in sections 10-13. An employee who fails to cooperate with the testing process or attempts to thwart the testing process will be considered to have “refused testing”. Refusal to submit to DOT required testing is a violation of this substance abuse policy.

The following actions constitute a “refusal to test” in accordance with 49 CFR Part 40, as amended:

(a) Failure to appear for any test within a reasonable time, as determined by the employer,consistent with applicable DOT agency regulations, after being directed to do so by theemployer (pre-employment testing not applicable).

(b) Failure to remain at the testing site until the testing process is completed (after the processhas been started)

(c) Failure to provide a urine specimen for any drug test required by this part or DOT agencyregulations

(d) In the case of a directly observed or monitored collection in a drug test, fail to permit theobservation or monitoring of your provision of a specimen

(e) Failure to provide a sufficient amount of urine when directed, and it has been determined,through a required medical evaluation, that there was no adequate medical explanation forthe failure

(f) Failure or decline to take an additional drug test the employer or collector has directed youto take

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(g) Failure to undergo a medical examination or evaluation, as directed by the MRO as part ofthe verification process, or as directed by HART

(h) Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets whendirected by the collector, behave in a confrontational way that disrupts the collection process,fail to wash hands after being directed to do so by the collector)

(i) For an observed collection, failure to follow the observer’s instructions to raise your clothingabove the waist, lower clothing and underpants, and to turn around to permit the observer todetermine if you have any type of prosthetic or other device that could be used to interferewith the collection process

(j) Possessing or wearing a prosthetic or other device that could be used to interfere with thecollection process

(k) Admitting to the collector or MRO that you adulterated or substituted the specimen

(l) When the MRO verifies your drug test result as adulterated or substituted.

Refusals to test will result in employee’s immediate removal from safety sensitive duties and a referral to a Substance Abuse Professional that has knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders, and who meets the qualifications outlined in 49 CFR Part §40.281 Subpart O.


XVI. Voluntary Rehabilitation

When an employee who has not previously tested positive for drug or alcohol use or entered an employee assistance rehabilitation program for drug or alcohol related problems voluntarily admits that s/he has a drug or alcohol problem prior to any order for drug/alcohol testing and requests help in receiving treatment for either drug or alcohol abuse, HART will meet with the employee to discuss the various treatment, counseling and rehabilitation options that are available. No disciplinary action will be taken against an employee who voluntarily admits that s/he has a drug or alcohol abuse problem. However, HART has the following rights in such circumstances:

(a) The employee will be required to be evaluated by the Employee Assistance Professional, tosubmit to testing and to enroll in and successfully complete a HART approved inpatient oroutpatient treatment or rehab program for drug and/or alcohol abuse and remain drug andalcohol free for its duration, as a condition of continued employment or reinstatement withHART. The employee must use any accumulated sick leave and then annual leave to coverany absences from work.

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Upon program completion, the employee must submit to a return to work drug and alcohol test. The employee may return to work only after HART is in receipt of a clean test result and the Employee Assistance Professional haves issued a written return to work release.

Upon return to work, the employee will serve a twelve (12) month probationary period from the date of return. If the employee tests positive for drugs or alcohol during the probationary period or at any other time in the future, the employee shall be immediately terminated.

XVII. Positive Confirmed Drug or Alcohol Test Result

(a) In accordance with Federal Law:

(1) A positive test result does not automatically identify an employee/applicant as havingused drugs or alcohol in violation of HART policy. As such, the Medical ReviewOfficer shall review the results prior to transmission of the results to HART officialsin order to determine if there is a possible alternative medical explanation for thepositive test results. §40.129

(2) The MRO shall directly and confidentially inform the employee or job applicant ofthe positive test result. §40.131 and FS 440.102(5)(h). The employee/applicant willthen have the opportunity to provide evidence and an explanation to the MRO forthe positive results. The employee will be notified that if he or she declines to discussthe test results, it will be verified as positive. The MRO will only report verifiedpositive test results to HART if the test results are not explained to the MRO’ssatisfaction. If the employee/applicant has unusual circumstances preventing himor her from responding to the MRO in a timely fashion, the MRO may provide somerelief to the employee/applicant in accordance with 49 CFR 40.133(c). If theexplanation is inadequate or not offered, the MRO will then report the verifiedpositive test results to HART. HART shall then promptly inform the employee ofthe consequences of such results and the options available to the employee or jobapplicant after receipt of a positive verified test result from the Medical ReviewOfficer.

(3) The MRO shall also advise the employee/applicant with a verified positive test thatthe employee/applicant has 72 hours to request a test of the split specimen. If therequest is timely made, the MRO will inform the laboratory to provide the splitspecimen to another DHHS-certified lab for analysis. 40.153. If the second lab isunable to verify the test as positive, or if the split sample is unavailable, inadequatefor testing or untestable, then the MRO shall cancel the test and report the test as

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cancelled to HART and the employee/applicant. A cancelled test is neither a positive test or a negative test. 40.273. Likewise, if the split specimen analysis is positive, the MRO shall report these results to HART and the employee/applicant. 40 Subpart H.

(b) In accordance with state law:

(1) HART shall inform each employee or job applicant in writing of HART’s receipt of anypositive test result on any tests performed on a specimen obtained pursuant to state law,(not federal law) the consequences of such results, and the options available to theemployee or job applicant within five (5) working days after receipt of a positiveconfirmed test result from the Medical Review Officer. Upon request, HART shallprovide the employee or job applicant, with a copy of the test results.

(2) An employee or job applicant may submit information to HART explaining or contestingthe test result of any test performed pursuant to state law and explaining why the resultdoes not constitute a violation of HART’s policy. If such an employee’s or jobapplicant’s explanation or challenge of the positive test result is unsatisfactory to HART,a written explanation as to why such an employee’s or job applicant’s explanation isunsatisfactory, along with the report of positive result, shall be provided by HART tosuch an employee or job applicant within fifteen (15) days; and all such documentationshall be kept confidential by HART and shall be retained by HART for at least one (1)year.

(3) Should such an employee or job applicant wish to do so, s/he may further contest thedrug test result pursuant to the rules adopted by the Florida Department of Labor andEmployment Security and incorporated by reference herein. Such an employee may alsohave the right to appeal to the Public Employee Relations Commission or appropriatecourt regarding any applicable collective bargaining agreement or contract. Such anemployee or job applicant may undertake an administrative challenge by filing a petitionfor benefits with a judge of compensation claims, pursuant to Chapter 440 Florida Statuesor if no workplace injury has occurred, the person may challenge the test result in a courtof competent jurisdiction. In the event such an employee or job applicant undertakes anadministrative or legal challenge to a positive confirmed test result, that employee or jobapplicant must notify the laboratory which performed the drug test that such an actionwill be or has been instituted.

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XVIII. Observed Urine Drug Collections

During an observed collection, the employee who is being observed will be required to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show the collector, by turning around, that they do not have a prosthetic device. The collector/observer must witness the employee’s urine leave the body and enter the collection cup. The collector/observer must be the same gender as the employee being observed.

Observed collections are required in the following circumstances:

Anytime the employee is directed to provide another specimen because the temperatureon the original specimen was out of the accepted temperature range of 90°F - 100°F;

Anytime the employee is directed to provide another specimen because the originalspecimen appeared to have been tampered with;

Anytime a collector observes materials brought to the collection site or the employee’sconduct clearly indicates an attempt to tamper with a specimen;

Anytime the employee is directed to provide another specimen because the laboratoryreported to the MRO that the original specimen was invalid and the MRO determinedthat there was not an adequate medical explanation for the result;

Anytime the employee is directed to provide another specimen because the MROdetermined that the original specimen was positive, adulterated or substituted, but had tobe cancelled because the test of the split specimen could not be performed.

Anytime a follow up or return to duty test is required (test types not applicable to HARTpolicy)

XIX. Specimen Analysis

All specimens will be analyzed in accordance with the procedures set forth in 49 CFR Part 40, as amended. Specimen validity testing will be conducted on all urine specimens provided for testing under DOT authority. Specimen validity testing is the evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted.

XX. Dilute Test Results

Upon receipt of MRO verified negative-dilute drug test results with creatinine levels greater than 5 mg/dl and less than 20 mg/dl, HART will exercise the option to require that applicants/employees

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submit to a secondary urine collection as provided in 49 CFR Part 40.197. The collection of the second specimen will not be conducted under direct observation. The result of the second urine drug test will be accepted as the final result.

HART will exercise this option uniformly for all pre-employment and random tests that produce a negative-dilute test result with creatinine levels greater than 5mg/dl but less than 20mg/dl.

Upon receipt of a positive-dilute urine drug test result, HART will immediately remove the employee from safety sensitive duty and provide the employee with a referral to a DOT qualified Substance Abuse Professional. A positive dilute result is always deemed as a final positive result. Per HART authority, violation of this substance abuse policy will result in termination of employment and/or exclusion from hire. XXI. Medical Review Officer’s Role and Responsibilities

The designated Medical Review Officer (MRO) shall be a licensed physician (doctor of medicine or osteopathy) with knowledge of drug disorders. HART shall use the following Medical Review Officer:

Name of MRO: Dr. Seth Portnoy

Address: 5646 West Atlantic Blvd

Margate, FL 33063

Phone Number: (888) 881-4826 Fax Number: (954) 677-1701

The role of the MRO is to review and interpret confirmed positive test results obtained through the employer's testing program. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with DOT regulations.

Additionally, the MRO cannot accept an assertion of consumption of a hemp food product as a basis for verifying a confirmed marijuana (THC) test result as a negative. Consumption of a hemp food product is not to be considered a legitimate medical explanation for a prohibited substance or metabolite in an individual's specimen.

An employee shall be notified by the MRO of a laboratory confirmed positive test and a verification interview will be conducted with the employee, by the MRO in accordance with 49 CFR Parts 40.131, through 40.141

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XXII. Verified Positive Results

MRO verified positive urine drug tests will result in immediate removal from duties and a referral to a Substance Abuse Professional that has knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders, and who meets the qualifications outlined in 49 CFR Part 40.281 Subpart O, will be provided to employee.


XXIII. Cancelled/Invalid Test Results

A drug test that has been declared cancelled by the Medical Review Officer, because the specimen was invalid or for other reasons, shall be considered neither positive nor negative. Additionally, a specimen that has been rejected for testing by the laboratory is reported by the MRO as a cancelled test.

When a negative urine drug test result is required (as is the case with pre-employment, return to duty and follow up test types) the employer must conduct another drug test on the individual. For some categories of cancelled drug tests, the MRO will indicate that a re-collection of a specimen using direct observation specimen collection procedures is required, regardless of test type. Direct observation collection procedures will be in accordance with 49 CFR Part 40.67 as amended. The MRO may also direct an employee to undergo a medical evaluation to determine whether or not clinical evidence of drug use exists when there are documented medical explanations for an individual producing invalid specimens and a negative result is needed for a pre-employment, return to duty or follow-up test.

For alcohol testing, a test that is deemed to be invalid per 49 CFR Part 40.267, shall be cancelled and therefore considered neither positive nor negative.

XXIV. Split Specimen Testing

Split specimen collection procedures will be followed in obtaining specimens. An employee is entitled to request, within 72 hours of learning of a verified positive test result, that the split specimen be tested at a different DHHS certified laboratory than that which conducted the test of the primary specimen. If the test result of the split specimen fails to reconfirm the presence of the drug or drug metabolite, the test result shall be ruled “Canceled”. The procedures for canceled tests, as outlined in 49 CFR Part 40.187, will be followed. If the test result of the split specimen is positive, the test results shall be deemed positive. If the laboratory’s test of the primary specimen

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is positive, adulterated or substituted and the split specimen is unavailable for testing, a recollection under direct observation is required. Direct observation collection procedures will be in accordance with 49 CFR Part 40 as amended.

Split Specimen Testing is not authorized for test results reported by the MRO as “Invalid”.

XXV. Alcohol

For the purposes of this policy, alcohol is defined as the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol. 49 CFR Part 655 authorizes alcohol testing and requires HART to take action on the findings, regardless of whether it was ingested as a beverage alcohol or in a medicinal or other preparation.

XXVI. Alcohol Use and Breath Alcohol Testing

No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. If there is actual knowledge that an employee may be under the influence of alcohol while performing their duties, the employee shall not be permitted to perform or continue to perform their duties, pending a reasonable suspicion interview, conducted per Section 12. No employee shall use alcohol while performing their non-safety sensitive functions nor safety-sensitive functions, within (4) four hours prior to performing a function, or during the hours that they are on call or standby for duty. No employee shall use alcohol within eight (8) hours following an accident or until the employee undergoes a post-accident test, whichever occurs first.

A Breath Alcohol Technician (BAT) qualified to conduct DOT breath alcohol testing shall conduct all DOT required alcohol screening tests.

In accordance with the provisions of 49 CFR Part 40, as amended, the results of both the screening and confirmation of breath alcohol tests, as applicable, shall be displayed to the individual being tested immediately following the test(s).

The results of breath alcohol testing will be transmitted by the breath alcohol technician to HART in a confidential manner, in writing, in person, by telephone or electronic means in accordance with 49 CFR Part 40, as amended. All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40, as amended.

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HART Clerk:

HART affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. Handling of tests and confidentially shall be in conformance with 49 CFR Part 40, and as described below:

If the initial test indicates an alcohol concentration of 0.04 0.02 or greater, a second test will be performed to confirm the results of the initial test. An employee who has a confirmed alcohol concentration of greater than 0.04 0.02 but less than 0.04 will result in removal from his/her position for (8) eight hours unless a retest results in a concentration measure of less an 0.04 0.02.

An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. An employee testing positive for alcohol will be immediately removed from duty and will be provided with a referral to a DOT qualified Substance Abuse Professional, in accordance with 49 CFR Part 40, as amended.


XXVII. Refusal to Submit to DOT Required Alcohol Testing

The following actions constitute a refusal to submit to Alcohol Testing:

(a) Fail to appear for any test within a reasonable time, as determined by the employer,consistent with applicable DOT agency regulations, after being directed to do so by theemployer.

(b) Fail to remain at the testing site until the testing process is complete

(c) Fail to provide an adequate amount of saliva or breath for any alcohol test required by thispart or DOT agency regulations

(d) Fail to provide a sufficient breath specimen, and the physician has determined, through arequired medical evaluation, that there was no adequate medical explanation for the failure

(e) Fail to undergo a medical examination or evaluation, as directed by HART

(f) Fail to sign the certification at Step 2 of the ATF

(g) Fail to cooperate with any part of the testing process.

A referral to a Substance Abuse Professional that has knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders, and who meets the qualifications outlined in 49 CFR Part 40.281 Subpart O will be provided.


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HART Clerk:

XXVIII. System Contacts

Contact your Drug and Alcohol Program Manager or Designated Employer Representative

Name: Kelli White

Address: 1201 East 7th Avenue, Tampa, FL 33605

Phone: (813) 384-6404 or (813) 384-6360

E-mail: [email protected] or [email protected]

Alternate

Name: Donna Allen

Address: 1201 East 7th Avenue, Tampa, FL 33605

Phone: 813-384-6429

E-mail: [email protected]

Substance Abuse Professional

Name: CIGNA EAP

Phone: 1-877-622-4327

National Hot-Line Numbers and Help Lines:

1-800-COCAINE

The American Council on Alcoholism Help Line

1-800-527-5344

The National Institute on Drug Abuse Hot Line

1-800-662 HELP

Alcoholics Anonymous

212-686-1100

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mailto:




HART Clerk:

A copy of the referenced regulations (49 CFR Parts 40 and Part 655); are available on the CUTR Substance Abuse Management Resource Website: www.sam.cutr.usf.edu

The referenced USDOT and FTA regulations, as well as informational material related to this testing program are available for review and/or download from the Florida Department of Transportation’s Substance Abuse Management Website: http://sam.cutr.usf.edu. Further information may be obtained from the USDOT’s Office of Drug and Alcohol Policy and Compliance website: https://www.transportation.gov/odapc and the Federal Transit Administration’s (FTA) website: https://transit-safety.fta.dot.gov/DrugAndAlcohol/Default.aspx.

Specific Authority: 120.52(1)(b); 163.568(2)(k)

Law Implemented: 112.0455 F.S.; F.S. 440.102 et al.; Title V of the Department of Transportation and Related Agencies Appropriations Act of 1992, Pub. L. 102-143, 105 STAT. 917 (1991)

EFFECTIVE DATE FOR REVISION: 11/05/2018 03/04/2019

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http://sam.cutr.usf.edu/

https://www.transportation.gov/odapc

https://transit-safety.fta.dot.gov/DrugAndAlcohol/Default.aspx

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TO: MEMBERS OF THE HART BOARD FROM: LENA PETIT, CLERK OF THE BOARD DATE: FEBRUARY 11, 2019 RE: Resolution #R2019-03-07 ~ Authorization to Increase Settlement Authority up to

$125,000 on the Carl Bergeron Workers’ Compensation Claim (CRM claim #B1270206)

Litigation and Claims Committee Meeting of February 11, 2019 Committee Members Present: David Mechanik, Esq., HART Board Member Kenyatta Lee, HART CAO, Interim Chief of Staff on

behalf of HART ICEO David Smith, Esq., HART Board General Counsel Other Attendees: Jason Wright, HART Manager of Risk Robert Bennett, Esq., HART Workers’ Comp. Counsel Committee Recommendation: The Committee reviewed this action item and voted unanimously to advance it to the full HART Board of Directors at the March 4, 2019 regular Board meeting. Attachments: I. Resolution #R2019-03-07 II. Committee Agenda Report

ATTACHMENT I

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RESOLUTION NO. #R2019-03-07 A RESOLUTION FOR APPROVAL OF SETTLEMENT AUTHORITY RECOMMENDED BY HART LITIGATION AND CLAIMS COMMITTEE FOR SETTLEMENT OF CARL BERGERON CLAIM #B1270206 FOR A NOT-TO-EXCEED AMOUNT OF $125,000

WHEREAS, Claimant, Carl Bergeron, has filed a petition against the Defendant, Hillsborough Transit Authority (HART) seeking monetary damages associated with his workers’ compensation claim for negligence; and

WHEREAS, the parties attended mediation on the case, and the parties having entered into a Settlement Agreement; and

WHEREAS, the Board of Directors has determined that the terms and conditions of the Settlement Agreement are within the parameters recommended and authorized by HART Litigation and Claims Committee and are otherwise in the best interest of HART;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY THAT:

Section 1. The Board of Directors authorizes the approval of the Settlement Agreement in the Carl Bergeron Workers’ Compensation Claim #B1270206 for a not-to-exceed amount of $125,000.

Section 2. Proper officers of the Hillsborough Transit Authority are authorized to do all things necessary and required in order to implement the terms of the aforementioned settlement authority. Section 3. This Resolution shall take effect immediately upon its adoption.




Litigation and Claims Committee Meeting February 11, 2019

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COMMITTEE ACTION ITEM Authorization to Increase Settlement Authority up to $125,000 on the Carl Bergeron Workers’ Compensation Claim (CRM claim #B1270206) OVERVIEW This action item conforms to HART Board Policy 700: Risk Management; Sub Section 720: Settlement Policy. This item discusses appropriate settlement authority for the claim listed below. RECOMMENDATION That the Claims and Litigation Committee review and recommend to increase settlement authority to $125,000 on the Carl Bergeron claim # B1270206. FINANCIAL IMPACT The funding source is workers’ compensation risk reserves. BACKGROUND On May 30, 2015, Bus Operator Carl Bergeron was involved in a physical altercation with a HART bus patron. Operator Bergeron sustained severe facial and ocular fractures as a result of the incident. HART accepted this incident as compensable and defense counsel attended a private mediation with opposing counsel on December 19, 2018. At mediation the parties reached an agreement to resolve this case for $125,000 inclusive of fees and costs, pending HART Board approval.

HART Bus Operator

• Carl Bergeron PR#3966 • Date of hire: January 20, 2015 • Employed approximately 5 months at the time of the incident.

Summary and Recommendations

• Mr. Bergeron’s Medical expenses to date are: $227,441.62 • HART’s paid to date Medical/Indemnity/Legal): $324,730.19 • Total exposure below SIR: $180,426.29 • Requesting Settlement Authority of $125,000

Staff recommends settlement in lieu of continued medical/indemnity exposure and legal expenses. Per HART Board Policy 700: Risk Management; Sub Section 720: Settlement Policy, the Litigation and Claims Committee, composed of the CEO and/or the CEO's designee; the CFO; the General Counsel; the Risk Manager; the Chair of the Board of Directors, or the Chair's designee and/or other member appointed by the Chair of the Board, is delegated the express


Litigation and Claims Committee Meeting February 11, 2019

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authority to settle Bodily Injury, Property Damage, and all other such claims for amounts greater than $50,000 and less than $100,000. Said decisions shall be by majority vote. Otherwise any such settlement shall require Board approval. The Risk Manager shall make recommendations to the Litigation and Claims Committee. NEXT STEPS If approved by the Litigation and Claims Committee, written recommendation shall be presented to the Board for approval of increase in settlement authority up to $125,000 on the Carl Bergeron Workers’ Compensation claim B1270206. Prepared by: Jason Wright, Manager of Risk Reviewed by: Kenyatta Lee, Chief Administrative Officer & Interim Chief of Staff


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TO: MEMBERS OF THE HART BOARD FROM: LENA PETIT, CLERK OF THE BOARD DATE: FEBRUARY 18, 2019 RE: Resolution #R2019-03-08 ~ Authorization for the Interim Chief Executive

Officer to Award a Contract for the Tampa Arterial BRT Study to Tindale Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000

Finance and Audit Committee Meeting of February 18, 2019 Committee Members Present: Chair Rich McClain, Vice Chair Harden, Directors C.


Committee Member Absent: Director Mechanik Committee Recommendation: Finance and Audit Committee met on February 18, 2019 and advanced the following item to the full HART Board of Directors for their review and vote, without a recommendation from the Committee (for more information, please see the meeting minutes provided in the packet): Attachments: I. Resolution #R2019-03-08 II. Committee Agenda Report

ATTACHMENT I

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RESOLUTION NO. #R2019-03-08 AUTHORIZATION FOR THE INTERIM CHIEF EXECUTIVE OFFICER TO AWARD A CONTRACT FOR THE TAMPA ARTERIAL BRT STUDY TO TINDALE OLIVER & ASSOCIATES, INC., DBA TINDALE OLIVER IN THE AMOUNT NOT-TO-EXCEED $2,500,000

WHEREAS, HART has procured planning and design services for transportation

infrastructure and improvements to improve local, street-level bus service along Florida, Nebraska and Fowler Avenues and adjacent corridors as well as corridors that intersect with these three corridors between the USF Tampa Campus and downtown Tampa; and WHEREAS, the project will foster development that supports local land use plans as well as long-term economic growth; and

WHEREAS, HART issued RFP-31038 in compliance with HART’s procurement policies and an evaluation committee evaluated the merits of each proposal;

WHEREAS, funding for this contract in the amount of $2,500,000 is provided for by a

grant from the Florida Department of Transportation (FDOT) and this grant does not require any match from HART;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF

THE HILLSBOROUGH TRANSIT AUTHORITY THAT:

Section 1. The Interim Chief Executive Officer is authorized to award a contract for the Tampa Arterial BRT Study to Tindale-Oliver & Associates, Inc., in the amount not-to-exceed $2,500,000.

Section 2. Proper officers of HART are authorized to do all things necessary and

required in order to implement the contract for the aforementioned study. Section 3. This Resolution shall take effect immediately upon its adoption.





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COMMITTEE ACTION ITEM Authorization for the Interim Chief Executive Officer to Award a Contract for the Tampa Arterial BRT Study to Tindale Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000 OVERVIEW HART has procured planning and design services for transportation infrastructure and improvements to improve local, street-level bus service along Florida, Nebraska and Fowler Avenues and adjacent corridors as well as corridors that intersect with these three corridors between the USF Tampa Campus and downtown Tampa. These services will move forward with infrastructure and facility enhancement projects that are intended, in whole or in part, to support a rapid bus service that improves and expands transit operations and facilities to attract new riders and benefit existing riders, including those with a higher propensity for transit use such as university students, millennials, moderate and low-income residents and workers, patients of medical centers, active seniors, and transit dependent residents. The project will foster development that supports local land use plans as well as long-term economic growth. RECOMMENDATION That the Finance and Audit Committee review the action item authorizing the Interim Chief Executive Officer to award a contract for the Tampa Arterial BRT Study to Tindale Oliver & Associates, Inc. in the amount not-to-exceed $2,500,000; and advance this item to the full HART Board of Directors at the March 4, 2019 regular Board meeting. FINANCIAL IMPACT Funding for this contract, in the amount of $2,500,000, is provided for by a grant from the Florida Department of Transportation (FDOT). This grant does not require any match from HART. BACKGROUND HART sought proposals from well- qualified and experienced parties to provide consultation services to complete both design and engineering services for the designated corridors. This study is in alignment with not only HARTs mission, but the long-term plans of the MPO, by seeking to implement progressive transit services between University of South Florida and Downtown Tampa; two of the region’s most important job employment centers. It is expected that this project will result in a number of potential smaller projects that can be implemented in the near term with local funding, while still evaluating the feasibility for a larger end to end BRT-like project that can be funded with an FTA Small Starts grant,

PROCUREMENT CONSIDERATIONS On June 5, 2018, HART issued RFP-31038 in compliance with HART’s procurement policies. The solicitation, posted on HART’s website and DemandStar, also had direct notices sent to 76 vendors that could provide the services. The solicitation was accessed from HART’s website by 20 firms and/or individuals and from DemandStar by 17 firms and/or individuals.



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HART received two proposals by the July 2, 2018, 11:00 a.m. deadline. Both proposals were responsive to the solicitation requirements. An evaluation committee of five members from across Hillsborough County including two HART staff evaluated the merits of each proposal. The evaluation criteria, specified below, was used to identify the most qualified firm to perform the services:

• 100 Points - Qualifications of the Firm and/or Team • 300 Points - Qualifications of the Staff • 450 Points - Work Plan • 150 Points - Relevant Projects

Total Technical Points – 1,000 The two firms scored as follows: #1 Ranked – Kimley-Horn and Associates, Inc. – 890.00 #2 Ranked – Tindale Oliver – 880.60 Procurement staff was unable to negotiate a contract with Kimley-Horn and Associates, Inc. that met the expectations of the project team. Negotiations were terminated with Kimley-Horn and Associates, Inc. on December 3, 2018 and Notice of Intent to Negotiate was then provided to Tindale-Oliver. Negotiations are progressing favorably with Tindale-Oliver and it is anticipated that a contract that is fair and reasonable and meets the expectations of the project team will be finalized before the HART Board of Director’s Meeting scheduled for March 4, 2019. The term of the contract is two years from date of award plus a one-year option period. The solicitation included all required Federal contract clauses and all of HART’s standard contract provisions. NEXT STEPS

Present the recommendation by the Finance and Audit Committee to the full HART Board of Directors at the March 4, 2019 regular Board meeting. Upon the Board’s approval, execute the contract with Tindale-Oliver.

Prepared by: Christopher Cochran, Director of Service Development

Cyndy Zambella, Director of Budget and Grants & Interim Director of Procurement and Contract Administration

Reviewed by: Ruthie Reyes Burckard, Chief Operating Officer


Hillsborough Transit Authority Regular Board Meeting

March 4, 2019

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BOARD ACTION ITEM Resolution #R2019-03-09 ~ Authorize the Hillsborough Transit Authority (HART) Board of Directors Chair to Execute the Employment Agreement with HART Chief Executive Officer OVERVIEW During the February 1, 2019, regular HART Board meeting, HART General Counsel was requested to draft an employment agreement with HART Chief Executive Officer. FINANCIAL IMPACT Compensation for the CEO has been appropriated in FY2019 budget. BACKGROUND At the February 1, 2019 regular meeting, the Board of Directors voted unanimously to appoint Mr. Benjamin Limmer as HART Chief Executive Officer.

NEXT STEPS Execute Employment Agreement with Mr. Limmer.

Prepared by: David L. Smith, HART Board General Counsel Reviewed by: Jeffrey C Seward, Interim Chief Executive Officer

Attachments: I Proposed Resolution #R2019-03-09 II Draft Interim CEO Employment Agreement

ATTACHMENT I

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RESOLUTION NO. #R2019-03-09 A RESOLUTION AUTHORIZING THE HILLSBOROUGH TRANSIT AUTHORITY (HART) BOARD OF DIRECTORS CHAIR TO EXECUTE THE EMPLOYMENT AGREEMENT WITH HART CHIEF EXECUTIVE OFFICER WHEREAS, the Board of Directors of HART is authorized pursuant to Florida Statutes Section 163.565, et. seq., and its Charter to enter into contracts on behalf of HART and to appoint and fix compensation of the Chief Executive Officer; and WHEREAS, the HART Board of Directors desires to employ Benjamin Limmer as Chief Executive Officer; and WHEREAS, HART and the Chief Executive Officer are in agreement with the terms of the Employment Agreement; and WHEREAS, it is the desire of the HART Board of Directors to authorize its Chair to execute the Employment Agreement as presented and voted upon by this Board, or its substantial equivalent; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY THAT: Section 1. The HART Board of Directors Chair is authorized to execute the Employment Agreement with HART Chief Executive Officer Benjamin Limmer. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE HILLSBOROUGH TRANSIT AUTHORITY ON MARCH 4, 2019.

__________________________________________ Commissioner Lesley “Les” Miller, Chairperson

ATTEST: HART Board of Directors ________________ Councilmember Mike Suarez, Secretary HART Board of Directors

David L. Smith, Esquire

HART Board General Counsel

ATTACHMENT II

# 11340437 v954 6-54

HILLSBOROUGH TRANSIT AUTHORITY EMPLOYMENT AGREEMENT

WITH CHIEF EXECUTIVE OFFICER

THIS Employment Agreement (“Agreement”) is made and entered into effective on the 25th day of March, 2019, (“Effective Date”) by and between the HILLSBOROUGH TRANSIT AUTHORITY, hereinafter referred to as “HART” and BENJAMIN T. LIMMER, hereinafter referred to as the “Employee”.

WHEREAS, the Board of Directors of HART (“Board of Directors”) is authorized pursuant to Florida Statute §163.565, et seq., and its Charter to enter into contracts on behalf of HART and to appoint and fix the compensation of the Executive Administrator; and

WHEREAS, HART desires to employ Employee as Executive Administrator, under the title Chief Executive Officer, and Employee desires such employment; and

NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the parties hereby agree as follows:

Section 1: Duties and Responsibilities

(a) HART agrees to employ the Employee as Chief Executive Officer and the Employee hereby accepts such employment upon the terms and conditions set forth in this Agreement.

(b) Employee shall, and agrees to perform in good faith, the duties and responsibilities of Chief Executive Officer as provided herein.

(c) Employee shall maintain his office at the headquarters of HART.

(d) Employee shall supervise and manage the affairs of HART under the direction of the Board of Directors, and shall perform such other duties and responsibilities as may be assigned from time-to-time by the Board of Directors.

(e) The Employee shall report to and be accountable to the HART Board of Directors, by and through its Chairman (“Chairman”), for the satisfactory performance of his duties.

Section 2: Conditions of Employment

(a) Employee shall devote his entire productive time, attention, skill and energies to the business of HART, subject to the policies, supervision and direction of the Board of Directors.

(b) Employee shall not, during the term of this Agreement be engaged in any other business unless such other activity has been authorized in writing by the HART Board of Directors. Activities involving State or National trade organizations are considered the business of HART. The provisions of this paragraph are not intended to restrain Employee from normal civic activities, professional and academic studies, publication activities, or time in such activities. The Employee

ATTACHMENT II

# 11340437 v955 6-55

may do minimal part-time work, such as lecturing or expert testimony if authorized by the Chairman.

(c) Upon the request of HART, Employee shall furnish to HART an application for fidelity bond acceptable to a surety named by HART. The cost of the bond, if any, shall be borne by HART.

Section 3: Term of Employment

Subject to the provisions for termination set forth in Section 5 of this Agreement, the term of Employee’s employment under this Agreement shall continue until March 24, 2022 with two (2) one (1) year extensions. The extensions shall be exercisable by the Board of Directors pursuant to a notification of Employee on or before the expiration date of any term of this Agreement. The term of employment may be extended beyond the provided extensions at any time during its term by mutual written agreement of HART, as authorized by the Board of Directors, and Employee.

Section 4: Compensation

As compensation to Employee for the services rendered to HART, Employee shall be paid a base salary (“Base Salary”) at an annual rate of Two Hundred Ten Thousand Dollars ($210,000.00) starting as of the Effective Date. Employee is also entitled to a bonus ranging from zero (0) to ten (10) percent of his Base Salary dependent upon his performance pursuant to Key Performance Indicators (“KPI”) as such indicators shall be determined by the Board of Directors.

(a) Employee shall accrue annual leave at the maximum accrual rate pursuant to HART’s employment policies for executive level employees. Under current HART policies that includes an annual accrual of twelve (12) sick days, twenty-five (25) PTO days and five (5) administrative days. The administrative days will be available to Employee immediately, as they are not accrued but restart at the beginning of each Fiscal Year. Additionally, forty (40) hours of PTO will be placed in Employee’s Leave Bank upon the first day of employment.

(b) HART agrees to purchase, or be self-insured, for Officer’s Liability Insurance covering the Employee in an amount, set by the Board of Directors at its discretion, and equal to that provided for the members of the Board of Directors.

(c) Employee shall receive an annual deferred compensation contribution to a designated 401(a) or another account of the Employee’s choosing during his employment under this Agreement at the rate of fifteen percent (15%) of Base Salary, (“Deferred Compensation”) prorated annually for any partial years. To the extent the Deferred Compensation amount is in excess of the maximum amount allowable for a designated 401(a) plan, the excess amount shall be paid to an account of the Employee’s choosing in order to obtain the full fifteen percent (15%) Deferred Compensation. HART has provided no tax advice and accepts no responsibility for the tax treatment of any amount in excess of that contributed to the designated 401(a) account.

(d) Employee shall additionally be entitled to the conditions of employment which are, from time to time, available generally to other non-bargaining unit employees of HART, including without limitation, dental or other group insurance, disability benefits, holidays, sick leave, and participation in HART’s other deferred compensation plans, pension and retirement program, in addition to those items of additional compensation specifically set forth herein to the extent

ATTACHMENT II

# 11340437 v956 6-56

consistent with applicable law. Sick leave, which is accumulated by the Employee, shall be treated consistently with the policy for said leave applicable to non-bargaining unit employees.

(e) Consistent with paragraph (d) above, HART shall pay any applicable premiums to the same degree as other non-bargaining employees are provided. In addition, HART shall reimburse Employee for an annual Executive Physical performed in Hillsborough County, to the extent that said expense is not covered by insurance.

(f) HART shall reimburse Employee for reasonable and necessary expenses of the Employee incurred in the performance of his duties and responsibilities as set out in this Agreement upon presentation, in accordance with HART’s procedures for determining authenticity and reasonableness of expenses and based upon detailed statements of such expenses.

(g) HART shall pay dues, memberships, and associated expenses related to the performance of his duties. The payment of such expenses is a general benefit to HART, serves the best interests of HART and shall not be considered as compensation to Employee. Employee shall be entitled to accumulate frequent flyer miles and hotel affinity program rewards.

(h) The Employee’s designation of beneficiary for any and all benefits, which survive his death, is attached to this Agreement and by reference made part hereof as Exhibit A. The Employee may, at his discretion, change the designated beneficiary by notifying HART in writing of the change without affecting any other provision of this Agreement.

(i) The Employee compensation also shall be determined by HART pursuant to Section 7 paragraph (a) herein. HART shall also have the option to increase the annual compensation of Employee based upon existing market considerations as evaluated by the HART Board of Directors.

Section 5: Termination/Suspension

(a) This Agreement may be terminated:

(i.) by mutual agreement of Employee and HART, and upon such terms and conditions as are agreed to in writing by Employee and HART;

(ii.) by the adoption of a resolution approved by the affirmative vote of the majority of the full Board of Directors for the removal of Employee as Chief Executive Officer;

(iii.) by resignation of Employee, provided Employee shall have provided sixty (60) days written notice, unless the parties otherwise agree in writing;

(iv.) by HART if Employee is unable to perform his duties and responsibilities because of sickness, accident, injury, mental incapacity, or health for a period of three (3) successive months; and

(v.) by the death of the Employee.

ATTACHMENT II

# 11340437 v957 6-57

(b) HART may suspend the Employee with full pay and benefits by the adoption of a resolution setting forth the reasons for the suspension approved by the affirmative vote of the majority of the full Board of Directors.

(c) Unless Employee is terminated for cause (“For Cause”) as provided in Section 6 below, Employee shall be entitled to severance pay equal to the statutory maximum amount allowed by law.

(d) Notwithstanding the foregoing, nothing in this Agreement shall limit the rights and remedies the parties may otherwise have in the event of a breach of this Agreement by the other party not cured within thirty (30) days from the written notice of such breach delivered in the manner and otherwise as provided herein.

Section 6: Compensation after Termination

(a) If this Agreement is terminated under Section 5(a)(ii) by the adoption of a resolution and the grounds for Employee’s termination are “for cause”, HART shall have no further obligation under this Agreement other than as specifically provided herein, and said termination shall be effective as set forth in said resolution. “For cause” is defined as the following:

(i) Misconduct by the Employee as defined in Section 443.036, Florida Statutes;

(ii) Employee’s willful, deliberate and intentional breach of duties, obligations or policies of HART;

(iii) Employee’s willful, deliberate and intentional violation of Part III, Chapter 112, Florida Statutes, Code of Ethics for Public Officers and Employees;

(iv) Employee’s continued neglect of duties or obligations required of the Chief Executive Officer after written notice of same;

(v) Employee’s continued violation of HART’s written rules and policies (including any codes of conduct, employee handbooks, etc.) after written notices of same;

(vi) Employee’s commission of any criminal act amounting to a felony or any act of moral turpitude while employed as Chief Executive Officer of HART;

(vii) Employee’s conviction of an illegal act in his public or private capacity involving theft, fraud, misappropriation or embezzlement of funds;

(viii) Employee’s engagement in acts, which would constitute grounds for immediate dismissal of any employee by HART under HART policies, now existing or as may be subsequently enacted.

(b) If this Agreement is terminated under Section 5(a)(iii), HART shall have no obligations under this Agreement other than providing such benefits to Employee as other employees of HART would be entitled to upon resignation.

ATTACHMENT II

# 11340437 v958 6-58

(c) If this Agreement is terminated under Section 5(a) (iv) by Employee’s disability or under Section 5(a) (v) by death of Employee, HART shall provide the same benefits as HART provides to its other senior management personnel for such a termination.

Section 7: Performance of Standards and Evaluation

(a) Performance Standards and Evaluation for Merit Increase. The Board of Directors shall annually review the Employee based upon the KPI performance standards currently applicable to the performance of the Chief Executive Officer of HART. These standards may be updated and/or elaborated by the Board of Directors. The Board of Directors may elect to grant a merit increase from zero up to the maximum level budgeted for non-bargaining unit employees based on a review of applicable KPI performance standards. Such merit increase shall be effective on the same date as the merit increase is effective for non-bargaining unit employees. Additionally, the Board of Directors may evaluate the performance of the Chief Executive Officer on other more subjective criteria that the Board should deem appropriate and determine whether an additional merit increase would be appropriate and if so, in what amount.

(b) Time of Evaluations. Each of the above evaluations will, to the extent feasible, take place within six (6) to twelve (12) weeks after the end of each fiscal year unless the date for same is otherwise extended by the Board of Directors and shall take effect on the first day of the new fiscal year, unless the Board of Directors specifically denotes differently.

Section 8: Hold Harmless

To the extent permitted under the Florida Law, HART shall hold harmless Employee from any claim or legal action arising out of Employee’s actions as Chief Executive Officer of HART. To the extent Chief Executive Officer is acting within the scope of his employment responsibilities as provided herein and is not otherwise engaged in an unlawful act, HART shall provide the legal defense of any such claim or legal action or shall otherwise pay Employee’s legal fees, costs and expenses incurred in same. Legal fees to defend the Employee will be paid by HART at the point expenses are incurred. If Employee is determined by a court to be guilty of breaking the law or otherwise acting outside the scope of his responsibilities as Chief Executive Officer, as determined by applicable state law, Employee shall repay HART for all fees and costs expended in defending Employee.

Section 9: Additional Transitional Expense Reimbursement

(a) HART shall pay Employee’s costs of relocation. Employee shall obtain three quotes directed to HART from recognized entities engaged in moving personal property from one city to another. HART will work directly with the relocation companies for payment in lieu of Employee having to be reimbursed. HART will compensate the Employee to cover any tax liabilities incurred as a result of the relocation payment.

(b) HART shall pay Employee the cost of temporary housing pursuant to a temporary housing allowance. Such allowance shall be in the amount of Two Thousand Dollars ($2,000.00) per month, not to exceed six (6) months. In the event Employee enters into a long-term lease, i.e. one year or longer, or acquires a permanent residence, the temporary housing payment shall cease with the last month in which Employee resides in the temporary quarters. In no event, however,

ATTACHMENT II

# 11340437 v959 6-59

shall the temporary housing allowance exceed six (6) months. HART will compensate the Employee to cover any tax liabilities incurred as a result of the temporary housing payment.

Section 10: Other Terms and Conditions

(a) Any notice to HART under this Agreement shall be furnished in writing by Employee to the Chairman at the business address on file. Any notice to Employee under this Agreement shall be furnished in writing by HART to Employee at: , or such address as he shall specifically provide in writing to the Chairman and General Counsel in the same manner as all notices are to be provided herein. All such notices must be sent by first-class mail or delivered in person by messenger or by some means, which evidences receipt of the information, by the recipient for such purposes.

(b) This Agreement contains the entire agreement of the parties and supersedes any prior agreements or understandings whether oral or written.

(c) This Agreement can only be changed, terminated or modified by written agreement executed by both parties.

(d) This Agreement is personal to Employee and cannot be assigned to any other person.

(e) This Agreement shall be binding upon and inure to the benefit of the Employee’s executors and heirs.

(f) This Agreement shall be interpreted, construed and applied according to the Laws of Florida. Venue for any action shall be in Hillsborough County.

(g) The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof and the Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

(h) The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party.

(i) In the event, during the term of this Agreement, HART or any part thereof, should be liquidated or dissolved, or should discontinue its normal operations for any reason, or assigned in any way, resulting in the termination of Employee then the total compensation due under Section Four of this Agreement remaining unpaid shall be considered a debt of HART and shall not be discharged by reason of any of the stated events.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date aforesaid. HART EMPLOYEE By: ____________________________ By: ______________________________

ATTACHMENT II

# 11340437 v960 6-60

Lesley “Les” Miller, Chairman Benjamin T. Limmer HART Board of Directors Employee Date: _____________ Date: _____________ __________________________________ ___________________________________ Witness: Witness: _________________________________ ___________________________________ Witness: Witness: Approved as to form David L. Smith, Esquire HART General Counsel Date: Exhibits: A. Designated Beneficiary (ies)

ATTACHMENT II

# 11340437 v961 6-61

Exhibit A

DESIGNATED BENEFICIARY

This attachment is an integral part, and by reference made part of the Employment Agreement between HART and Benjamin T. Limmer effective March 25, 2019.

I, Benjamin T. Limmer, hereby designate _________________________________ as a beneficiary of any funds due me under the provisions of this contract should termination be by death.

In the event of the death of _________________________________, I designate the administrator of my Will to receive the funds and distribute same for benefit of _______________________________________________.

By: Date: Witness: Witness:

Hillsborough Transit Authority TOD Ad Hoc Committee Meeting

January 28, 2019

10-1

Committee Members Present (6) Staff Present Adam Harden Danielle Arthur Commissioner Pat Kemp Greg Brackin David Mechanik Ruthie Reyes Burckard Chris Cochran C John Melendez Lynda Crescentini Commissioner Kimberly Overman Scott Drainville Councilmember Mike Suarez Kenyatta Lee Ivan Maldonado Committee Members Absent (0) Lena Petit Lillybeth Salas Frank Wyszynski Others Present David Smith, GrayRobinson Veronica Brezina Jay Collins, Planning Commission Catherine Coyle, City of Tampa Laura Everitt Anthony Garcia, MPO Brandie Miklus, HNTB

Sign-in sheets are attached. CALL TO ORDER Ad Hoc Committee member Pat Kemp called the meeting to order at 9:01 a.m. PLEDGE OF ALLEGIANCE Pledge of Allegiance followed. PUBLIC COMMENT ON AGENDA ITEMS (3 MINUTES PER SPEAKER) No one signed up to speak. PRESENTATION US Department of Transportation’s (USDOT) Transit Oriented Development (TOD) Pilot Planning Program Grant Chris Cochran, Director of Service Planning, spoke about the $800,000 grant HART was awarded in December 2018 to evaluate existing TOD policies for the Tampa Streetcar Extension and Tampa Arterial BRT Study corridors. He stated that the goal of the project will be to establish a consistent methodology, utilizing form-based and transit-based development initiatives, to assist in the development of a sound, feasible policy and regulatory framework for the future creation of the Station Area Plans and transit-oriented development regulations. Mr. Cochran noted that the project will establish a viable path for the determination, approval, and adoption of specific Station


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Area Plan boundaries, typologies, and baseline site and building orientation, placement, and form characteristics, for each station type. He said the implementation of these plans will include creating a detailed, form-based, regulatory framework for City & County-initiated land development code amendments and area re-zonings. HART partnered with the Metropolitan Planning Organization (MPO) and the City of Tampa for the project. Anthony Garcia, MPO Comprehensive Plan Policy Review Team Leader, and Catherine Coyle, City of Tampa Planning and Urban Design Division Manager, were available for discussion. A full copy of the presentation is available upon request from the Clerk of the Board at [email protected]. Committee member Suarez arrived at 9:06 a.m. Committee member Mechanik stated that the City and the County have defined roles in the project. He inquired how HART will contribute to the project. Mr. Cochran stated that the Tampa Arterial BRT study that is involved in the project is a HART project and HART will be the one seeking funds, creating public-private partnerships (P3), and making recommendations of stations locations. He noted the importance of working closely with the City and Planning Commission to ensure that what is done coincides with policies and future land use work. He stated that the complete partnership on the project is the City of Tampa, Planning Commission, and HART, but Hillsborough County is not a partner. Committee member Harden inquired if a written scope and an outline of the phases are available for the Committee’s review. Mr. Cochran stated that staff will send out the grant application with the scope summary. He outlined that Phase One will focus on the Tampa Streetcar Extension Project; Phase Two will focus on the Tampa Arterial BRT study along Nebraska Avenue and Florida Avenue; and Phase Three will be focused on the Tampa Arterial BRT study along Fowler Avenue. Committee member Harden asked if the kickoff will be to hire a consultant or beginning public outreach. Mr. Cochran explained that a strategy meeting will be held with the partners to establish a timeline, evaluation criteria and ensure that all members are on the same page. Committee member Harden inquired if the entire area to be covered is in the incorporated City of Tampa and if there are any scenarios that might land in the area of the county. Mr. Cochran answered the entire study area is in the City of Tampa, but noted that the north end point of the study was intentionally left vague because of the uncertainty of the location of an intermodal center. He said part of the study is making a recommendation for that location and possible connections to other modes. Committee member Suarez stated that there was a TOD Committee about five years ago when he first joined HART to discuss how TOD works in relation to transit agencies. He noted that the role of the transit agency is often forgotten in terms of directing development and owning land that may be used as a lease that then gets built on by a developer. Committee member Suarez recalled



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a previous discussion with Mr. Garcia who stated that there was not enough available land that could be part of a TOD development. He asked if that is still true in the Nebraska Avenue/Florida Avenue corridor. Mr. Garcia spoke specifically about the Nebraska Avenue/Florida Avenue corridor and stated that there are finite amounts of land, but the biggest problem with an analysis in the Seminole Heights area is the smaller parcels along the corridor. He noted the degree of difficulty will be partially predicated on the type of stations that will be used in the corridor which will probably be mostly neighborhood stations and how frequent they are based on density of the corridor. Mr. Garcia stated that there will need to be further analysis to see if there will be parcel assemblies to be used for stations along that corridor. Committee member Suarez inquired what size determines a neighborhood station as opposed to a community station. Mr. Garcia stated that there has been a change in the size since the previous station plans were designed over ten years ago. He noted that Hillsborough County was the first region in the State of Florida to initiate TOD-related policies. Mr. Garcia stated that it now will be predicated on the results of the analysis, but there should be a good idea of what is needed about halfway through the project. He noted that neighborhood stations have a quarter mile impact. Committee member Suarez asked what, in his opinion, needs to be changed on the City and County comprehensive plans to accommodate TOD. Mr. Garcia noted that that there will have to be verifications made in terms of the fixed guideway process and some clarification of TOD as it appears nationally. He stated that part of the project will be to review those policies and make any needed changes. Committee member Suarez inquired when land acquisition and partnerships with private developers should start. Mr. Garcia noted that P3s are critical to a good TOD system and should already be taking place. He explained that jurisdictions should always be looking where the potential arterials are, finding opportunities for TOD, and acquiring the land. Committee member Melendez commented that there are a lot of parts and the Committee is the place where all the information can converge and move forward. Committee member Melendez stated that he was invited to participate on the Technical Advisory Panel (TAP) for Jacksonville Transit Authority (JTA) in regards to TOD, and shared the report with the Committee members. Committee member Melendez noted that the TAP consisted of developers, planners and transit professionals, who looked at different sites to determine potential challenges. Committee member Melendez noted that TAP put an extra emphasis on feasibility when selecting potential locations. He commented that the major factors that the TAP considered were incentives and attractiveness; and remarked that this became challenging. Committee member Kemp noted the importance of TOD work and remarked that, in her opinion, TOD has not been dealt with well in the past due to the lack of transit availability. She voiced her


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concern that TOD opportunities are being lost every day. Committee member Kemp stated that the Tampa Arterial study was about to start, while the Heights Mobility Study is happening in the same area and asked for clarification on any coordination of the projects since both are FDOT studies. Mr. Cochran stated that HART has worked closely with DOT about slowing down the Heights Study for the purpose of having the BRT study getting ramped up. He stressed that the Heights Mobility Study will not be guided by the BRT study but it will inform the Heights Study on the future of transit in terms of station locations, connectivity fluidity to other transit, and pedestrian safety. Committee member Kemp confirmed that the results of the BRT study will be available before the Heights study. She commented on the placement of stations typically are closer together in American cities as opposed to further out which moves transit move quickly. Committee member Kemp inquired how that idea is being integrated in the design. Mr. Cochran commented that it is yet to be seen, but will be evaluated as the Comprehensive Operation Analysis is review during the project. He noted that HART has internal bus stop policy referencing spacing based on density that will need to reviewed which will be done now with the project and possible redesign with new assumed funds Committee member Overman stated her understanding of the challenges. She spoke in references to the City land use and possible incentive packages to be provided and inquired what HART will provide and who it will be provided to. Committee member Overman asked if the recommendations from this Ad Hoc Committee will be approved by the HART Board before recommending to the City and inquired about the project’s timeline. Mr. Cochran stated that the recommendation from the BRT study is in no way meant to guide any final decisions that will be made in the Heights Mobility Study, they are simply meant to inform. He commented that the Heights Mobility study is not aimed at transit but connectivity and how that works in the community. Committee member Overman commented that working in silos creates less effective solutions. The Heights Mobility study in the ground zero phase and wants transit in the area so it will play a part. She stated that the ultimate goal and impact on the same corridor will need to be known across all three studies. Committee member Suarez stated that this Ad Hoc Committee gives an opportunity to make a decision on TOD options. He noted that the studies are there to give information/suggestions to build a TOD system moving forward. Committee member Suarez gave an example of Cleveland, Ohio, that has a very robust acquisition for TOD purposes which he believes should be the next goal in the TOD development. He said, in his opinion, this AD Hoc Committee is the driver in the process. Committee member Harden inquired which Agency is controlling and funding the Heights Mobility Study.


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Mr. Cochran answered that FDOT is paying for it and this study has been underway for a while. Committee member Harden asked if there is an intent to combine the grants into one scope for one project. Mr. Cochran stated it was not considered and doubted that the funding could be combined. He noticed importance of timing of the study, since there is much going on in the corridor and a lot of change is occurring in the Heights. Committee member Harden inquired if the location of the TOD could possibly impose a tax on the area surrounding the development and if that should be studied in this project. Mr. Cochran stated that there will be a portion of the study that reviewed that but the pilot will look at it in detail. He noted that the scope focuses less on the TOD opportunities to eliminate the risk of focusing only on evaluations of real estate. Committee member Harden asked about the timeframe for selecting the vendors for the BRT and TOD study. Mr. Cochran stated that a recommendation for the BRT study will be discussed at the March HART Board meeting; and a recommendation for the TOD study will be presented to the Board in June. Committee member Melendez stated that he sees the committee as operating at a high level with discussion is meant for general framework. He noted that the main goals given for the project will be to establish a consistent methodology, feasible policy and regulatory framework. Committee member Melendez commented that part of the study is determining what needs to change from a regulatory standpoint with the City and MPO so that streetcar extension and BRT study can be advanced as details are made available. He summarized that the committee is using a high level review to create the viable path for future plans. Committee member Kemp commented that Florida Ave is exploding in terms of development causing more traffic on a very narrow road. She noted the portion of Florida Avenue from Downtown to Sligh Avenue is a narrow road bed for mobility, transit, cars, and pedestrian walkways. Committee member Kemp expressed her concern for the TOD opportunities that are getting lost by not acquiring the few slivers that are available. She asked if there are other places with this issue that have instituted a preservation plan for land. Ms. Coyle spoke about coordination of working together on all current studies in the community stating that all working groups are feeding information in each study and pulling information needed for their studies. She noted that the segment mentioned will be studied in the project, but the bottom line is that the road is very narrow and there are single family neighbors behind it. She noted that the maximum amount of space that was available on the street was 100-120 feet of depth in the lots for commercial use and they were widen as much as possible; however, through the public hearing process, many of the widening was cut back. Ms. Coyle explained that some of the problems can be addressed through the four base code that exists for Seminole Heights by setting back the build-to lines, but those are some of the finite points that will hopefully come from the study. She commented that the growth is happening quickly and faster than anticipated, even with


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no economic incentive. Ms. Coyle stated that once a line is drawn for transit and the stations are planned, there is automatically increased land use. She offered to share some of the information from the Urban Land Institute National Council for TOD. Mr. Smith, HART General Counsel, stated that the information is allowed to be shared, but recommended sending the information through staff. Committee member Mechanik noted HART’s position to do more land acquisitions. He asked for assurance that the development incentives will still be used. Ms. Coyle stated that the goal is to automatically create incentives. She gave an example of creating a community station which will create those incentives and commented that will be part of the project. Ms. Coyle noted importance of eliminating hurdles, setting the land use, and design the parameters. Committee member Harden noted that the project was far along with the comprehensive land use overlay in place. He asked if the study can get into the details and point out areas where the zoning concepts can be well written with TOD concepts of land use. Ms. Coyle stated that it speaks to the finer details that will come out of the project. She noted that the missing piece of that issue will be the refinement of the policies and taxes for better clarification. Committee member Harden inquired if she and Mr. Garcia will be present at the evaluation committees for the vendors to ensure maximum value for the grant money. Ms. Coyle stated that the City will be there since they are partners on the project. Committee member Overman stated that she was the past Chair of the Chamber of Commerce and understands the setbacks due to land and parking issues. She recommended that when the street is made more uniform to still create the incentives in spite of the given constraints. Committee member Overman stated that she has been waiting for two crosswalks for three years. She stated her understanding of the time the process takes, but asked for accelerations of the project that are desperately needed. Committee member Kemp asked for information about the set asides that were discussed earlier in terms of what is laid out now for the overlay. Committee member Melendez noted that when sites are built, generally, people walk and bike there, not drive. He stated that some sites may not be desirable, but are feasible. Committee member Melendez commented that safety components are important and that can be accomplished through intergovernmental communication. Ms. Coyle noted that public outreach will be done with the developers and the community. Committee member Suarez stated that as more TOD is implemented, developers will build for it. He commented that for developers, it is about how much money can be made, and therefore transit


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is not a part of their plan. Committee member Suarez noted that with HART being the controlling factor and the City’s partner, TOD should be able to be implemented with the new resources. He emphasized importance of a strong transit agency to facilitate development and drive the process forward. Ms. Coyle noted importance of attracting national and international developers. Committee member Suarez remarked that the difference between Tampa and other places is that Tampa has the narrow streets and a limited number of large parcels. He stated that this project is for the entire Tampa arterial area, north/south and east/west. Committee member Suarez commented that the closer to a true grid we can get, the better service there will be. Committee member Kemp stated that she believes the development is there and waiting for the transit. She noted that there is a high density of people who need mobility, whether it is frequent transit, walkability, or bicycle. Committee member Kemp commented that development will come with building of a great transit system with walkability to the stations. Ms. Coyle commented that happens in design phase, whereas, this is the beginning where the goals are determined, so it is important to have that information of all the needs. Committee member Overman stated that as the policies start to be developed for the urban core, it is important to also include business owners. She mentioned that is the corridor becomes too successful, it will raise the property values to the point when employees of nearby businesses will not be to live in the community. Committee member Overman suggested having a component of affordable housing, possibly in P3 agreements. Committee member Melendez recalled a conversation he had at the recent APTA conference where a transit official shared with the group that his transit agency was a victim of its own success, as the area became so developed that the cost of living grew too high for anyone who uses transit to live there. He noted that it will be one of the challenges that has to be accounted for. Committee member Suarez stated that Minneapolis, MN, made a plan for affordable housing specifically for that reason. He explained that the role HART has with TOD is to ensure that transit is on the most used corridors but also develop partnerships with the municipalities to ensure that affordable housing is made available. Committee member Suarez noted that frequent normal transit makes it easier for developers to come in and decide. He further explained that if the Agency owns the land and leases it to a developer, that revenue stream can assist the operating funds for the transit which is a component of TOD. Committee member Suarez commented that there is density in the area but nothing like in major cities and that may grow and change which is another component of TOD. Ms. Coyle stated that she can send best practices to the committee from other areas in terms of plans that include affordable housing. She gave the example of San Francisco, CA who placed a mandate in the district with TOD that 10% of housing units must be affordable housing which she stated is the common practice. Ms. Coyle stated that program is strictly voluntary for the City of Tampa.


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Committee member Kemp noted that these are city and county policies, not policies from the transit agency. Committee member Suarez noted that transit agencies have an incredibly important role in TOD, not just the City dictating a Comprehensive Plan. He commented that the plan is for the whole City; however, the City has not had a partner with HART due to lack of interest. Committee member Suarez stated that HART is now interested and will have funding to give those incentives and transform development of the area. He noted that it is all about cooperation on all the studies concurrently. Committee member Harden asked about the scope of deliverables for grant. He explained that a few issues were discussed until now, such as affordable housing, disconnect in some areas about zoning, and land use. Committee member Harden stated that there is density and a lot of big decisions to be made about the types of stations and their locations. He mentioned the dog track on Nebraska Avenue that might be available as well as a surprising number of parcels along Florida Avenue. Committee member Harden stated that he would like to see deliverables to ensure that the grant money is used to the full extent. He suggested adding clarifications to the outcome so not much has to be inferred, and suggested details that should be included. ELECTION OF CHAIR AND VICE CHAIR Ad Hoc Committee member Suarez nominated Committee member Mechanik for the position of the TOD Ad Hoc Committee Chair. All Ad Hoc Committee members present voted aye. The nomination passed unanimously. Ad Hoc Committee member Harden nominated Ad Hoc Committee member Kemp for the position of the Ad Hoc Committee Vice Chair. All Ad Hoc Committee members present voted aye. The nomination passed unanimously. INTERIM CHIEF EXECUTIVE OFFICER’S REPORT Ruthie Reyes Burckard, Chief Operating Officer, requested that the Ad Hoc Committee members determine the frequency of the Committee’s meetings. Committee Chair Mechanik inquired when next deliverable will be available. Mr. Cochran stated that next steps will be a conference between all partners to create a scope that will be used for the bid of a consultant for the project. He noted that the contract will probably go to the HART June Committee to be approved at the July Board meeting. Committee Vice Chair Kemp suggested meeting every other month and adjust the schedule as needed. Committee member Suarez clarified that the next meeting will be the last Monday of March. Committee member Melendez stated that given the intense level of discussion held at this meeting, the Ad Hoc Committee will probably want to review the scope before it is released.


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Committee member Harden concurred. Mr. Cochran stated that he will have a draft scope prepared for the Ad Hoc Committee’s feedback at the next meeting. Committee Chair Mechanik asked staff to send the scope in advance for review before the meeting. He asked for staff to set the schedule for the committee to meet every other month and circulate the schedule in an email format. CHAIR’S REPORT Committee Chair Mechanik had no report. ADJOURNMENT The meeting adjourned at 10:26 a.m.



PHONE NUMBER

Danielle Arthur Employee 6517Lena Petit Employee 6552Frank W Employee

LAURA EVERITT GUEST 813-523-8635Ivan Maldondo Employee

Gregory Brackin Employee 6315Veronica Brezina Media

Ruthie Reyes Burckard Employee 6313Lillybeth Salas Employee 4557Chris Cochran Employee 4453Tony Garcia GUEST 813-272-5940

Lynda Crescentini Employeejay collins planning commission 813-272-5940

TRANSIT ORIENTED DEVELOPMENT AD HOC COMMITTEE MEETING

28, 2019JANUARY


PHONE NUMBER

Brandie Miklus Guest 813-402-4170catherine coyle city of tampa planning 813-274-7702

PUBLIC COMMENT

WHEN ADDRESSING THE BOARD, please state your name and


COMMENT ON AGENDA

ITEM


JANUARY 28, 2019

PUBLIC COMMENT


COMMENT ON AGENDA

ITEM


JANUARY 28, 2019

Hillsborough Transit Authority Finance and Audit Committee Meeting

February 18, 2019

10-10

Committee Members Present (8) Staff Present Adam Harden Danielle Arthur Commissioner Pat Kemp Sylvia Berrien Marvin Knight Greg Brackin Rich McClain Joan Brown C John Melendez Chris Cochran Councilmember Gil Schisler Lynda Crescentini Councilmember Mike Suarez Kenyatta Lee Melanie Williams Lena Petit Lillybeth Salas Committee Members Absent (1) Jeff Seward David Mechanik Cyndy Stiglich Frank Wyszynski Others Present David Smith, General Council Dr. Robert Bertini, Director of CUTR, USF Gary Cloyd, Transit Advocate Andy Fobes, HNTB Corporation Joel Rey, Tindale Oliver

Sign-in sheets are attached. CALL TO ORDER Mr. David L. Smith, HART General Counsel, called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE Pledge of Allegiance followed. APPROVAL OF MINUTES Committee member Harden moved and Committee member Williams seconded approval of the minutes from the November 19, 2018 Finance and Audit Committee meeting. All Committee members present voted aye. The motion passed unanimously. PUBLIC COMMENT ON AGENDA ITEMS (3 MINUTES PER SPEAKER) Mr. Gary Cloyd, transit advocate, spoke about item 6b. He noted that the appropriations cycle started on February 1 in Washington, DC. Mr. Cloyd stated that this would give HART a chance to invite elected officials for a visit to see what USF is doing to improve transit technology. ELECTION OF CHAIR AND VICE CHAIR Director Harden nominated Director McClain for the Office of Committee Chair. All Committee members present voted aye. The nomination passed unanimously. Director McClain nominated Director Harden for the Office of Committee Vice Chair. All Committee members present voted aye. The nomination passed unanimously.


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Committee Chair McClain thanked the committee for their vote of confidence. DISCUSSION ITEM Future Service Planning/Transit Oriented Development (TDP) Update Mr. Jeffrey C. Seward, Interim Chief Executive Officer, recalled that at the February 1 Board meeting, he recommended a sole source procurement to award Tindale Oliver, the firm that completed the most recent system redesign, a contract to update the TDP. He stated that after conversations with the stakeholders, the Board Chair, and the incoming CEO Benjamin Limmer, there is an alternate plan in place. Mr. Seward remarked that he was comfortable that HART would do a sole source procurement with that contractor should the Board approve that method; however, he felt strongly that the most prudent method is to go out for a completive solicitation for the planning initiatives of the tax. He reminded that the plan to be submitted by the September 30 deadline is a plan for the following year and not a long-range plan. He explained that HART currently has the TDP, already adopted by the Board, which will allow the Agency to move forward with a more thoughtful approach on the planning for the future use of the revenue including different types of modes, buses, vehicles, etc. He reported that he expects to have the solicitation vetted by internal staff and Mr. Limmer within four weeks after the March 4 Board meeting. Mr. Seward stated that the solicitation would be concluded with Mr. Limmer on board, allowing him to own the process and lead the project. He noted that the solicitation may result with more than one vendor. Mr. Seward also recalled the request raised by Director Suarez to research right-of-way acquisition of CSX tracks. Mr. Seward stated that he has scheduled a meeting to start a dialogue. He outlined the other ongoing projects happening in the next few months: FDOT and HART BRT study and autonomous vehicles. Mr. Seward stressed that this is a once in a lifetime opportunity to improve transit the right way in the next 30 years through extensive public engagement and thoughtful planning. Committee member Kemp arrived at 9:08 am. Committee member Suarez arrived at 9:13 am. Committee member Williams asked for clarification on the plan. Mr. Seward recalled his previous recommendation at the December Board meeting to implement the first five years of the TDP as rapidly as possible. Mr. Seward pointed out that the money would not became unavailable until January of 2020, slowing the planning process and reverting back to the TDP status quo. He explained that the new planning process is to dismantle the current TDP and start fresh with the added resources and determine what direction to go in. Mr. Seward stated that the recommended plan to be submitted to the IOC will probably be incremental parts of the current TDP with some amendments. He added that one amendment will be a bus purchase based on the need. Mr. Seward commented that future IOC plans will be based on the plan created by the new consultant(s) that will be vetted through extensive and robust community engagement through workshops, brainstorming sessions, and listening sessions with current and future riders and stakeholders.


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Committee Vice Chair Harden asked for clarification on an earlier comment that any submitted plans to the IOC can be revised throughout the year. Mr. Smith answered affirmatively, stating that an amendment process that is being contemplated. Committee Vice Chair Harden stated that the proposal for services to the IOC appears to be an a la carte approach from the current TDP. He recalled the Board’s desire to expedite the community involvement plan for amendment and not to lose the momentum due to the lawsuit. Committee Vice Chair Harden asked how the amended request for proposals will be structured so there is an understanding of the process. Mr. Seward explained that one consultant may be good at engineering and one may specialize in community engagement. He further explained that there will be two distinct components within that proposal. Mr. Seward said the first component is the community engagement that will be much more robust than previously done with specific deliverables as a product. He gave the example of the engagement currently happening in Plant City through meetings with the Mayor, companies in city and the economic development specialists. Mr. Seward commented that the CSX dialogue is growing stronger, and there are meetings with the City and county this week on future planning. He stressed that HART is engaging the community now to ensure that the plan is morphed to accommodate the needs of Plant City in the 2020 proposal to the IOC. He concluded that the RFP will have a strong public outreach process, and be brought back to the Board for feedback. Committee Vice Chair Harden asked when the contract for the consultant should be presented to the Board, and inquired if the title search for the CSX tracks was ever pursued. Mr. Seward answered that the contract should be coming before the April Board. He stated that the intent was to perform the title search and it was attempted through many avenues, but it did not happen. Mr. Seward reiterated that staff is starting a dialogue now with the assistance of Holland & Knight. He noted the CSX organization is going through internal reorganization, which delayed the discussions, but the relationships will be developed today for Mr. Limmer to pursue in the future. Mr. Smith stated that Gray Robinson would be happy to pull the title. Committee Vice Chair Harden asked for the title to be circulated when received. Committee member Melendez noted Mr. Seward’s comment about light rail and stated that the additional funding opens the opportunity for additional modes. He inquired if it was a general comment or if specific discussions were occurring regarding the topic. Mr. Seward stated that there are no plans in process and it was an example of another possible mode in the future. He stressed to the public and the Committee that the financial situation of HART has not changed and the Agency is still under the adopted budget with no additional resources.


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Committee member Melendez noted that he has heard people in the community claiming to develop “study fatigue”. He stated his concern that there are so many other studies occurring simultaneously. Mr. Seward stated that the recommendation from Mr. Limmer and himself is that the previous engagement of the $400,000 sole source procurement is off the table. He commented that staff recommendation now is to go out through a traditional bid process. Committee member Melendez inquired about next steps in a financial cost sense and asked if the cost will be consistent with the past. Mr. Seward stated that the COA/TDP redesign was approximately half million dollars and staff is anticipating a similar amount for this update. He noted that the RFP will include a community and stakeholder outreach engagement with a deliverable of a solid plan of what and where the community needs and wants. Mr. Seward commented that several lessons were learned though the Mission MAX implementation. He noted that community and business engagements need to be frequent and repetitive. Mr. Seward stated that HART senior staff will be involved in the community oureach before reviewing the TDP. Committee Chair McClain asked when Mr. Limmer is expected to start. Mr. Smith stated that the employment contract is under negotiation, but Mr. Limmer is expected to start in the timeframe of late March or early April. Committee member Suarez confirmed that the TDP shows services that are budgeted. He commented that HART will now have the option of bonding out some of the surtax referendum money and stated that the Board is going to have to discuss how much of the money will be bonded out and what that is going to produce. Committee member Suarez asked if the TDP redesign will be based on the assessment of those dollars first. He noted that the TDP is usually for ten years; however, this money is for 30 years and most of it will be bonded for that amount of time. Mr. Seward stated that a firm has been hired to structure financial models. He noted HART’s unique position in allowing money to go to operating funds. Mr. Seward commented that a fair balancing will have to be done between what can be bonded in lieu of what will be utilized for operating so the bonding capacity will be lower than other partners. Committee member Suarez commented that the total amount of money is never put in the bond fund, but placing a significant amount in will go towards some of the capital cost towards building an extensive and robust system, which is everyone’s goal. He noted that the there will need to be money towards operations for more and frequent bus services, but the other part of it is fixed guideway in cooperation with municipality partners. Committee member Suarez inquired how long it will take to come up with a bond model for the incoming funds to go forward in conjunction with the TDP, assuming the current lawsuit is resolved in May. Mr. Smith reminded the Committee that May 3 is currently set for the final hearing and cross motions for final judgement.


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Mr. Seward stated that HART is not using that May date as a basis for planning and instead, should have a model within the next two months. He gave a hypothetical timeframe of approximately six months for the articulation of projects, with the planning completed two months after that. Committee member Suarez expressed that he wants to ensure that the Agency is prepared for availability of the funds. He commented that he did not want to get into TDP discussions without knowing capital and operating needs. Committee member Suarez stated that there should be good planning in the fall with the new CEO onboard and have all the public input to discuss short and long-term plans. Mr. Seward stated that PRAG has already been hired to work on financial models for bond and debt capacity. Committee member Suarez asked for the City to be included in discussions, since they are engaged in the same tasks and can collaborate with HART. Committee member Kemp said she does not expect a solution in May, predicting that there will be an appeal to the Florida Supreme Court, which would delay availability of the funds by another year. She spoke about importance to move the TDP forward because the plans developed before were not synced with this budget level. Committee member Kemp echoed the earlier comments that Mission MAX did not have robust outreach in either business or public community. She explained that it was not a serious public engagement and she wants to see something hugely different for this engagement. Committee member Kemp inquired about the cost of the most recent TDP update. Mr. Seward said it was $400,000, split between the TDP and COA. Committee member Kemp stated that she is happy to hear about the meeting with CSX and noted importance of looking at the crossings. She confirmed that the acquisitions of buses and stops are part of capital projects. Mr. Seward answered affirmatively. Committee member Kemp asked who would fund the service that would come from the arterial BRT study funded by FDOT. Mr. Seward stated that he believes it would be a combination of the road, being FDOT, and the actual BRT components, which would be HART’s responsibility. He explained that this is the reason for the studies, to understand financial implications and responsibilities. Committee member Kemp confirmed that HART is looking into bonding and availability of bonding, but nothing can move forward until project has been selected by the Board out of the TDP. Mr. Seward echoed his previous comment that the projects will have to be identified by the Board before money is bonded. He explained that money that will be received starting in March will be sequestered to start investment gains on the funds. Mr. Seward further explained that once projects


February 18, 2019

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are identified, the Agency will move forward with the bonding. He noted that the current project of the new Heavy Maintenance Facility would be ready to move forward for bonding. Mr. Seward recommended not to bond for buses, as they will be bought with capital funds. He commented that for the first time in HART’s history, the capital budget will be funded by local funds, federal funds, grant, and bond proceeds. Committee member Kemp clarified that the proposal will go to the IOC before September for both the capital and operating projects to be approved, so that when money is available, the proposal will have been pre-vetted and the project can move forward. Mr. Seward reiterated that the proposal to the IOC for this year would be the current adopted TDP with minor changes to include Plant City. He explained that the plan from consultants will not be ready to submit to the IOC this year nor is it needed to be. Mr. Seward mentioned that the plan can also be amended if necessary. Committee member Schisler cautioned starting the public outreach with not knowing the amount of money available for new services. Committee Chair McClain stated the importance to have the plan to move forward once the money becomes available. He thanked Mr. Seward for the detailed information. COMMITTEE ACTION ITEMS

a. Authorization for the Interim Chief Executive Officer to Award a Contract for the Tampa Arterial BRT Study to Tindale Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000 Mr. Christopher Cochran, Director of Service Development, reported that HART has procured planning and design services for transportation infrastructure and improvements to improve local, street-level bus service along Florida, Nebraska and Fowler Avenues and adjacent corridors as well as corridors that intersect with these three corridors between the USF Tampa Campus and downtown Tampa. He indicated that the project will foster development that supports local land use plans as well as long-term economic growth and will be funded entirely by FDOT. Committee member Melendez noted importance of partnerships with other agencies. He asked how this study relates to the other studies currently conducted in the area. Mr. Cochran explained that the closest study is the Heights Mobility Study, and it has slowed down for the opportunity for this study to progress and help move the mobility study forward. He noted that the results will have an impact on the intermodal center planned in the USF area. Mr. Cochran mentioned the grant recently awarded to HART for TOD land use and property codes that will run in the same area. Committee member Melendez asked how many sufficient responses were received. Mr. Cochran responded that only two responses were received.


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Committee member Melendez clarified that the negotiations with the first firm did not succeed so the second firm was procured. He inquired about the duration of the contract. Mr. Cochran answered affirmatively and stated that completion is expected in 28-30 months. Committee member Melendez asked if details of the tasks, such as man-hours, are available for the Committee’s review. Ms. Cyndy Stiglich, Interim Director of Procurement, stated that a Best and Final Offer (BAFO) has not been requested, but will be available for the March Board meeting. She noted that she has gone through the rates and found them in line with the FDOT’s rates. Committee member Melendez commented that he would have liked to see more than two responses. He inquired if there were other consultants that could have applied and chose not to; and if the solicitation went back out, would more responses be received. Mr. Cochran noted that each consultant has sub consultants in their proposals. He stated that for a project this large it is appropriate for multiple firms to collaborate. Committee member Melendez asked for the fee sheets or tasks to be available to the Board, considering that the total cost of the project is $2.5 million. Committee Chair McClain stated that he does not believe that the Board should get involved in such minor details. He commented that the $2.5 million would be spent over a 28-month period. Committee Chair McClain also commented that for a large project, it is not unusual for only two large firms to respond. Committee member Suarez inquired about the problem in negotiations with the other firm, Kimley Horn. Mr. Seward stated that the process started in July of 2018 and staff could not reach an agreeable solution on the final contract amount. Committee member Williams echoed Committee member Melendez’s comment that $2.5 million is a lot of money and asked about the deliverables for the project. Mr. Cochran explained that there will be a significant amount of public outreach and community engagement specific to avoiding duplication of existing services while being mindful of public outreach fatigue. He further explained that the majority of the money is set aside for future tasks of design and engineering of priority projects to build a BRT system in the corridor. Mr. Cochran stated that the cost of the project depends on a mode and area size, but he believes that this is a fair and consistent price for such scope. Committee member Kemp moved and Committee members Harden and Suarez seconded advancement of this item to the March 4, 2019 regular Board of Directors meeting.


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Committee member Kemp shared Committee member Melendez’s concerns about the lack of responses. She noted that there appears to be a monopoly forming in the areas for transit planning in the region which is concerning to her. Committee member Kemp commented she would not look into the details of the contract and stated that typical design contracts are around this amount and paid by the County and/or FDOT. She said this is the reason why she wants an outside firm to come and do the system redesign. Committee member Kemp pushed back about the public outreach fatigue referenced and stated that the fatigue is for the empty outreach, not engaging outreach with community leaders. She stated that there is a real hunger in the community for true engagement. Committee member Knight stated that staff did not provide enough information to vote on the project. Committee member Schisler inquired how many other studies have been done on the arterial BRT route and how is this study different. Mr. Cochran stated that there have been plenty of studies done between USF and downtown since they are the two significant connectivity points in Hillsborough County for population centers and jobs. He noted that specifically for BRT, he is unaware due to his limited time in the area. Mr. Cochran explained that this study is unique in moving the information to this level and ultimately trying to put in place a long-term vision of BRT in this corridor. He noted that the primary project may not be fixed guideway, but this can lay the foundation for it. Committee member Schisler stated that the last time a study similar to this was done, the Temple Terrace City Manager reached out and strongly urged the study to continue to Interstate 75. He noted that 55,000 cars a day traverse Fowler Avenue, all heading to and from I-75; therefore, keeping Temple Terrace out of the discussions and study is really doing a disservice to a lot people. Committee member Schisler stated that he will support if it is extended to I-75. Committee member Melendez clarified that his earlier comment was about study fatigue, not public outreach fatigue. He inquired if the scope of services from the contract or RFP should be provided to the Board members as it is a public document. Mr. Seward stated that there currently is not a contract so to share the information is disingenuous and out of context of the negotiation process. He clarified that this item is a request to give the ICEO authority to engage in the contract once it is solidified and present at the March Board meeting. Committee Chair McClain suggested including the scope of services in the March Board meeting packet. Committee member Kemp commented that there were no studies for BRT on Florida Avenue. She echoed Committee member Schisler’s comments that the study should extend to I-75 and confirmed that it is not included in the study. Mr. Cochran stated that the study limits were set by FDOT, not HART.


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Committee member Kemp spoke about importance of including Fowler Avenue from USF to I-7. She asked if there was a way to amend the study to include that portion. Committee members Harden, Kemp, McClain, and Suarez voted yea. Committee members Knight, Melendez, Schisler, and Williams voted nay. The motion failed.

b. Authorizing the Interim Chief Executive Officer to Execute a Research and Technical Assistance Master Agreement between HART and the University of South Florida Board of Trustees Mr. Cochran stated that HART is seeking authorization to develop a master agreement with the Center for Urban Transportation Research (CUTR) at the University of South Florida for research and technical assistance with HART projects. Dr. Robert Bertini, Director of CUTR, USF, said his goal is to make it easy to work with CUTR and these master agreements have been made with several entities in the Tampa Bay region. He explained that it creates an opportunity to work together while resolving the legal and procurement issues in advance. Committee member Kemp moved and Committee member Melendez seconded advancement of this item to the March 4, 2019 regular Board of Directors meeting. All Finance and Audit Committee members present voted aye. The motion passed unanimously.

c. Authorization to Delegate Contracting Officer Authority to the Named Employees in the Procurement Department Committee member Suarez moved and Committee Vice Chair Harden seconded advancement of this item to the March 4, 2019 regular Board of Directors meeting. All Finance and Audit Committee members present voted aye. The motion passed unanimously.

d. Approval of Revisions to HART Board Policies - 400: Employment Policies, 430: Substance Abuse Program Policy Committee Vice Chair Harden moved and Committee member Kemp seconded advancement of this item to the March 4, 2019 regular Board of Directors meeting. All Finance and Audit Committee members present voted aye. The motion passed unanimously.

e. Approval of Employment Contract with Chief Executive Officer Mr. Smith stated that negotiations are ongoing with no obstacles, just corrections to the contract language. He commented that it is very close to completion and should be done by the March 4, 2019 Regular Board of Directors meeting. Committee member Suarez clarified that there is no recommendation to come from the Committee.


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INTERIM CHIEF EXECUTIVE OFFICER’S REPORT Budget Amendment Mr. Seward recalled that at the December Board meeting, he had discussed coming to the Board with a budget amendment and noted that the timeframe for the amendment is in April or May. He explained that irrespective of not being able to spend the sale tax revenue, the Authority still has to recognize the revenue. Mr. Seward further explained that the additional time will allow for Mr. Limmer to come onboard and make any additional personnel changes that he needs. He commented that he will have one-on-one meetings with all Board members prior to the Board meeting. CHAIR’S REPORT Committee Chair McClain stated that conversations during the Committee meeting can continue as much as needed to complete due diligence. ADJOURNMENT The meeting adjourned at 10:30 a.m.


NAME ORGANIZATION**Optional

CONTACT INFORMATION**Optional

NAME ORGANIZATION**Optional

CONTACT INFORMATION**Optional

PUBLIC COMMENT

WHEN ADDRESSING THE BOARD, please state your name clearly into the microphone. Each citizen will have three minutes to comment.

NAME CONTACT INFORMATION**Optional

GENERAL COMMENT

COMMENT ON AGENDA

ITEM

PUBLIC COMMENT

WHEN ADDRESSING THE BOARD, please state your name clearly into the microphone. Each citizen will have three minutes to comment.

NAME CONTACT INFORMATION**Optional

GENERAL COMMENT

COMMENT ON AGENDA

ITEM


March 4, 2019

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REPORTS FROM HART BOARD REPRESENTATIVES Highlights of Metropolitan Planning Organization Meeting – February 5, 2019 The following highlights crucial items presented to the Metropolitan Planning Organization (MPO) Board of Directors Meeting held on February 5, 2019. CONSENT AGENDA A. Committee Appointment B. Multimodal Level-of-Service Evaluation C. MPO Bylaws Amendment D. Letter Requested by BPAC on Review of Trail Realignments The Board approved all items on the consent agenda. ACTION ITEMS A. 2019 Safety Performance Targets The MPO Board approved the 2019 Safety Performance Target set by MPO staff as follows.

• Number of Fatalities (2019 Year-end Total): no more than 163 • Number of Fatalities (Five-year Rolling Average): no more than 188 • Number of Serious Injuries (Five-year Rolling Average): no more than 1,354 • Number of Nonmotorized Fatalities and Serious Injuries (Five-year Rolling Average): no

more than 229 • Rate of Fatalities per 100 million Vehicle Miles Travelled (MVMT) (Five-year Rolling

Average): no greater than 1.33 • Rate of Serious Injuries per 100 million MVMT (Five-year Rolling Average): no more than

9.55

B. Southshore Transit Re-evaluation The MPO Board approved the Southshore Transit Study Re-Evaluation. Items of interest and concerns discussed by Board members included:

• The timing of phases • Plans for Bloomingdale Avenue • Ferry Service to MacDill and projected ridership • Coordination with CSX plans for US 41 • Concurrence with the proposal for mobility hubs • Exclusion of first mile –last mile option due to inefficiencies shown around the country

C. MPO Policy Positions for 2019 A major discussion was held concerning HB 385 sponsored by Representative Avila- “Requires certain authority members to comply with financial disclosure requirements; limits levy of and revises authorized uses of certain surtaxes; revives Pilot Rebuilt motor vehicle inspection program; revises provisions relating to DOT design plan approval, transportation project programs, toll collection & use, & MPO membership; repeals pts, I & V of ch. 348, related to Florida Expressway


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Authority Act & Osceola County Expressway Authority Law.” The MPO Board’s major concern with the proposed bill is that it restricts the use of the transportation surtax to capital only thus delete a major funding source for operating. The MPO Board and the MPO will compile a group to visit with Representative Avila and Senator Diaz. The proposed group will consist of MPO Directors impacted by the proposed bill, Hillsborough County Public Officials and lobbyists of the HART, Hillsborough County, and the City of Plant City. STATUS REPORTS A. FDOT District 7 Freight Plan, Sub-Area Study & Local Freight Improvements FDOT provided an update on local freight improvements in District 7 area including the Sabal Park Area Freight Analysis. The analysis seeks to develop a plan of viable alternatives to enhance freight connectivity and minimize conflicts on S.R. 574, I-75, Crosstown Expressway and Orient Road. B. Heights Mobility Study FDOT provided a progress update on the Heights Mobility Study. The study team continues to work with the community to develop a long-term vision for transportation improvements in the Greater Seminole Heights/Tampa Heights area, especially, along the Florida Avenue and Tampa Street/Highland Avenue corridor between downtown Tampa and the Hillsborough River. The study included the evaluation of dedicated transit lanes as an option for Florida Avenue. However, HART would have to improve travel patterns and increase frequency for dedicated transit lanes to remain an option. Public feedback reveals areas of concerns that include safety, connectivity and access, improvements for walking and biking, and the need for transit improvements. Members of the MPO Board recommended the acceleration of the safety projects that were identified in the study.

Prepared by: Linda Walker, Planner II, Land Use Reviewed by: Christopher Cochran, Director of Service Planning Ruthie Reyes Burckard, Chief Operating Officer

Approved by: Jeffrey Seward, Interim Chief Executive Officer


March 4, 2019

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REPORT FROM HART BOARD REPRESENTATIVES Tampa Historic Streetcar, Inc. ~ February 2019 The Tampa Historic Streetcar, Inc. (THS) Board of Directors held its regular meeting on February 20, 2019. The Board approved the minutes from the January 16, 2019 regular Board meeting. The following is a recap of the key items that were discussed: Mr. Brian Allan, Director of Streetcar Operations, presented the Streetcar Performance Report. He highlighted that there were 82,996 riders in the month of January which is over triple the number from January 2018. Mr. Allan noted that the Birney restoration is ongoing, with the interior being finished up and roof added. The Board approved the financial commitment and car reservation to support the Winter Village Express for 5 weekends. The program was very successful the previous years. The Board approved delaying the Board officer elections until May or June when a new Mayor will be elected and appoint members to the THS Board as there are currently four City of Tampa vacancies. Grant Mehlich, GCM Insurance & Risk Management Advisors, LLC, presented the renewal of the CSX crossing insurance. He noted the minimal increase in premiums despite the exposure doubling. Vanessa Brooks, Director of Communications and Marketing, stated that the new website was launched in January of 2019 and so far staff has received positive reviews. She also noted that the streetcar real time locating is on the OneBusAway app. Ms. Brooks announced an upcoming campaign called “Wake Up with the Streetcar” which will run in March to enhance morning ridership. The following resolution was approved: Resolution #R2019-02-02 ~ Accepting the Final FY2018 Audited Tampa Historic Streetcar, Inc. Financial Statements The Board members received the monthly compliance and performance reports. If you wish to view the Board packet for the THS Board of Directors Meetings in their entirety, please visit http://www.tecolinestreetcar.org/board/ths_board_packet.pdf

Prepared by: Danielle Arthur, HART Administrative Assistant Approved by: Michael English, THS Board President

http://www.tecolinestreetcar.org/board/ths_board_packet.pdf


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STATUS REPORT ~ FINANCIAL HIGHLIGHTS Period Ending January 31, 2019 Key Information Points: We are 33% through the Fiscal Year with our target to trend as closely to that as possible with

expenditures; Year to date operating expenses are at 34% of the annual budget but when upfront costs are

normalized that drops to 33% which is at target

Key Takeaways: Total revenue is above target which is customary for this period (due to timing of Ad Valorem

receipts); Fare & Pass revenues, when combined, are at 34% of budget and on track with target; Total expenses are within 1% of target with a few categories that have notable causes:

o Operational Contract Services Costs are ahead of target due to certain upfront payments (e.g, software licenses) that apply to the full year o Marketing and Printing expenses are running ahead of target due to more robust branding,

marketing and community/outreach initiatives o Other Expenses are ahead of target due to the majority of tax collector commissions

expense being recorded in December (this corresponds to the Ad Valorem revenue timing)


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% of Budget % of BudgetAnnual YTD Budget to collected Annual YTD collected Budget Actual Actual to date Budget Actual to date

Operating Revenues:Total Fare (Cash) Revenues $5,743,493 $1,030,288 ($4,713,205) 18% $3,462,602 $1,042,687 30%Total Pass Revenues 6,621,777 $3,186,620 (3,435,157) 48% 10,418,155 $3,217,033 31%Advertising Income 936,472 171,522 (764,950) 18% 828,367 219,987 27%Interest Income 199,180 162,385 (36,795) 82% 80,000 73,304 92%Other Income 301,468 129,759 (171,709) 43% 774,330 100,601 13%Ad Valorem 44,264,946 38,672,129 (5,592,817) 87% 40,112,746 36,192,250 90%Federal Operating Grants 12,582,352 156,516 (12,425,836) 1% 11,411,608 85,099 1%State Operating Grants 7,694,318 2,816,736 (4,877,582) 37% 5,379,360 159,950 3%Local Operating Contributions 2,976,000 150,000 (2,826,000) 5% 650,000 378,440 58%Tampa Historic Streetcar, Inc. 618,578 403,200 (215,378) 65% 633,728 250,103 39%Fund Balance - Operating (3,010,842) 0 3,010,842 0% (3,183,506) 0 0%

Total Operating Revenues $78,927,742 $46,879,155 ($32,048,587) 59% $70,567,390 $41,719,455 59%

% of Budget % of BudgetAnnual YTD Budget to expended Annual YTD expended Budget Actual Actual to date Budget Actual to date

Operating Expenses:Salaries and Wages $38,125,205 $14,619,325 ($23,505,880) 38% $36,399,248 $13,698,377 38%Fringe Benefits 15,523,756 4,820,892 (10,702,864) 31% 13,059,708 4,697,857 36%Fuel and Oil 4,622,782 1,374,750 (3,248,032) 30% 3,324,951 1,161,934 35%Parts and Supplies 4,401,503 1,427,598 (2,973,906) 32% 3,504,584 1,233,947 35%Operational Contract Services 5,945,308 2,172,306 (3,773,002) 37% 4,925,243 2,262,037 46%Administrative Contract Services 1,281,311 291,597 (989,714) 23% 1,612,533 378,860 23%Legal Services 652,930 83,774 (569,156) 13% 690,905 56,690 8%Marketing and Printing 753,441 289,906 (463,535) 38% 533,935 121,757 23%Insurance Costs 3,756,387 641,038 (3,115,349) 17% 3,447,475 1,070,002 31%Utilities 1,073,149 215,053 (858,096) 20% 1,061,145 275,633 26%Taxes and Fees 129,187 35,750 (93,437) 28% 145,351 31,240 21%Other Expenses 2,662,783 1,158,387 (1,504,396) 44% 1,862,312 957,996 51%Total Operating Expenses $78,927,742 $27,130,375 ($51,797,367) 34% $70,567,390 $25,946,330 37%

Fiscal Year 2019 Fiscal Year 2018

All Mode Major RevenuesFiscal Year 2019 Fiscal Year 2018

All Mode Major Expenses


March 4, 2019

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Cash in the Bank Overview HART’s cash is managed in two accounts; for the primary account HART utilizes the State of Florida’s local government investment pool, Florida PRIME, as its primary source of cash holdings. Considered low-risk and conservative in its investment strategy, Florida PRIME allows HART to attain a higher yield compared to that of a typical bank cash-flow concentration account. The second account is a concentration account at Bank of America for receiving deposits and managing Payroll and Accounts Payable disbursements. The graphic below depicts the cash on hand as of the day listed, as it is fluid and changes day to day.

Prepared by: Joan Brown, Director of Financial Operations Approved by: Jeffrey C. Seward, Interim Chief Executive Officer

Account Total

Florida Community Bank 3,593,447.30$ SBOA 27,443,323.19$ Total 31,036,770.49$

CURRENT CASH BALANCE 31,036,770.49$

CASH ON HAND (as of 1/31/19)


March 4, 2019

12-4

STATUS REPORT Ridership and Productivity ~ January 2019 January 2019 Ridership All mode ridership increased 14.1% compared to January 2018.

Mode Total Year FY 20181

Total Year

FY 2019 Percentage

Change January FY 2018

January FY 2019

% Change

Total Ridership 3,905,030 4,068,686 4.2% 943,176 1,022,141 8.4%

Express Ridership 144,163 159,963 11.0% 36,492 42,399 16.2%

Streetcar 104,923 282,949 169.7% 25,221 82,996 229.1% Paratransit2 55,403 64,998 17.3% 13,828 16,767 21.3%

Taxi Voucher4 26,352 27,461 4.2% 6,244 6,900 10.5% Flex5 29,346 27,516 -6.2% 7,297 7,032 -3.6%

Total All Modes 4,121,054 4,471,610 8.5% 995,766 1,135,836 14.1%

Highlights • Express Routes 24 and 25 continue to show solid performance with the highest passengers

per revenue hour.

• Since launching the free and extended Streetcar service, January 2019 streetcar ridership is up 229.1% compared to January 2018.

• January 2019 HARTPlus ridership is up 21.3% compared to January 2018 and Taxi voucher service increased 10.5% compared to January 2018.

Cost per Passenger Cost per passenger is presented as non-audited numbers and subject to restatement. Cost per passenger can vary when presented as a single month because expenses encumbered will vary depending on items acquired and billing cycles. Year-to-date is more pertinent and the numbers will ‘smooth out’ as the year progresses and present a truer picture of actual cost. The table below is the FY 2019 comparison to FY 2018 for January:

January 2019 Bus + Flex

Month* Bus + Flex FY

YTD* Paratransit

Month* Paratransit FY

YTD* FY 2018 $6.72 $5.92 $31.34 $27.79 FY 2019 $4.83 $5.62 $21.54 $26.66 % Change -3.04% -1.31% -8.34% -0.32%

*Not adjusted to revenue 1 Fiscal Year runs October 1 through September 30. 2 HART Operations Department Trapeze reports. 4 Taxi invoice 5 HART Operations Trapeze reports


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Ridership and Productivity Reports On the following ridership and productivity report, service is broken into three groups: local routes (green), express routes (red), and flex routes (blue). The chart is ranked ‘first to worst’ for the current fiscal year in passengers per revenue hour.


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Paratransit Reports

Paratransit Riders – January

January Clients Attendants Other Total FY2018 12,155 1,570 103 13,828 FY2019 14,624 1,504 182 16,310

%Change 20% -4% 77% 18%

Trip Cancellations – January

January Tot. Req. No Show % No Show Cancellations % Cancellations FY2018 15,536 267 1.72% 3,081 19.83% FY2019 18,433 319 1.73% 3,445 18.69%

%Change 19% 19% 0.70% 12% -5.76%

Trip Purpose – January

January Employment Education Medical/Hospital/ Adult Day Care Recreation Shopping Other

FY2018 1,891 2,471 5,444 1,185 496 2,341 FY2019 2,388 3,186 6,033 1,460 637 920

%Change 26% 29% 11% 23% 28% -61%

HARTPlus Certifications – January

January Certified Total Certified FY2018 105 3,470 FY2019 96 3,630

%Change -9% 5%

On-Time Performance – January

January Month Year-to-Date FY2018 98.07% 97.67% FY2019 97.4% 97.5%

%Change -0.7% -0.2%

Prepared by: Christina Buchanan, Service Planner/Scheduler I Reviewed by: Ruthie Reyes Burckard, Chief Operating Officer Approved by: Jeffery Seward, Interim Chief Executive Officer

ATTACHMENT

Monthly Ridership ComparisonYear-to-Date January January

FY 2018 FY 2019HART Service FY 2018 FY 2019 % Change Ridership Ridership % Change

Fixed Route Bus 3,905,030 4,068,686 4.2% 943,176 1,022,141 8.4%TECO Streetcar 104,923 282,949 169.7% 25,221 82,996 229.1%ADA Paratransit 55,403 64,998 17.3% 13,828 16,767 21.3%Taxi Voucher 26,352 27,461 4.2% 6,244 6,900 10.5%HART Flex 29,346 27,516 -6.2% 7,297 7,032 -3.6%

All Mode Total 4,121,054 4,471,610 8.5% 995,766 1,135,836 14.1%Wheelchairs on Fixed Route 14,911 14,672 -1.6% 3,393 3,557 4.8%Bikes on Buses 68,096 68,439 0.5% 16,175 17,155 6.1%U-Pass Program 99,922 104,347 4.4% 25,001 27,024 8.1%

Monthly Ridership Comparison

January JanuaryFixed Route Detail FY 2018 FY 2019 FY 2018 FY 2019

Number of Weekdays 82 86 21 22Number of Saturdays 20 17 5 4Number of Sundays 21 20 5 5No Service or Emergency Closure Days 0 0 0 0

Total Service Days 123 123 31 31% Change % Change

Weekday Local Ridership 3,050,780 3,170,133 3.9% 729,151 812,918 11.5%Saturday Local Ridership 409,601 393,696 -3.9% 108,809 92,222 -15.2%Sunday Local Ridership 300,486 351,577 17.0% 68,724 74,602 8.6%Express Ridership 144,163 159,963 11.0% 36,492 42,399 16.2%

% Change % ChangeWeekday Average Ridership 37,205 36,862 -0.9% 34,721 36,951 6.4%Weekday Average Express Ridership 1,758 1,860 5.8% 1,738 1,927 10.9%

Combined Weekday Average Ridership 38,963 38,722 -0.6% 36,459 38,878 6.6%Saturday Average Ridership 20,480 23,159 13.1% 21,762 23,056 5.9%Sunday Average Ridership 14,309 17,579 22.9% 13,745 14,920 8.6%

Calculations are subject to monthly adjustment/restatement

Ridership, FY 2018 vs FY 2019

FY 2018 vs. FY 2019Complete Fiscal Year

12-7

FY 2018 FY 2019 % Change Jan. FY 18 Jan. FY 19 % ChangeBus Vehicle Hours 207,341 220,581 6.39% 52,043 55,958 7.52%Bus Revenue Hours 199,093 207,699 4.32% 50,039 53,656 7.23%Bus Vehicle Miles 2,582,018 2,834,296 9.77% 645,556 719,431 11.44%Bus Revenue Miles 2,383,853 2,577,326 8.12% 596,274 652,378 9.41%

Flex Vehicle Hours 7,212 7,239 0.37% 1,802 1,878 4.22%Flex Revenue Hours 6,223 6,210 -0.21% 1,555 1,594 2.51%Flex Vehicle Miles 110,664 110,272 -0.35% 27,270 28,486 4.46%Flex Revenue Miles 83,228 82,725 -0.60% 20,615 21,177 2.73%

Paratransit Vehicle Hours 41,724 45,885 9.97% 10,512 11,433 8.76%Paratransit Revenue Hours 34,884 39,831 14.18% 8,659 9,870 13.98%Paratransit Vehicle Miles 588,392 673,566 14.48% 144,960 173,052 19.38%Paratransit Revenue Miles 505,799 589,232 16.50% 124,371 151,239 21.60%

Taxi Revenue Miles* 145,670 116,260 -20.19% 26,537 30,127 13.53%

Streetcar Vehicle Hours 4,122 6,823 65.51% 1,050 1,793 70.75%Streetcar Revenue Hours 4,097 6,128 49.56% 1,043 1,606 54.01%Streetcar Vehicle Miles 22,066 36,335 64.66% 5,620 9,549 69.90%Streetcar Revenue Miles 21,558 35,444 64.42% 5,118 9,317 82.04%

HART System Vehicle Hours 260,399 280,527 7.73% 65,407 71,062 8.65%HART System Revenue Hours 244,297 259,869 6.37% 61,296 66,726 8.86%HART System Vehicle Miles 3,448,810 3,770,730 9.33% 849,943 960,645 13.02%HART System Revenue Miles 3,140,108 3,400,987 8.31% 772,915 864,237 11.82%*Vehicle and Revenue hours/miles for Taxi Voucher are equalCalculations are subject to monthly adjustment/restatement

Hours and Miles by Mode

Source: HART Ridership Reports and Trapeze Scheduled Service Revenue Hour Report

12-8

Route productivity, Passengers per Revenue Hour & Mile (YTD)Monthly Year-to-Date FY 2018 FY 2019 FY 2018 FY 2019January Passengers per Passengers per Passengers per Passengers per

Local Routes FY 2018 FY 2019 % Change FY 2018 FY 2019 % Change Revenue Hour Revenue Hour Revenue Mile Revenue Mile42 - Fowler Ave.* 31,287 33,159 NA 122,704 132,635 NA 27.71 28.63 2.883 2.962400 - Nebraska-Fletcher MetroRapid 91,146 95,218 4.5% 358,953 385,108 7.3% 24.18 28.30 2.026 2.6296 -56th Street 100,857 112,864 11.9% 415,635 443,138 6.6% 29.58 26.98 2.581 2.2421 - Florida Avenue 79,872 90,976 13.9% 330,904 347,531 5.0% 25.45 26.88 2.319 2.46112 - 22nd Street 71,054 70,526 -0.7% 295,137 288,645 -2.2% 26.26 25.65 2.401 2.36237 - West Brandon/Netp@rk 31,023 32,799 5.7% 122,451 127,321 4.0% 23.32 24.57 1.547 1.63539 - Busch Boulevard 52,145 54,509 4.5% 220,552 218,533 -0.9% 22.68 22.46 1.621 1.61734 - Hillsborough Avenue 72,350 83,713 15.7% 298,407 338,809 13.5% 25.93 21.75 2.012 1.77938 - Mango - Netpark* 10,512 11,464 NA 43,163 44,021 NA 22.29 21.28 1.485 1.4305 - 40th Street 35,337 34,855 -1.4% 146,898 144,108 -1.9% 20.44 20.01 1.716 1.69716 - Waters - Rowlett 28,953 28,378 -2.0% 113,676 110,597 -2.7% 18.57 19.74 1.785 1.65815 - Columbus Drive 26,873 29,945 11.4% 111,232 115,863 4.2% 17.29 18.19 1.528 1.59430 - Town 'N Country/Airport 31,943 30,547 -4.4% 139,493 123,515 -11.5% 18.96 17.67 1.734 1.6729 - 15th Street 27,497 30,815 12.1% 117,427 124,008 5.6% 16.54 17.65 1.506 1.61219 - Downtown - TGH - South Tampa 23,974 24,153 0.7% 101,047 94,163 -6.8% 17.82 17.13 1.808 1.58617 - Port Tampa - Britton Plaza* 7,524 8,468 NA 29,984 33,794 NA 15.91 16.76 1.484 1.57732 - Dr. Martin Luther King Jr. Boulevard 25,308 27,037 6.8% 106,865 109,576 2.5% 16.05 16.57 1.298 1.31414 - Armenia -- Howard 20,980 23,898 13.9% 80,056 96,031 20.0% 13.31 15.43 1.076 1.2598 -Progress Vilage/Brandon 33,692 31,257 -7.2% 144,857 134,195 -7.4% 15.86 14.80 1.154 1.08136 - Dale Mabry Hwy./Himes Avenue 30,760 31,025 0.9% 130,948 121,428 -7.3% 15.38 14.50 1.442 1.36235 - NWTC - TIA* 15,926 NA 58,723 NA 13.30 0.9717 - West Tampa/HCC 13,521 15,855 17.3% 59,193 58,381 -1.4% 12.89 13.09 1.272 1.30645 - Yukon - Westshore 19,648 16,722 -14.9% 85,482 71,762 -16.1% 14.53 12.60 1.205 1.04633 - Fletcher Avenue 16,382 17,381 6.1% 68,212 72,137 5.8% 11.11 11.57 1.058 1.11946 - Brandon Blvd. 6,825 9,034 32.4% 30,515 36,483 19.6% 13.72 10.80 0.912 0.76448 - Temple Terrace* 10,156 NA 40,015 NA 9.81 0.81331 - South Hillsborough County 5,564 5,255 -5.6% 22,196 22,597 1.8% 9.06 9.12 0.437 0.447

System Total 895,027 975,935 9.0% 3,695,987 3,893,117 5.3% 20.65 20.16 1.74 1.692

Blue = Routes performing 75% or higher above the local system average75% of Local System

Average 15.12

Red = Routes performing 60% or lower than the local system average60% of Local System

Average 12.09* - Route begun October 8, 2017Calculations are subject to monthly adjustment/restatement

Ridership, FY 2018 vs. FY 2019 Ridership, FY 2018 vs. FY 2019


12-9


FLEX Routes FY 2018 FY 2019 % Change FY 2018 FY 2019 % Change Revenue Hour Revenue Hour Revenue Mile Revenue MileNorthdale FLEX 3,156 2,907 -18.6% 12,057 11,071 -8.3% 7.95 7.38 0.683 0.644South Tampa FLEX 1,444 1,513 -13.6% 6,427 6,108 -7.8% 6.07 7.46 0.453 0.430Brandon FLEX 1,365 1,538 -12.9% 5,736 5,971 1.4% 4.16 4.31 0.350 0.362Town N' Country FLEX 593 568 -10.1% 2,447 2,455 1.8% 2.22 2.19 0.156 0.154South County FLEX 739 506 -40.7% 2,679 1,911 -27.6% 2.30 1.68 0.139 0.101

System Total 7,297 7,032 -17.6% 29,346 27,516 -7.1% 4.72 4.61 0.353 0.333

Blue = Routes performing 75% or higher above the FLEX system average75% of Local System

Average 3.33

Red = Routes performing 60% or lower than the FLEX system average60% of Local System

Average 2.66

Calculations are subject to monthly adjustment/restatement



12-10


Express Routes FY 2018 FY 2019 % Change FY 2018 FY 2019 % Change Revenue Hour Revenue Hour Revenue Mile Revenue Mile

24LX - FishHawk/Riverview/MacDill AFB Express 4,272 5,395 26.3% 15,854 18,818 18.7% 25.85 18.56 0.875 0.66925LX - South Brandon/MacDill AFB Limited Express 2,859 3,114 8.9% 11,679 11,890 1.8% 17.59 17.16 0.736 0.796360LX - Brandon-Tampa-MacDill AFB* 15,314 16,692 9.0% 57,469 67,672 17.8% 11.85 13.08 0.783 0.86360LX - Brandon-Tampa-TIA-NWTC* 16,385 4,506 -72.5% 65,016 23,932 -63.2% 14.20 9.06 0.758 0.49520X - Lutz Express 2,025 933 -53.9% 8,315 3,906 -53.0% 29.27 8.28 1.438 0.418275LX - Wesley Chapel - TIA** 0 11,531 0.0% 0 44,465 NA 4.97 5.51 0.204 0.55275LX - S. County Shopper Tues. & Thurs.* 363 228 -37.2% 1,329 1,055 -20.6% 4.48 3.32 0.183 0.136

System Total 41,218 42,399 2.9% 159,662 171,738 7.6% 13.77 9.34 0.742 0.642

Blue = Routes performing 75% or higher above the express system average75% of Local System

Average 7.0175% of Local System

Average 0.48

Red = Routes performing 30% or lower than the express system average30% of Local System

Average 2.8030% of Local System

Average 0.19

Calculations are subject to monthly adjustment/restatement* - Route begun October 8, 2017** - Route discontinued October 8, 2018


Source: HART Ridership Reports and Trapeze Scheduled Service Revenue Hour Report12-11


March 4, 2019 ______________________________________________________________________________

16-1

MONTHLY INFORMATION REPORT Procurement & Contracts Administration Activity Report ~ December 2018

A. Full & Open Acquisitions in Process

Solicitation Item/Service Value

RFP-31038 Tampa Arterial BRT Study $2,500,000.00 RFQ-31508 Solar Lighting at Wiregrass PNR $67,165.50 TO-32210 BTI- Ruskin Tax Collector Bus Bay Construction $99,543.00 IFB-33201 Security Cameras for Paratransit, Streetcar, and Bus $1,055,396.52 RFP-33471 457(b) Deferred Comp Consultant $35,000.00 RFP-33476 Tampa Arterial BRT Study Independent Review Consultation $25,059.00

PO Award-33501 CPS HR Action Plan/Focus Group $7,000.00 RFQ-33537 Installation of a Vinyl Privacy Fence $45,000.00

PO Award-33677 CADD Drawing for Bus Stop Improvements $9,000.00 RFQ-33678 MTC Drainage and Concrete Design Mod 1 $27,000.00 IFB-33702 Tire Bay Lift $55,000.00 RFP-33820 Environmental Remediation Project $308,018.81 IFB-33889 FY-19 Bulk Fluids Contract $81,482.51 RFQ-33952 Qualified Security Assessor (QSA) Service $25,000.00

PO Award-33989 HART-Hernando County-Additional Equipment & Installation $18,790.68 IFB-34084 Hazardous and Non Hazardous Waste Removal $37,189.00 RFQ-34085 Six (6) 40' Bus Repl Diesel $480,000.00

PO Award-34139 Storm water oversight for HM and 21st Ave Buildout $124,876.00 IFB-34141 BTI- Construction of ADA landing pad at Brandon Walmart $9,180.00 RFQ-34150 Body shop Services Contract $166,880.00 IFB-34174 12-Volt Commercial Battery - Contract FY19 $57,420.00 IFB-34239 Bridgestone Tire Lease- FY 19 PO $275,000.00 TO-34323 BTI A&E TO#04 Orient Road at Fairgrounds $16,570.00 TO-34324 BTI A&E TO#03 Orange Grove at Stall Rd $16,570.00

RFQ-34348 Restripe the East Bus Lot $4,200.00 RFP-34369 Tampa Innovation District Up-towner Service $235,000.00 RFP-34372 On Demand Downtown Alternative Circulator Service $652,000.00 RFQ-34389 Task Order 18 - Transit Referendum Plan & Messaging $9,900.00


March 4, 2019 ______________________________________________________________________________

16-2

B. Open Contracts: Currently there are 110 open contracts under administration, including Task Orders with a current contract value in excess of $50 million.

C. Processed Purchase Orders Under $25,000 = $478,312 87 Standard Purchase Orders totaling $275,988 115 Inventory Purchase Orders totaling $202,324

D. Sole Source Procurements RFQ-34065 - TSI Transit Safety & Security - TSI-Transit Rail Incident Investigation Course $15,458.00 RFQ-34112 - Presidio Holdings Inc. FY19 – OpenDNS $16,793.15

E. Unauthorized Procurements There were no unauthorized procurements made in the month of December 2018.

F. One Time Deviation from Procurement Manual There was 1 one time deviation from the Procurement Manual. It was issued to Gray Robinson for litigation of the lawsuit filed against HART and other agencies.

Prepared by: Darlene Lollie, Contract Specialist II Reviewed by: Cyndy Stiglich, Interim Director of Procurement and Contracts Administration Approved by: Jeffrey Seward, Interim Chief Executive Officer


March 4, 2019

16-3

MONTHLY INFORMATION REPORT Maintenance Activities ~ January 2019

Fleet Maintenance Fixed Route

Total Miles Preventative Maintenance Completed

Demand Work Orders Completed

776,335 161 387

Paratransit



192,540 32 80

Flex Service



30,170 3 11

Streetcar Maintenance

Streetcar

Total Miles/Trips Preventative Maintenance Completed


Miles – 9807 Trips 3632 21 41

Facility Maintenance • Preventative Maintenance Tasks Completed – 96 • Demand Work Orders Completed – 132 Scheduled Projects • Restripe the East lot to identify the bus lane for each vehicle to park according to mode. We

will have an out of service lane marked in red, lanes for CNG fueled vehicles marked in blue and Diesel powered vehicles shall park in the yellow lanes.

Completed Projects


March 4, 2019

16-4

• BCI Integrated Solutions completed the annual fire alarm inspection for the HART Operations Facility, Heavy Maintenance and Preventive Maintenance buildings.

• Schindler completed the quarterly elevator maintenance for the HART Administrative Office,

Streetcar Facility and the Marion Transit Center. • Emergency backup generator inspections for the HART Operations Facility, Maintenance and

P.M. facilities.

Passenger Amenities

• Preventative Maintenance Tasks Completed – 50 • Demand Work Orders Completed – 68

Scheduled Projects • The black vinyl wrap of two MetroRapid shelters located in the Barrio district on Nebraska

and Columbus.

Completed Projects • Bus shelter solar light program: changed one solar light system for SN 8645 and completed 12

light checks for the Marion Transit Way. • Bus stop maintenance: installed one new shelter serial number 8645 for the 78th Street &

Camden Woods Drive. Repaired three bus stops for various routes due to downed or damaged stops. Repaired 23 stops due to damaged or missing ID tags or hardware.

• Preventative maintenance shelter washing: pressure washed and cleaned 41 HART shelters and nine MetroRapid shelters.

• Benches and trash receptacles: installed one new trash receptacle for the Route 46 serial numbers 7876 at State Road 60 & Walmart per customer request. Repaired 11 trash receptacles due to vandalism.

• Shelter Installations: installed two new shelters for the Route 31, serial numbers 8059 and 8060 located at US301 Hackney Road & Lake Saint Charles. Installed three new shelters for the Route60 LX Serial Numbers 8063, 8064 and 8062, located at US 301 Windemere Drive and Lake Kearney Drive and Bloomindale Avenue & Watson Drive. Installed one shelter for the Route 33 serial number 8065 located at Hidden River Parkway and Fletcher Avenue. Completed one shelter adjustment serial number 5759 for Route 36 as a portable stop for a damaged shelter. Installed 1 perforated panels due to vandalism for the MetroRapid Route 400 and completed 2 broken glass clean-ups for the Marion Transitway due to vandalism.

• Shelter Removals: removed one shelter, serial number 10051. This shelter was replaced with a black Signal Shelter in the Ybor Barrio district.

• Set up and removal for the Gasparilla Parade at locations: Greco Plaza, Channelside Garage, Pierce & Whiting I-25 & I28.

• Installation of manual bike pumping stations for Jackson & Pierce at the MetroRapid station. Prepared by: Kristin Huba, Maintenance Administrative Assistant

Reviewed by: Scott Drainville, Chief of Maintenance and Facilities Approved by: Jeffrey Seward, Interim Chief Executive Officer


March 4, 2019

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MONTHLY INFORMATION REPORT

Operations Activities ~ January 2019

Transportation Highlights

During the month of January, Operations was quite engaged in various community engagements events including the Tampa Bay Black Heritage Festival, the Dr. Martin Luther King Jr. Day parade and the Gasparilla Festival.

• Staff participated in a Safety Committee field visit of transit facilities identify and mitigate operational safety issues or concerns.

• Transportation staff participated in various networking opportunities during the Tampa Bay Black Heritage Festival, and the Dr. Martin Luther King Jr. Day parade.

• Staff participated in the Gasparilla Day Parade service delivery in support of the TECO Line Streetcar. Supplemental bus and van service was provided for the overflow crowds to the Streetcar system. Staff were at various streetcar stations and assisted with providing information and boarding passengers.

• Staff participated in an ITS Alternative Analysis Workgroup meeting with HART ITS consultants to discuss technologies needed to improve maintenances and service delivery. Operations Support Highlights

• Five new Paratransit operators graduated after completing a six -week training program, which included classroom and on-the-road training segments. That brings the total to 80 operators performing the FLEX and Paratransit services.

• HART Negotiations Team continued to meet with ATU Local 1593. Next scheduled meetings are set for February 28 and 29.

• Operations and Maintenance staff visited the Manatee County Area Transit for a demonstration for Liquid Shocks. This new system was designed to replace the OEM installed rear springs and shocks. Representatives from area agencies and other transit authorities were in attendance.


March 4, 2019

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Customer Service/Paratransit Highlights

HARTPlus January Report Activity New Recerts Total Applications Received 148 58 206 Applications Pending 41 28 69 Applications Processed 107 30 137 Conditional 25 12 37 Unconditional 39 15 54 Temporary 4 1 5 Denied 7 0 7 Withdrawn 13 0 13 Incomplete (UTP) 19 2 21 Appeals Received 0 0 0 Visitor Status Processed 4 0 4 Suspensions: 3 Certified: 96 YTD Certified: 3630

Travel Trainers Meetings and Outreaches

Suncoast Credit Union Youth/Intern Program

International Student Recruitment Center of International Education

Project Connect Outreach Health Fair - IMA Medical Group S.T.A.G.E.S. Program Women's Resource Center Love INC of Metro Tampa SPAN Forum at Metropolitan Ministries Hillsborough County Aging Services

County and Municipal Land Use Activities HART staff reviewed 8 City of Tampa and 10 Hillsborough County proposed projects during January 2019. Improved pedestrian access was recommended for all projects. Transit improvements were recommended for the Westshore Plaza Redevelopment. The proposal is for additional uses on the site to include 1,126 multi-family units, a 240 room hotel, and up to 320,000 sq. ft. of office space.

Prepared by: Ivan Maldonado, Director of Transportation Gregory Brackin, Director of Operations Support – ADA Officer Christopher Cochran, Director of Service Development

Reviewed by: Ruthie Reyes Burckard, Chief Operating Officer

Approved by: Jeffrey Seward, Interim Chief Executive Officer


March 4, 2019

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MONTHLY INFORMATION REPORT Administration Activities ~ January 2019 Human Resources

• Contract negotiations with the Collective Bargaining Unit continued.

• One HART Celebrated Wellness by having Health Educators conduct stress management tests, Holistic Chefs provided nutritional smoothie demonstrations and Massage Therapists provided chair massages for employees. The focus was intended to encourage healthy behaviors to reduce stress.

Technology and Innovation • The Technology and Innovation (T&I) Department processed 403 Service Desk tickets in the

month of January 2019. 326 in total were closed fast track with 72 closed in less than 24 hours. As of January 31, 2019, there were 14 Service Desk tickets pending.

• T&I Department upgraded our firewall firmware which added additional cyber security

functionalities. • T&I Department conducted configuration maintenance on the Microwave satellite antenna

between HART’s Ybor and 21st Avenue locations. This microwave link is used for users’ applications and phone communications between our office locations.

Safety and Security/Training

• The Safety Department worked with the Procurement Department to complete the Transit Vehicle Security Procurement. The entire HART fleet is estimated to be retrofit with new security cameras by May 31, 2019.

• The Safety Department completed annual FDOT Safety and Security Certification for fixed route.

• The Training Department developed new Certified Operator Instructor Academy in partnership

with the University of South Florida. This Academy will provide first in class professional development for bus operators working as line instructors with new students.

Communications and Marketing

• Marketing Marketing completed 53 graphic design projects in support of HART initiatives to include the development of the following collateral:

Pioneers & Innovators of Transportation: bus vehicle wrap, fleet interior cards, shelter stop ads, email signature block & social graphics, HART's FY2019 Success Plan, Employee Handbook, HART Innovators of Transportation MLK Day newsprint ad,


March 4, 2019

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HART Legislative Sheets: Heavy Bus Maintenance Facility, ITS, Stormwater, Electric Vehicles, Public Safety Fleet, Art on HART Unveiling Event: programs, commemorative artists cards & displays and January Bus & Van Operator Graduating Class invitation & event program.

• Community Engagement

Activities Total Activities Attended: 19 These activities reached a total of 9,764 people through various communication channels, of which 531 engaged directly with staff. Activity Highlights:

• MLK Jr. Day Parade • Tampa Bay Black Heritage Music

Fest • TOBA Leadership Breakfast • Black Heritage Leadership

Luncheon • HCC & UT Back to School weeks • Art on HART Unveil • COMTO Nat’l Conference Kick-Off

Material Distribution Total Locations Visited: 11 Location Highlights:

• Tampa Convention Center • Temple Terrace City Hall • Shriners Hospital • Tampa International Airport

• Advertising Sales January is the ninth month of the new contract year (three years with two one-year options) for Vector Media, formerly Direct Media USA (Transit Advertising). Revenue is split 63% HART and 37% Vector Media with a guaranteed monthly amount of $56,784.

Brandon5% Heights/East Tampa

5%

National/Int'l5%

West Tampa11%

Downtown/Ybor26%

County-wide48%

Activities, by Area (January 2019)

Streetcar10%

Meeting16%

Development16%Sponsorship

21%

Outreach37%

Activities, by Type (January 2019)


March 4, 2019

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HART received revenue of $2,411 for January from Signal Outdoor (Shelter Advertising). There are 383 shelters in inventory with a total of 782 panels. Of those 786 panels, 725 of them (92%) are sold. In addition, HART has 20 active benches with a minimum monthly guarantee of $250.

Month 18-Nov 18-Dec 19-Jan

# of Shelter Panels 782 782 786

Panels Sold 678 734 725

% Panels Sold 87% 94% 92%

Shelter Bench Guarantee

$200 $200 $250

Monthly Revenue $2,361 $2,361 $2,411

Revenue to Date $181,316

In January, a total of $1,816 in revenue was generated from Commuter Advertising (premier provider of GPS based short form audio and text scroll advertising on transit vehicles). YTD revenue for this contract period is $1,816.

Prepared by: Yolanda Jennings, Office Manager Colin Mulloy, Director of Safety

Vanessa Brooks, Director of Communications and Marketing Dexter Corbin, Director of Technology and Innovation

Reviewed by: Kenyatta Lee, Chief Administrative Officer and Interim Chief of Staff Approved by: Jeffrey C. Seward, Interim Chief Executive Officer

Total Sales HART 63% Guarantee

Current month sales $128,436 $80,915 $56,784

Year to date sales $1,032,052 $650,293 $511,056

Documents

REGULAR BOARD OF DIRECTORS MEETING Monday, March 4, … PDFs/03042019 Board of Directors packet.pdf · Oliver & Associates, Inc., dba Tindale Oliver in the Amount Not-to-Exceed $2,500,000