Jul 17, 2024 Austin Transit Partnership Board Meeting

THANK YOU.

[00:00:01]

THANK YOU FOR JOINING US FOR THE AUSTIN TRANSIT PARTNERSHIP BOARD MEETING TODAY'S JULY 17TH, AND I'LL CALL THE MEETING TO

[Call to Order]

AS A REMINDER, THE AUSTIN TRANSIT PARTNERSHIP PROVIDES BOTH AMERICAN SIGN LANGUAGE AND OTHER INTERPRETER SERVICES.

SO PLEASE CONTACT OUR BOARD LIAISON AND HER CONTACTS IS IN EACH AGENDA POSTING.

I BELIEVE WE DON'T HAVE ANY PUBLIC COMMENT TODAY, NOT PUBLIC COMMENT TODAY.

UM, SO TODAY WE'RE GONNA START THE

[6. Executive Session]

SO THE TIME IS 1:04 PM AND WE WILL RECONVENE SHORTLY AFTERWARDS.

THANK YOU.

THANK YOU FOR YOUR PATIENCE.

THE A TP BOARD MEETING IS NOW BACK IN REGULAR SESSION.

THE TIME IS 1:45 PM AND NOW WE'RE GONNA MOVE OVER TO

[2.2 Project Connect Status Report Update]

AND, UH, AND I KNOW WE'RE, ARE YOU READY TO I'M STILL WORKING ON THE .

THERE WE GO.

THANK YOU, UH, BOARD CHAIR AND WELCOME EVERYONE TO OUR A TP MORNING MEETING FOR JULY.

WE'RE EXCITED TODAY.

WE'RE GONNA GO OVER, OBVIOUSLY, OUR BUDGETS AND PROCUREMENT ITEMS AND UPDATE ON WHERE WE ARE ON OUR, UH, FEDERAL STRATEGY AND OUR CONTINUING, UH, PROGRESSION OF THE PROJECT, UH, MOVING THIS PROJECT FORWARD EVERY DAY.

WE'RE REALLY EXCITED ABOUT THAT.

I WANNA FIRST JUST TALK ABOUT WHAT WE, WHERE WE ARE ON OUR, UH, ON OUR STATUS BRIEF.

WE CONTINUE TO, UH, PROVIDE, UH, OUR, UH, OVERALL PROJECT CONNECT STATUS REPORT.

THIS INCLUDES, UH, INFORMATION ON WHERE WE ARE ON OUR, UH, NOT ONLY AUSTIN LIGHT RAIL, BUT OUR PARTNERS, OUR PARTNERS AT CAP METRO IN THE CITY AS THEY ARE ADVANCING THOSE KEY ELEMENTS OF THE PROJECT CONNECT PROGRAM.

UM, AND ALSO WHAT WE'VE BEEN DOING OUT IN THE COMMUNITY AS WELL AS WE ALWAYS THINK IT'S REALLY IMPORTANT TO TALK ABOUT OUR, OUR EFFORT WITH WHAT'S HAPPENING INSIDE A TP.

PEOPLE KNOW WHERE WE'RE ON OUR HIRING AND ALL OF THOSE THINGS FROM A TRANSPARENCY PERSPECTIVE.

SO WE APPRECIATE THAT.

UM, WE'LL MOVE FORWARD.

I'LL START THIS.

I THINK JEN IS ON HER WAY IN.

UM, BUT, UH, WHERE WE ARE ON, UH, OVERALL WORKING TO ADVANCE AUSTIN LIGHT RAIL.

AS YOU KNOW, WE'VE TALKED ABOUT THIS FROM A FEDERAL PERSPECTIVE.

THERE ARE TWO KEY PIECES TO THAT.

OUR, OUR, OUR, OUR CAPITAL IMPROVEMENT GRANT PROCESS THAT WE ARE NOW PART OF THE PROJECT DEVELOPMENT, UH, PHASE, UH, ADVANCING DESIGN AND, AND ENGINEERING, AND ADVANCING OUR FEDERAL, UH, OUR FEDERAL FUNDING PROCESS, UH, AND ADVANCING BOTH, UH, THE CIG AND THE NEPA.

AND HERE COMES JEN TO KIND OF KICK IT OFF AND CONTINUE ON THAT SLIDE.

WE CAME OUT A, WE, WE CAME OUT A LITTLE BIT EARLY , UM, SO I'LL LET HER TICK OFF FROM THAT.

BUT ULTIMATELY, REALLY EXCITED ABOUT THE PROGRESSION FROM A FEDERAL PERSPECTIVE ON THOSE TWO EFFORTS.

AND I'LL LET JEN KEEP, UH, MOVING IT FORWARD.

GOOD AFTERNOON.

UH, SORRY ABOUT THAT.

I DIDN'T KNOW YOU ALL HAD RECONVENED.

UH, SO I'M JUST, I'LL SPEAK VERY BRIEFLY ABOUT THE MAJOR ACTIVITIES WE HAVE GOING ON, UH, WITH A LITTLE BIT OF FOCUS ON THE FEDERAL PROCESS WORK THAT WE'RE DOING.

UH, SO THIS IS THE YEAR, UM, WHERE OUR PROJECT IS ENTERING PROJECT DEVELOPMENT, UM, THAT IS THE BEGINNING OF THE PIPELINE FOR THE NEW STARTS GRANT PROGRAM.

UM, SO WE'RE DOING A NUMBER OF ACTIVITIES THAT ARE REQUIRED IN THAT STAGE.

AND PROBABLY, SORRY, I KEEP RUNNING DOWN THE STAIRS.

PROBABLY THE MOST PROMINENT IS, UH, THE NEPA WORK.

THAT'S THE NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENT.

SO THAT'S A FAIRLY EXTENSIVE REVIEW OF OUR PROPOSED PROJECT.

UH, IF YOU RECALL, UH, EARLIER IN THE YEAR, WE CONDUCTED A SERIES OF PUBLIC MEETINGS, UH, CALLED SCOPING.

THE INPUT THAT WE HEARD AT THAT TIME HAS BEEN INFORMING OUR DESIGN AND, UH, STEADY WORK SINCE, UM, THE, UM, THE TECHNICAL WORK THAT WE'RE DOING RIGHT NOW IS GOING TO CULMINATE IN THE DRAFT ENVIRONMENTAL IMPACT STATEMENT, WHICH WE'LL BE ISSUING FOR PUBLIC COMMENT AND REVIEW LATER THIS YEAR.

SO, ON

[2.1 Federal Process Update]

ONE OF THEM IS THAT, UH, FTA, UH, DEEMED A TP, AN ELIGIBLE RECIPIENT OF FEDERAL FUNDS, UH, AND A POTENTIAL GRANTEE, UM, THAT WAS REQUIRED BECAUSE WE'RE A FAIRLY NEW ORGANIZATION, UM, AND WAS ESTABLISHED AFTER, UH, A FAIRLY COMPREHENSIVE REVIEW OF ATP'S TECHNICAL CAPACITY MANAGEMENT CAPACITY, UH, AND FINANCIAL CAPACITY TO EXECUTE THE WORK THAT WE ARE INTENDING TO DO,

[00:05:01]

UH, SO WHILE THE GRANTEE STATUS IS MORE OF A GENERAL ORGANIZATIONAL ITEM, UH, SPECIFIC TO THE PROJECT, UH, FTA GRANTED THE PROJECT ENTRY INTO THE PROJECT DEVELOPMENT PHASE.

UM, SO THAT KICKS OFF A TWO YEAR PERIOD DURING WHICH WE HAVE TO COMPLETE A NUMBER OF DESIGN PROGRESSION, ENVIRONMENTAL, AND, AND OTHER ACTIVITIES.

SO WE ARE ON OUR WAY WITH THAT.

UH, AS YOU CAN SEE FROM THE GRAPHIC OF THEIR PROJECT DEVELOPMENT IS THE FIRST PHASE.

UM, SUBSEQUENTLY THERE IS A PHASE CALLED ENGINEERING.

UM, THAT'S ANOTHER GATEWAY POINT WHERE FTA WOULD GRANT US ENTRY INTO THAT PHASE, UM, WHERE, AND IN THAT PHASE WE WOULD BE CONTINUING DESIGN PROGRESSION AND OTHER ACTIVITIES.

ULTIMATELY, UH, LOOKING TO EXECUTE A FULL FUNDING GRANT AGREEMENT, UH, PRIOR TO CONSTRUCTION.

SO JUST A, A LITTLE BIT MORE ABOUT THE MORE SPECIFIC ACTIVITIES THAT WE'RE DOING RIGHT NOW.

UM, YOU KNOW, THE SCOPING INPUT WE RECEIVED WAS GREAT.

WE DID SUMMARIZE ALL OF THAT IN A REPORT THAT'S AVAILABLE ON OUR WEBSITE.

UH, AND THAT INFORMATION IS REALLY A, A REPORT BACK.

JUST HERE'S WHAT WE HEARD.

UM, AND SOME OF IT, UH, HAS INFORMED THE SCOPE OF OUR ENVIRONMENTAL STUDIES AND REVIEW.

UH, THERE ARE ALSO COMMENTS THAT COULD BE ADDRESSED BY THE DESIGN TEAM.

UM, THAT DESIGN WORK THAT WAS COMPLETED THIS SPRING, UH, IS GOING TO PROVIDE THE BASIS FOR THE ENVIRONMENTAL REVIEW THAT WE'RE DOING.

UM, THERE'S STILL ANALYSIS AND FIELD WORK ONGOING, UM, AND WE'RE ENGAGING NOT ONLY WITH FTA ON NETWORK, BUT ALSO WITH THE CITY, UH, AND CAP METRO.

UM, AS WE PREPARE AND AND REVIEW THAT ANALYSIS, UM, AS WE GET INTO THE NEXT MONTH OR SO, WE'RE GOING TO BE INCREASING OUR COORDINATION WITH COOPERATING AGENCIES.

SO THAT IS A SET OF AGENCIES THAT ARE WORKING WITH US AND FTA ON THE NEPA PROCESS.

IT INCLUDES TDOT, UH, THE EPA, UH, TEXAS PARKS AND WILDLIFE AND THE CORE OF ENGINEERS.

UM, SO WE'LL BE COORDINATING WITH THEM MORE ON THE ENVIRONMENTAL WORK WE'RE DOING, UH, PRIMARILY NEXT MONTH.

UM, JUST ANOTHER ITEM, UH, BACK DURING SCOPING, WE WERE TALKING WITH THE COMMUNITY NOT ONLY ABOUT THE PROJECT, BUT ALSO A SET OF ABOUT A HALF DOZEN DESIGN OPTIONS THAT WE'RE EVALUATING.

UM, SO WE HAVE BEEN CONTINUING TO LOOK AT THOSE, UH, AND EVALUATE, UH, WITH A MIND THAT WE WOULD LIKE TO SIGNAL A RECOMMENDATION AS TO WHICH DESIGN OPTIONS WE WOULD CONTINUE TO ADVANCE.

AND THAT RECOMMENDATION WOULD BE, UH, IN THE DRAFT EIS, UH, THAT'S RELEASED LATER THIS YEAR.

UH, SO TO MAKE THOSE RECOMMENDATIONS, UH, WE'RE CONDUCTING A MULTIDISCIPLINARY ANALYSIS, LOOKING AT ENGINEERING, LOOKING AT USER EXPERIENCE, UH, IMPACT ON OPERATIONS, UM, AND ALSO REALLY, UH, DIVING DEEP INTO THE PUBLIC INPUT WE RECEIVED EARLIER IN THE YEAR IN THOSE DESIGN OPTIONS, UH, TO INFORM THOSE RECOMMENDATIONS.

SO THAT'S ONGOING NOW.

UM, SO, AND ANOTHER ITEM THAT IS IN PROGRESS AND IS NOT RELATED TO NEPA, UH, IS A PRELIMINARY RATINGS PACKAGE.

SO THIS IS MATERIAL THAT WE WILL BE SUBMITTING TO FTA IN AUGUST.

THIS IS PART OF THE NEW STARTS GRANT PROGRAM, UM, AND IS A PACKAGE OF INFORMATION THAT DEMONSTRATES HOW WE PERFORM AGAINST THE EVALUATION CRITERIA THAT THEY USE TO, YOU KNOW, EVALUATE PROJECTS FOR THIS COMPETITIVE GRANT PROGRAM.

UH, SO THAT, THAT IS, UH, THOSE ARE SOME OF THE KEY AREAS OF WORK FOR US FOR NOW.

UM, AND THAT CONCLUDES THE PRESENTATION, BUT OF COURSE, HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU, MS. SPINE.

UM, ANY FURTHER QUESTIONS OR UPDATES, UH, FROM THE BOARD? NO QUESTIONS.

WELL, I REALLY WANNA CONGRATULATE YOU ON THOSE MAJOR MILESTONES, REACHING THEM.

YOU MAKE THEM SOUND SO EASY, BUT I KNOW THEY WERE HARD, AND I REALLY WANT TO COMMEND YOU AND THE TEAM FOR GETTING US TO THAT POINT.

SO, THANK YOU.

ARE YOU DONE WITH YOUR REPORT? OKAY.

SO NOW WE'RE GONNA MOVE INTO OUR ACTION ITEMS AND, UM, OUR FIRST

[3.1 Approval of minutes from the May 15, 2024 Board Meeting]

I'M SURE EVERYONE HAS HAD CHANCE TO REVIEW THE MEETING MINUTES, AND I WOULD LIKE TO REQUEST A MOTION AND A SECOND TO APPROVE THIS ACTION ITEM.

SO MOVED, MOVED BY BOARD MEMBER BILION SECOND BY, UM, MEMBER GARZA.

ANY DISCUSSION? NO DISCUSSION.

EVERYONE IN FAVOR, PLEASE SAY AYE.

A AYE.

THE MEETING MINUTES HAVE BEEN APPROVED UNANIMOUSLY.

[3.2 A resolution appointing a replacement member to the Project Connect Community Advisory Committee]

AND AS NOTED ON THE AGENDA PACKAGE, THE COMMUNITY ADVISORY COMMITTEE HAS RECOMMENDED CATALINA BERRY TO THE CAC FOR A TERM ENDING IN DECEMBER OF 2027.

MS. BERRY WILL REPLACE JOE

[00:10:01]

UM, I ALSO LIKE TO MENTION THAT, UM, I PERSONALLY LIKE TO THANK THE WORK THAT, UM, UH, JOE PAULO CONNOLLY SERVED FOR OUR COMMUNITY.

HE'S NOW MOVED TO CALIFORNIA, BUT HE REALLY HELPED US ADVANCE OUR PROGRAM IN A MORE EQUITABLE WAY, SO OUR GRATITUDE GOES OUT TO HIM.

AND, UM, SO I WOULD LIKE TO REQUEST A MOTION AND A SECOND TO APPROVE ITEM NUMBER TWO.

SO MOVED.

MOVED BY MAYOR WATSON.

SECOND.

SECOND BY BOARD MEMBER LANG MOORE.

ANY OTHER DISCUSSION ON ITEM NUMBER TWO? UM, THE ONLY THING I'D LIKE TO SAY IS WELCOME MS. BERRY, IF IT'S APPROVED.

UH, THANK YOU FOR SERVING AND APPLYING EVERYONE IN FAVOR, PLEASE SAY AYE.

AYE.

THE SECOND ITEM HAS BEEN APPROVED UNANIMOUSLY.

MOVING

[3.3 Approval of a resolution to consolidate the Engineering, Architecture, and Construction Advisory Committee (EAC), Finance and Risk Advisory Committee (FAR), and Planning, Sustainability, Equity and DBE Advisory Committee (PSEC), and restructure the advisory groups by creating and adopting a charter for the Austin Light Rail Advisory Group]

WITH US, I HAVE, UH, CASEY BURAK, A BP OF BUSINESS AND LEGAL AFFAIRS, AND MS. REBECCA ELLO, THE A TP CHIEF OF STAFF.

SO WELCOME, THANK YOU BOARD FOR HAVING US ON THIS ITEM.

UM, SO AS YOU KNOW, WE CONDUCTED A GOVERNANCE, UM, ASSESSMENT REVIEW OF THE ORGANIZATION AND THE BOARD SPECIFICALLY, AND ITS GOVERNANCE STRUCTURE.

UM, THAT WAS A BOARD RESOLUTION BACK IN MARCH, 2023.

PRESENTED THE RESULTS AT THE BEGINNING OF THIS YEAR.

UM, ON THE HEELS OF THAT, WE MADE SOME CHANGES, UM, TO STAGGER BOARD TERMS AND, UM, TO GIVE THE BOARD THE ABILITY TO ADD COMMITTEES AND CHANGED THEIR OWN BYLAWS, UM, THAT WERE ALL RECOMMENDATIONS FROM THE GOVERNANCE ASSESSMENT.

TODAY, WE'RE GONNA TALK ABOUT, UM, THE RECOMMENDATIONS THAT CAME AROUND OUT AROUND THE TECHNICAL ADVISORY COMMITTEES AND THE CONSOLIDATION INTO ONE AND KIND OF, UM, THE, THE, THE CHANGES THAT WE WANNA MAKE THAT WE'RE PROPOSING THAT THE BOARD APPROVED TODAY.

SO THAT'S THE BACKGROUND.

I THINK ALSO IMPORTANTLY, THERE WAS AN INTERNAL AUDIT REPORT THAT CAME OUT AROUND THE JOINT POWERS AGREEMENT AND SPECIFICALLY MADE SOME RECOMMENDATIONS THAT YOU'RE ALSO GONNA SEE THAT WE'VE, UM, PUT FORTH.

SO ALL THIS IS KIND OF COMING TOGETHER, UM, SLOWLY BUT SURELY.

SO WE'RE EXCITED FOR THIS, UM, RESOLUTION TODAY.

SO I WANNA START BY SAYING THANK YOU ALL FOR YOUR INPUT AND, UH, THANK YOU FOR YOUR LEADERSHIP IN GETTING US HERE.

UM, I ALSO WANNA JUST ACKNOWLEDGE THERE'S BEEN A NUMBER OF STAFF MEMBERS WHO HAVE BEEN WORKING WITH OUR TECHNICAL ADVISORY COMMITTEES AND THE PROCESS IN CONVENING A LOT OF THE BACKGROUND TO GET US TO THESE RECOMMENDATIONS, TOOK INTO ACCOUNT INTERVIEWS WITH ALL OF YOU, AS WELL AS INTERVIEWS WITH STAFF AND COMMUNITY MEMBERS, AS WELL AS JUST A LOOK AT BEST PRACTICES IN GENERAL.

SO WE REALLY VALUE THE INPUT THAT YOU ALL HAD TO GET US WHERE WE ARE TO INCLUDE EVEN REFINING SOME OF THE INPUT THAT YOU'LL SEE FROM OUR BRIEFINGS.

ONE-ON-ONE WITH YOU JUST RECENTLY.

SO JUST AT A HIGH LEVEL, SOME OF THE KEY HIGHLIGHTS IN THE NEW CHARTER IS THAT WE ARE MOVING OR RECOMMENDING, MOVING FROM THE TECHNICAL ADVISORY COMMITTEE NAME TO JUST REALLY CALLING IT WHAT IT IS, THE AUSTIN LIGHT RAIL ADVISORY GROUP.

UM, THE NUMBER BEING THREE, WITH A DEDICATION TO VERY SPECIFIC SUBJECT MATTER EXPERTISE TO NOW ONE, CERTAINLY AS THE NOMINATIONS AND THE APPOINTMENTS, UM, CONVENE AROUND THE NEW GROUP.

UH, THE EXPERTISE THAT IS CURRENTLY PRESENT WITH THE THREE CAN CERTAINLY BE COMBINED, BUT WE ARE LOOKING TO OPEN THE, UM, EXPERTISE UP TO JUST BE VERY BROAD.

SO CAPITAL DELIVERY PROJECTS, AND CERTAINLY WITH THE FEEDBACK, EVEN AN EMPHASIS ON PUBLIC PROJECTS, UM, THE EXPERTISE IS, UH, AN INTERESTING OPPORTUNITY TO ALLOW FOR A FULLER DISCRETION OF THIS BOARD THAT WILL APPOINT THE NEW BOARD AND REALLY WILL RUN CONCURRENTLY WITH THE IMPLEMENTATION PLAN NEEDS.

SO, FOR EXAMPLE, WHEREAS ONE RELIANCE IN ONE THREE YEAR INCREMENT MIGHT BE DIFFERENT, YOU KNOW, IN SIX YEARS, IT ALLOWS FOR THE BOARD TO HAVE THE DISCRETION TO REALLY LOOK AT THE EXPERTISE OF THE APPLICATIONS.

AND THEN FINALLY, THE INVOLVEMENT.

UM, WE ARE LOOKING FORWARD TO CONTINUING TO HAVE A COMMUNITY EXPERT DIRECTOR INVOLVED ON A ROTATION BASIS.

AND DEPENDING ON THE EXECUTIVE STAFFING AND THE INFORMATION, WE MAY ALSO LOOK TO HIGHLIGHT

[00:15:01]

THE NOMINATION PROCESS WOULD BE CONVENED BY THE CHAIR AND WOULD INCLUDE TWO BOARD MEMBERS TO HELP STAFF WITH THE APPLICATION AND NOMINATION PROCESS.

AND WE REALLY LOOK FORWARD TO GETTING STARTED WITH THAT SO THAT THIS BOARD HAS THE OPPORTUNITY TO ACTUALLY, UM, APPOINT TO THE IF APPROVED AUSTIN LIGHT RAIL ADVISORY GROUP.

THERE WILL BE AN ADMINISTRATIVE MANUAL THAT WILL HIGHLIGHT SOME OF JUST THE EFFICIENT ADMINISTRATION AND SUPPORT, BUT WE DO LOOK TO BRING THIS UNDER THE BOARD RELATIONS TEAM TO OFFER REALLY EXCELLENT SUPPORT TO THE GROUP.

AND, UH, YOU'LL NOTE IN THE CHARTER WE HAVE HIGHLIGHTED JUST REALLY ANCHORING TRANSPARENCY, WHAT HAS BEEN PRACTICED IS NOW A REQUIREMENT IN THE CHARTER THAT WE WOULD BE REPORTING OUT ANY JUST SUMMARY REPORT AS A PART OF THE BOARD MEETINGS.

WE ARE AVAILABLE FOR QUESTIONS.

AND AGAIN, THANK YOU SO MUCH FOR YOUR LEADERSHIP TO GET US HERE.

THANK YOU FOR THE HEAVY LIFT.

UM, SO NOW, UM, I'D LIKE TO OPEN IT FOR QUESTIONS.

SHOULD WE NO, GO.

I MAKE A MOTION THAT PROPOSE THE DISCUSSION.

SURE.

MOVE.

MOTION, MOVE, UH, TO APPROVE BY BOARD MEMBER GARZA.

DO WE HAVE A SECOND? BY BOARD MEMBER ILIAN.

THANK YOU.

ANY DISCUSSION? YES.

BOARD MEMBER GARZA.

AS I GOT INTO THIS, UH, WITH, UH, GREG, UM, MY SENSE WAS THAT THE, THE, THE HELP OF THE VOLUNTEERS IN HELPING US DRAFT OUR PLAN WAS THAT WAS INVALUABLE.

AND SO WE NEED TO FIND A WAY TO PROTECT THAT GOING INTO THE FUTURE.

AT THE SAME TIME, MY SENSE WAS THAT WE NEED TO FOCUS THE ATTENTION OF THE STAFF ON ONE COMMITTEE, UH, AS OPPOSED TO HAVING TO DIFFUSE OVER DIFFERENT ASPECTS OF IT.

AND TO ME, THEY, THEY CAME BACK WITH A PERFECT RECOMMENDATION.

UH, THANK YOU STAFF.

AND I'D LIKE TO COMMEND YOU AND THANK YOU FOR YOUR LEADERSHIP AND GUIDING THROUGH THIS PROCESS IN VOLUNTEERING FOR THIS EFFORT.

SO, THANK YOU.

BOARD MEMBER GARZA.

I PERSONALLY LIKE THE RECOMMENDATION VERY MUCH BECAUSE I DO THINK THAT BY COMBINING THESE THREE COMMITTEES, IT ALSO HELPS REALLY ADVANCE THE PROGRAM IN A WAY THAT ANY DESIGN DECISION IMPACTS FINANCES AND IMPACTS SUSTAINABILITY.

SO FOR THESE GROUPS TO REALLY COALESCE AND CROSSPOLLINATE, I THINK, FOR LACK OF A BETTER WORD, BUT IT IS, IT WAS THE MOST PRODUCTIVE WHEN WE HAD THOSE MEETINGS TOGETHER.

I THINK THOSE WERE THE MOST, UH, JUST GREAT MEETINGS.

THERE WAS GREAT OUTCOME.

AND I ALSO LIKE TO THANK THE TEAM THAT GOT US TO THIS POINT, HELPED US REALLY TAILOR THE PROGRAM TO WHERE WE HAVE IT, AND WE COULDN'T HAVE DONE IT WITHOUT THEM.

SO WHERE THEY REALLY WE'RE VERY ENGAGED.

AND I THINK THAT THIS WILL HELP US FOCUS OUR EFFORTS AND FOCUS THE, THE GOAL THAT WE HAVE IN MIND AND USING STAFF RESOURCES IN THE BEST WAY POSSIBLE.

SO I REALLY WANT TO THANK YOU, UH, MS. JELLO AND, AND CASEY FOR REALLY TAKING THIS RECOMMENDATIONS FROM THE GOVERNANCE AND FROM OUR TRANSPARENCY ON HOW WE CAN GET THIS DONE BETTER.

SO THANK YOU FOR THE HEAVY LIFT.

SO, ANY OTHER QUESTIONS OR COMMENTS? UM, THE ONLY COMMENTS I MIGHT MAKE, MADAM CHAIR, UM, UM, HE'S USUALLY MORE SOFT SPOKEN THAN ME.

UH, BUT, UH, BUT I'LL SAY, UH, I APPRECIATED, UH, THE PROCESS THAT YOU WENT THROUGH.

I, I THINK IT IS IMPORTANT, UH, THAT WE DEVELOP A SYSTEM FOR INTERACTING RATHER THAN JUST HAVING A SERIES OF

[00:20:01]

UH, I HOPE ANYTHING THAT GIVES US AN OPPORTUNITY, UH, TO WORK FROM PLANNING, TO INTEGRATION TO, UH, TO COMPLETION, ANYTHING THAT, ANY SYSTEM THAT HAS THE PROCESSES THAT ARE NECESSARY TO MAKE SURE THAT WE DON'T LOSE ANY MEANINGFUL DISCUSSION, UH, AS, AS WE TRANSITION, YOU KNOW, THAT, THAT WE ARE DOCUMENTING IN A MATRIX FORM THAT WE ARE, UH, IDENTIFYING, UH, ALL OF THE ELEMENTS OF THE DECISION SO THAT WE CAN, UH, SO THAT WE, UH, DO HAVE THE CONFIDENCE THAT RATHER THAN WORKING IN THREE DIFFERENT GROUPS, WE'RE NOT LOSING ANYTHING AND THAT WE ARE, AND THAT WE UNDERSTAND HOW PEERS ARE WORKING TOGETHER, AND THEN HOW WE WORK ACROSS THE ORGANIZATION AS WELL.

SO I, I, I LIKE THE STRUCTURE AND, AND GENERALLY SPEAKING, I'VE, I'VE WORKED WITH JUAN LONG ENOUGH TO KNOW THAT HE'S CONSIDERED ALL OF THE ASPECTS AS HE'S PUT FORWARD, UH, HIS RECOMMENDATIONS.

SO, UM, I, I, I LIKE THE IDEA AND THE FOUNDATION AND, UM, AND I THINK THAT IT CAN, CAN CERTAINLY, UH, BE HELPFUL TO THE LONG, TO THE PROCESS OVER THE LONG TERM.

THANK YOU.

SO, UM, NOW WE'RE READY FOR A VOTE COUNSELOR.

THANK YOU.

WITHOUT FURTHER QUESTIONS OR COMMENTS, UM, EVERYONE IN FAVOR OF ACTION ITEM NUMBER FOUR, PLEASE SAY, AYE.

A ITEM THREE.

I'M SORRY.

THANK YOU.

I'M GLAD YOU KEEP ME ON TASK.

UM, PLEASE SAY AYE FOR ITEM NUMBER THREE.

AYE, AYE.

AND ITEM NUMBER THREE HAS PASSED UNANIMOUSLY, SO THANK YOU.

NOW MOVING ON, I WOULD LIKE TO, UM, OUR, WE HAD FIVE ITEMS, SO I THINK WE'RE A LITTLE BIT, OKAY, THE

[3.4 Approval of a resolution adopting amendments to ATP's Ethics, Conflicts, and Nondisclosure Policy]

NOW WE'RE MOVING ON TO ITEM NUMBER FOUR, THE APPROVAL OF A RESOLUTION ADOPTING AMENDMENTS TO ATP'S, ETHICS, CONFLICT, AND NON-DISCLOSURE POLICY.

THE RED LINE DOCUMENT IS INCLUDED IN OUR AGENDA PACKET AND ALSO PUBLISHED ONLINE.

SO OUR COUNSELOR, UM, BRANDON CARR, GENERAL COUNSEL, WILL PROVIDE A HIGH LEVEL OF REVIEW OF THE CHANGES TO THE POLICY.

THANK YOU CHAIR.

UH, IF YOU ACTUALLY, I CAN CONTROL THE SLIDES.

UM, AS YOU MAY RECALL, IN APRIL, 2021, OUR BOARD ADOPTED THE ETHICS CONFLICTS AND NON-DISCLOSURE POLICY.

IT HASN'T BEEN UPDATED SINCE THAT TIME.

AND AS WE MOVE ALONG IN THE FDA PROCESS, AS JEN MENTIONED, UM, I WANTED TO MAKE SURE THAT WE HAD, UH, A REVIEW OF FDA REQUIREMENTS AGAINST OUR POLICY.

AND SO WHAT WE'VE DONE IS WE'VE LOOKED TO MAKE SOME CHANGES TO ALIGN WITH THOSE FDA REQUIREMENTS, INCREASED TRANSPARENCY, UM, BE CONSISTENT WITH BEST PRACTICES, WHICH WE LOOKED AT AGENCIES ALL ACROSS THE NATION.

AND WE ALSO WANTED TO ASSIST WITH THE DETECTION AND PREVENTION OF CONFLICTS OF INTEREST, UH, MADE AGAINST A TP AND ALLEGATIONS WITHIN A TP.

SO THIS IS A ONE SLIDE SUMMARY OF, OF THOSE CHANGES, BUT THE PRIMARY CHANGE IS, UM, ADDING A FINANCIAL DISCLOSURE SECTION, UM, AND REALLY BEEFING THAT UP FOR A TP STAFF.

AS YOU ALL MAY RECALL, WHEN YOU JOINED THE BOARD, YOU WERE REQUIRED TO FILL OUT FINANCIAL DISCLOSURES.

UM, THOSE DISCLOSURES COVER EMPLOYMENT INTERESTS, FINANCIAL LOANS, AND INTEREST IN REAL PROPERTY.

AND WHAT THIS POLICY CHANGE IS GOING TO DO IS MAKE THAT COVERAGE BROADER AND INCLUDE NOT JUST BOARD MEMBERS, BUT ALSO OFFICERS, A TP EMPLOYEES WHO WORK IN THE PROCUREMENT DEPARTMENT AND A TP SENIOR MANAGEMENT.

AND THESE THINGS ARE KEY TO BEING IN COMPLIANCE WITH THE FTA MASTER AGREEMENT.

UM, I HAVE HEARD SOME FEEDBACK ON THE PREVIOUS DISCLOSURES BEING A LITTLE ONEROUS.

SO WHAT I'VE DONE IS TRIED TO SIMPLIFY THOSE BASED ON, UM, SOME BEST PRACTICES FROM OTHER ORGANIZATIONS TO EXCLUDE THINGS THAT ARE COMMON, UM, SUCH AS STUDENT LOANS OR MORTGAGES OR, UM, MUTUAL FUNDS THAT, UM, DO KIND OF A BLIND INVESTMENT VERSUS ACTUAL INVESTMENT IN ONE PARTICULAR CORPORATION.

I'VE ALSO TRIED TO MAKE IT CLEAR THAT IT'S REALLY ABOUT CONFLICTS WITH, UH, CURRENT OR POTENTIAL VENDORS.

THESE FINANCIAL DISCLOSURES WILL BE REQUIRED TO BE REAFFIRMED ON AN ANNUAL BASIS.

SO IF THIS ITEM PASSES, UH, YOU'LL PROBABLY BE HEARING FROM ME TO, UH, POTENTIALLY UPDATE, UH, THIS FORM.

THE HOPE IS TO ADD A BOX WHERE YOU CAN CHECK IF NOTHING IS CHANGED IN THE LAST YEAR, BUT IF YOU DO HAVE CHANGES, IT SHOULD HOPEFULLY BE EASIER THAN IT WAS BEFORE.

THE SECOND BIG CHANGE WOULD BE A, A RESTRICTION ON FORMER A TP PERSONS THAT INCLUDES A TP EMPLOYEES BOARD MEMBERS AND COMMITTEE MEMBERS.

AND THE RESTRICTION WOULD BASICALLY PROHIBIT PARTICIPATION IN SITUATIONS, UH, WHERE WE HAVE A CONFLICT, UM, FOR UP TO ONE YEAR AFTER OUR EMPLOYMENT

[00:25:01]

UM, THIS IS CONSIDERED BEST PRACTICE TO MAKE SURE THAT, UM, OUR EMPLOYEES AND OUR BOARD MEMBERS DON'T GO OFF AND, AND WORK FOR A CONSULTANT AND POTENTIALLY CREATE A CONFLICT ON THAT CONSULTANT.

UM, BIDDING ON FUTURE CONTRACTS.

THERE IS A PROVISION TO ALLOW FOR A WAIVER IF THE CONFLICT IS NOT IN, UH, IS NOT GONNA CAUSE HARM TO A TP OR THE MARKET IN, IN COMPETITION.

THE FINAL CHANGES ARE SOME MINOR CHANGES, WHICH CLARIFY THAT THE POLICY IS NOT AN EMPLOYMENT CONTRACT.

IT INDICATES THAT THE GENERAL COUNSEL AND EXECUTIVE DIRECTOR CAN INVESTIGATE ANY POLICY VIOLATIONS.

UM, CLARIFIES THE DEFINITION OF NON-PUBLIC INFORMATION, ADDS A PENALTY SECTION, WHICH IS SOMETHING THAT'S KEY TO THE FDA MASTER AGREEMENT, MAKING SURE THAT THERE'S PENALTIES FOR VIOLATION OF ETHICS, UM, ETHICS POLICIES, AND THEN ALSO JUST OTHER LEGAL GRAMMATICAL AND FORMATTING CHANGES.

AND I'M HERE IF YOU HAVE ANY QUESTIONS.

UH, AGAIN, THE RED LINE IS IN BACKUP.

HOPEFULLY YOU'VE HAD A CHANCE TO REVIEW THAT.

WONDERFUL.

THANK YOU SO MUCH.

DO WE HAVE, UM, I WOULD LIKE TO REQUEST A MOTION FOR APPROVING ITEM NUMBER FOUR OF MOTION AND A SECOND MOVE BY BOARD MEMBER LANGOR, SECOND BY BOARD MEMBER GARZA.

ANY QUESTIONS OR DISCUSSION? NO QUESTIONS.

YES, YES, YES.

BOARD MEMBER LAMORE.

UM, HEY, UM, BRIAN, I APPRECIATE LIKE, TOTALLY AGREE WITH ALL THE, UM, OBJECTIVES OF WHAT WE'RE DOING.

SO I JUST WANT, I HAVE A FEW QUESTIONS ON SOME THINGS TO MAKE SURE THAT WHAT'S IN OUR SET OF DOCUMENTS ALIGN WITH, UM, YOU KNOW, WHAT YOU'VE DESCRIBED.

BECAUSE AGAIN, I TOTALLY AGREE WITH LIKE WHAT'S UP THERE.

SO ONE THING IS ON THE FINANCIAL DISCLOSURE, UM, IT TALKS ABOUT WHO'S NOW GONNA BE SUBJECT TO THOSE, AND THIS IS LIKE A RECURRING THEME WHERE I HAVE BETWEEN THE, UM, ETHICS POLICY AND OUR PROCUREMENT POLICY, WHICH OBVIOUSLY HAS SOME OVERLAP COMMITTEE MEMBERS.

SO I, I'M NOT SURE, LIKE THE ONLY COMMITTEE, WELL, YOU KNOW, WE JUST APPROVED ONE, WE HAVE THE CAC ARE, THEY AREN'T GONNA BE SUBJECT TO FINANCIAL DISCLOSURES, ARE THEY? ACTUALLY, THEY WOULD BE, UM, THE CURRENT POLICY THAT WAS ADOPTED APPLIED TO CURRENT COMMITTEE MEMBERS OF THE, OF THE TECHNICAL ADVISORY COMMITTEES.

UM, AND THEN SEPARATELY, THE CAC, THE COMMUNITY ADVISORY COMMITTEE IS ALSO SUBJECT TO OUR, OUR ETHICS POLICY.

THIS WILL CONTINUE THAT TRADITION AND APPLY IT TO THE TECHNO, THE AUSTIN LIGHT RAIL ADVISORY GROUP, THE NEW GROUP YOU JUST PROVED, NOT THE ETHICS POLICY, BUT THE FINANCIAL DISCLOSURE.

THEY'RE GONNA HAVE TO GO FILL OUT THAT FORM WITH RESPECT TO THEIR FINANCIAL DISCLOSURES? IT WOULD, YES, IT WOULD BE APPLICABLE TO THEM TOO, BECAUSE THEY MAY BE SUBJECT TO, UM, INFORMATION THAT'S NOT PUBLIC, AND THEREFORE THEY MAY HAVE A CONFLICT.

OKAY.

UM, ALRIGHT.

I DIDN'T DO THAT ON THE FAR, I DIDN'T FILL OUT ONE AS A MEMBER OF THE FAR WAS I MEANT TO HAVE.

YES, UH, YOU SHOULD HAVE, BUT UM, I WILL SAY THAT WITH THIS UPDATE OF THE POLICY, UH, MY GOAL IS TO MAKE SURE WE HAVE, UH, BETTER COMPLIANCE GOING FORWARD.

OKAY.

YEAH.

AND IT'S, I I APPRECIATE THE FACT THAT IT'S MUCH LESS ONEROUS BECAUSE IF, LIKE THE WAY YOU HAVE TO DO SOME OF THEM, I WOULD NEVER ASK THAT OF A VOLUNTEER COMMITTEE THAT DOESN'T HAVE THE ABILITY TO DIRECT AGENCY RESOURCES.

ALTHOUGH I APPRECIATE THE FACT THAT THEY MAY GET SOME SENSITIVE INFORMATION.

OKAY.

SO, BUT THAT IS THE INTENTION IS THAT THEY WILL IN FACT COMPLY WITH THAT.

UM, THEN, UM, IT SAYS CHANGES CLARIFY, AND THIS IS IN YOUR, I'M LOOKING AT YOUR DESCRIPTIVE MEMO IN, IN ADVANCE.

YOU, YOU KNOW, THAT ACCOMPANIES THE RESOLUTION ITSELF.

IT SAYS CLARIFY THAT THE GENERAL COUNSEL AND EXECUTIVE DIRECTOR MAY ACT AS A POTENTIAL INVESTIGATOR OF VIOLATIONS OF THE POLICY.

IS THERE ANY APPROPRIATE ROLE FOR THE BOARD IN THAT RESPECT, AS I ASSUME IT'S SOMETHING YOU'VE CONTEMPLATED? YOU KNOW, I JUST, AND MY ONLY THING IS THAT IF THERE'S AN ETHICS VIOLATION WITHIN THE ORGANIZATION ITSELF, THAT THEY HAVE A PLACE TO GO WITH NO FEAR OF RETRIBUTION.

UM, YOU KNOW, WHICH IS NORMALLY KIND OF A TRADITIONAL MEANS OF, OF BEING ABLE TO RAISE ETHICS VIOLATIONS.

IS THERE ANY, DID YOU CONTEMPLATE THAT AND MAKE A DECISION TO LEAVE THE BOARD OUT OF YOU, YOU KNOW, THE PROCESS FOR ETHICAL VIOLATIONS IN THE REPORTING OF THOSE? YES.

SO THE, UH, THE BEST PRACTICE IS TO HAVE, UM, INTERNAL, UM, STAFF DO THOSE TYPES OF INVESTIGATIONS.

WE'RE CLARIFYING IT'S GENERAL COUNSEL OR EXECUTIVE DIRECTOR IN CASE I HAVE A CONFLICT OR THE EXECUTIVE DIRECTOR AS A CONFLICT.

UM, IF THERE IS A SITUATION WHERE,

[00:30:01]

IF WE NEED TO HIRE OUTSIDE COUNSEL TO LOOK AT THAT ETHICS INVESTIGATION, THEN WE CAN DO THAT.

YOU KNOW, I WOULD SAY THAT KIND OF PARTIALLY ALLEVIATES THE CONCERN OF, I JUST WANNA MAKE SURE THAT IF SOMEONE IS AWARE OF AN ETHICAL VIOLATION, THEY CAN DO IT WITHOUT FEAR OF RETRIBUTION.

AND IT SEEMS LIKE IF THE ONLY TWO OUTLETS, YOU KNOW, I THINK DEFINITELY THE EXECUTIVE DIRECTOR WOULD BE SOMEWHAT OF AN ISSUE IF YOU'RE, IF IT MIGHT RELATE TO THEM OR YOU KNOW, SOMEONE REPORTING TO THEM, YOU KNOW, YOU'RE A LITTLE BIT MORE SEPARATE.

THE LAWYER SEEMS TO BE AN APPROPRIATE RUN.

UM, YEAH, CASEY ALLEN MAY BE.

AND IF, AND AGAIN, IF YOU ALL HAVE LIKE, THOUGHT THIS THROUGH AND YOU'VE LANDED HERE FOR A SPECIFIC REASON, YOU KNOW, OPEN TO IT.

BUT YOU GET WHERE I'M COMING FROM IS JUST TO ENSURE THAT PEOPLE CAN COME FORWARD WITH NO FEAR OF RETRIBUTION BECAUSE THEY'RE REPORTING THAT UP TO THE CHAIN OF COMMAND THAT THEY REPORT THROUGH.

YES.

AND I WILL SAY, YOU KNOW, OBVIOUSLY AS GENERAL COUNSEL THERE'S ETHICAL OBLIGATIONS IN THAT RESPECT, BUT WE ALSO DO HAVE AN ETHICS HOTLINE.

UM, I KNOW, UH, THAT INTERNAL AUDIT PUT TOGETHER.

OKAY.

AND THEY REPORT DIRECTLY TO THE BOARD.

OKAY.

AND SO THERE'S AN INDEPENDENT, UM, KIND OF WITHOUT CONCERN OR RETRIBUTION AVENUE FOR EMPLOYEES OF THE ORGANIZATION THAT WAY AS WELL.

OKAY.

SO WE DIDN'T REFERENCE THAT IN THE, UM, ETHICS POLICY.

THAT'S GOOD TO KNOW.

SO IN LARGE RESPECT, THAT, YOU KNOW, ELIMINATES MY CONCERN.

RIGHT.

AND WE HAVE IT ON OUR WEBSITE.

IT'S AVAILABLE FOR ALL OF THE STAFF.

OKAY.

UM, AND THE PUBLIC.

AND THEN, UH, HEY, ONE THING ON THIS, THANK YOU FOR THAT ANSWER.

THAT'S PRETTY MUCH THE ANSWER.

UM, IT SAYS AT THE BOTTOM, JUST ON THE RED LINE, THAT IT'S A JUNE, IT'S A JUNE UPDATE TO THE DOCUMENT WHEN IT'S JULY.

I DON'T KNOW IF THAT'S GONNA MAKE IT INTO THE FINAL ONE.

OKAY.

WE CAN MAKE THAT, UM, IT'S A, IT'S A MINOR CHANGE, SO YEAH.

YEAH.

JUST TO MAKE SURE THAT EVERYONE UNDERSTANDS WE'RE WORKING FROM A JULY VERSION.

UM, THEN THERE'S A POINT IN THERE WHERE IT SAYS YOU'RE PROHIBITED FROM ENGAGING IN ANY POLITICAL ACTIVITY WHILE ON A TP TIME OR UTILIZE A TP RESOURCES.

I JUST WANNA MAKE SURE THAT DOESN'T ELIMINATE OUR ABILITY OR ANYONE'S ABILITY.

YOU KNOW, GREG'S DEALING WITH PEOPLE AT THE LEGISLATURE, BOARD MEMBERS DEAL WITH PEOPLE AT THE LEGISLATURE.

UM, YOU KNOW, WE HAVE THE MAYOR THAT SITS ON HERE IS A FORMER STATE LEGISLATOR.

THERE WERE OBVIOUSLY, THERE'S, THERE'S A POLITICAL COMPONENT TO WHAT WE'RE DOING.

I JUST WANNA MAKE SURE NONE OF LIKE WHAT IS CONSTITUTED POLITICAL ACTIVITY AND THAT WE DON'T CREATE SOME OPENING FOR SOMEONE TO QUESTION WHAT IS ETHICALLY APPROPRIATE RELATIVE TO WHAT IS NOT.

SO THERE'S ACTUALLY A STATE LAW PROHIBITION THAT, UH, PUTS RESTRICTIONS ON USING, UM, TAXPAYER FUNDED RESOURCES FOR, UM, CERTAIN LEGISLATIVE ACTIVITIES.

SO YEP.

WHEN THAT LEGISLATIVE SESSION COMES OUT, I GENERALLY WILL SEND OUT A MEMO THAT WILL REMIND YOU OF WHAT THOSE BARRIERS ARE AND WHAT THOSE BOUNDARIES ARE.

I CAN PROBABLY SEND YOU THE, THE ONE WE SENT LAST TIME, IF, IF THAT'LL BE HELPFUL FOR YOU OFFLINE.

OKAY.

YEAH.

NO, IT'S, IT'S, UM, IT, IT'S NOT FOR ME AS AN INDIVIDUAL.

I'M JUST, YOU KNOW, THIS IS WITH RESPECT TO A POLICY THAT WE'RE SETTING IN PLACE, YOU KNOW, I JUST WANNA MAKE SURE THAT, YOU KNOW, EVERYONE BEYOND US UNDERSTANDS WHAT'S APPROPRIATE POLITICAL ACTIVITY AND WHAT IS NOT, YOU KNOW, THAT VIOLATES, UM, YOU KNOW, THAT MIGHT VIOLATE YOUR ETHICAL POLICY.

SO YOU CAN SEND IT TO ME.

I JUST, YOU KNOW, IT'S PROBABLY SOMETHING THAT WE NEED TO CONTEMPLATE IN TERMS OF, UM, EDUCATING PEOPLE ABOUT WHAT OUR ETHICAL POLICY IS, BECAUSE OBVIOUSLY IT'S SO IMPORTANT, YOU KNOW, HOW WE CONDUCT OURSELVES FROM AN ETHICAL PERSPECTIVE AS A PUBLIC AGENCY.

UM, SO I DON'T KNOW WHERE THE APPROPRIATE PLACE TO CLARIFY THAT IS.

I DON'T KNOW THAT I NECESSARILY UNDERSTAND IT.

UM, BASED ON THAT, YOU KNOW, IF YOU SEND ME WHATEVER YOU HAVE, MAYBE I WILL.

UM, READING THE POLICY ITSELF, I DIDN'T, THERE WAS, I DIDN'T UNDERSTAND IS MY MEETING WITH A STATE LEGISLATOR, IF I RUN INTO, YOU KNOW, SENATOR ECKHART AND WE TALK ABOUT A TP, AM I VIOLATING OUR ETHICAL POLICY WITH RESPECT TO POLITICAL ACTION, IT'S MORE ABOUT USING A TP RESOURCES SUCH AS YOUR COMPUTER OR USING YOUR A TP EMAIL, UM, OR ANYTHING ELSE THAT'S PROVIDED BY A TP OR DOING IT ON A TP TIME.

EVEN THOUGH YOU'RE VOLUNTEER AND YOU'RE NOT PAID, THERE'S CERTAIN TIMES WHEN YOU'RE CONSIDERED, YOU KNOW, ON A TP TIME.

OKAY.

IF YOU'RE SATISFIED THAT THIS IS, UM, THAT EVERYONE WOULD UNDERSTAND IT FROM WHAT'S WRITTEN IN OUR ETHICS POLICY, I'LL LIVE WITH THAT.

THAT'S BASICALLY WAS JUST MAKING THAT POINT.

MAYOR, YOU WANTED

[00:35:01]

OKAY.

LET, LEMME MAYBE I DO LET SIX.

UM, THERE'S A DIFFERENT DIFFERENCE BETWEEN ENGAGING IN POLITICS, UTILIZING THE RESOURCES.

SO FOR EXAMPLE, IF YOU UTILIZE ATP'S RESOURCES TO HELP REELECT SOMEBODY WHO HAPPENS TO BE FAVORABLE TO ATP, THAT IS PRETTY CLEARLY.

BUT YOUR ROLE AS A BOARD MEMBER TALKING TO SOMEBODY WHO MAY GET THERE BY POLITICS, UH, THERE MAY BE POLITICS INVOLVED IN HOW YOU NEGOTIATE SOMETHING THE WAY WE BROADLY DEFINE POLITICS, BUT THEY'RE MAKING DECISIONS RELATED AND, AND TO A TP AND WHAT WE NEED TO HAVE DONE THAT IS NOT THE DEFINITION OF POLITICS UNDER THOSE CIRCUMSTANCES.

IN FACT, THAT IS CONSISTENT WITH YOUR ETHICAL ROLE E EXACTLY.

AND I'M ALL I WANT TO DO, AND I UNDERSTAND THAT, AND I KNEW THAT READING THIS, I WOULDN'T HAVE KNOWN THAT, YOU KNOW, WHERE AM I FALLING ON THAT SIDE OF THE LINE AND TOTALLY GET IT.

SO APPRECIATE IT.

I, I WOULD ALSO ADD I APPRECIATE ALL YOUR WORK ON THIS.

YEAH.

IT'S VERY GOOD WORK.

YEAH, NO, IT'S GOOD WORK.

IT'S A GOOD POLICY.

YOU KNOW, I KNOW YOU'VE WORKED ON IT AS WELL.

LIKE WE, THAT IS A THRESHOLD DEAL FOR US, UM, THAT WE HAVE, YOU KNOW, ROCK SOLID ETHICAL POLICY IN PLACE.

SO I FULLY SUPPORT IT.

ARE THERE ANY FURTHER QUESTIONS FROM OTHER BOARD MEMBERS? I DO APPRECIATE THE, THE DEPTH IN WHICH THIS HAS BEEN CONDUCTED.

AND I LIKE THAT IT'S ALSO PART, THE RED LINE IS ALSO POSTED SO PEOPLE CAN SEE THE CHANGES AND THE ADJUSTMENTS.

AND I DO LIKE THE ALIGNMENT WITH THE FEDERAL REQUIREMENTS.

I SPECIFICALLY LIKE THE FACT THAT WE'RE ALSO NOW INCLUDING OUR PROCUREMENT STAFF IN THIS BUCKET.

SO I THINK IT IS AN IMPORTANT MOVE.

UM, SO WITH THAT, I APPRECIATE EVERYONE'S PARTICIPATION IN COMPLIANCE WITH THIS POLICIES THAT I THINK REALLY SPEAK HIGHLY OF THE CHARACTER AND INTEGRITY OF NOT ONLY THIS BOARD, BUT THIS ORGANIZATION AS A WHOLE.

SO, THANK YOU.

UM, AND WITH THAT I'D LIKE TO, NOW, CAN SOMEONE PLEASE MAKE A MOTION AND MOVE BY, UH, MAYOR WATSON.

SECOND BY BOARD MEMBER LAMORE.

EVERYONE IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

AYE.

ACTION ITEM NUMBER FOUR HAS BEEN APPROVED UNANIMOUSLY.

SO MOVING

[3.5 Approval of a resolution adopting amendments to ATP's Procurement Policy and Procedures]

A RED LINE DOCUMENT IS ALSO INCLUDED IN OUR AGENDA PACKET AND ALSO PUBLISHED ONLINE MR. CUMMINGS, A A TP, SENIOR VICE PRESIDENT OF PROCUREMENT AND CONTRACTS.

HE'S GOING TO OFFER US AN UPDATE ON OUR DELIVERY CONTRACTING FRAMEWORK AND PRESENT ON THE CHANGES MADE TO ATP'S PROCUREMENT POLICY.

WELCOME, MR. CUMMINGS.

GREAT, THANK YOU SO MUCH.

I'M HAPPY TO BE HERE TO TALK ABOUT, PROVIDE AN UPDATE, AND THEN ASK THE BOARD TO MAKE SOME RECOMMENDED CHANGES TO OUR PROCUREMENT POLICY TO HELP FACILITATE A BETTER, QUICKER, FASTER PROCESS FOR OUR INDUSTRY PARTNERS AND FOR MY TEAM IN PROCESSING ALL OF THE, THE THINGS THAT WE ARE PURCHASING ON BEHALF OF THE AGENCY.

SO STARTING OFF WITH, UH, AN UPDATE ON THE CONTRACTING FRAMEWORK.

SO THIS IS A SLIDE THAT I'VE SHOWN TO THE BOARD A NUMBER OF TIMES, UM, WITH SMALL MODIFICATIONS TO CONTINUE TO SHOW CONTINUED GROWTH IN THE WAY THAT WE ARE PROCURING SOME OF THE MAJOR CONTRACTS THAT THE AGENCY NEEDS TO MOVE THE PROJECT FORWARD.

UM, AND TO PROVIDE AN UPDATE ON WHERE WE ARE.

UM, LAST TIME, UM, I PRESENTED THIS, WE HAD ASKED THE BOARD TO APPROVE OUR ON-CALL ENGINEERING CONTRACTS, WHICH THE BOARD DID.

I WANTED TO PROVIDE AN UPDATE.

WE'VE STARTED PROCESSES ON MANY PROCUREMENTS WITHIN EACH OF THOSE, UM, AWARDS THAT YOU MADE, UM, TO KEEP THE PROJECT MOVING AS FAR AS PRELIMINARY ENGINEERING GOES, AND PRELIMINARY ENGINEERING FOR ADVANCED UTILITIES.

SO WORK HAS PROGRESSED AND WE'RE MOVING FORWARD ON THAT.

I'M ALSO EXTREMELY EXCITED TO SAY THAT WE ISSUED THE DELIVERY PARTNER, UM, RFQ DOCUMENT AND ON JUNE 17TH, UM, WE, WE TOOK A LONG ROAD TO GET TO THIS POINT INVOLVING THE INDUSTRY OF THE EARLIEST STAGES AND TO GET TO THIS POINT, VERY EXCITED TO SAY THAT IT'S OUT THERE, BUT ALSO TO REMIND THE BOARD THAT WE ARE IN AN OPEN PROCUREMENT.

SO IF ANYONE APPROACHES YOU, PLEASE DIRECT THEM TO ME WHEN IT RELATES TO THE DELIVERY PARTNER.

UM, 'CAUSE WE ARE IN THAT ACTIVE SOLICITATION PROCESS.

UM, WE ISSUE THAT ON JUNE 17TH.

RESPONSES ARE DUE AUGUST 20TH, AND WE HOPE TO COME BACK TO THE BOARD LATER THIS YEAR OR NEXT YEAR FOR A RECOMMENDATION FOR AN AWARD.

UM, THIS PROCESS IN GETTING TO THIS POINT HAS BEEN AN ELABORATE PROCESS THAT HAS INVOLVED BOTH GETTING THE AGENCY READY AND THE INDUSTRY READY TO HELP TAKE ON, UM, THE WORK THAT WE HAVE.

SO INTERNALLY, WE'VE, UM, COME BACK TO THE BOARD REPEATEDLY FOR NOT ONLY AWARD RECOMMENDATIONS, BUT TO PROVIDE INFORMATION AND, UH, WORKSHOPS TO GET THE BOARD INFORMED AND, UM, READY TO MAKE DECISIONS

[00:40:01]

WE'VE ALSO ENGAGED THE INDUSTRY REALLY EARLY ON IN THE PROCESS STARTING BACK IN MARCH OF LAST YEAR, ISSUING AN RFIF AND HOSTING A LARGE INDUSTRY FORUM.

AND WE'VE KEPT THE INDUSTRY ENGAGED AT KEY PIVOTAL MOMENTS, UM, ALONG WITH THE SOLICITATIONS THAT WE'VE ISSUED TO REALLY GET THE WORK ADVANCING.

AND THAT LEADS US TO WHERE WE ARE HERE TODAY, ASKING THE BOARD TO, UM, PROVIDE SOME POLICY UPDATES FOR OUR PROCUREMENT.

UM, WE'LL COME BACK NEXT MONTH TO REQUEST SOME ADDITIONAL DELEGATION OF AUTHORITY, AND THEN WE'LL COME BACK IN OCTOBER OF THIS YEAR FOR A DEEP DIVE INTO ALL THINGS DELIVERY METHOD, UM, TO PROVIDE A DEEPER DIVE THAN WE WENT THROUGH IN MARCH AND, UH, START TO ALIGN WHERE PROJECTS MAY END UP, UM, AS FAR AS DELIVERY METHODS GO.

SO WE'RE REALLY EXCITED ABOUT THAT.

AND, UM, AND THAT LEADS ME TO THE, THE ASK THAT I HAVE WITH THE BOARD TODAY.

UM, SO I WAS HIRED BACK IN SEPTEMBER OF LAST YEAR, AND ONE OF MY TASKS ASSIGNED TO ME WAS TO REVIEW OUR CURRENT POLICIES AND TRY TO FIND WAYS TO INNOVATE AND UPDATE AND MAKE CHANGES THAT BETTER ALIGN TO FEDERAL AND STATE REQUIREMENTS AND BEST PRACTICES WITHIN THE INDUSTRY.

SO I'VE UNDERTAKEN A REVIEW OF OUR PROCUREMENT POLICY AND I'VE COME UP WITH SOME IDEAS, UM, TO, UM, IMPROVE ON THE GREAT THINGS THAT WE ALREADY HAD, UM, TO MAKE PROCUREMENT SMOOTHER AND FASTER AND EASIER FOR, UH, THE AGENCY AS A WHOLE IN THE INDUSTRY WHO'S PARTICIPATING WITH US.

UM, A LOT OF THE RECOMMENDED CHANGES ARE TO ALIGN WITH FDA BEST PRACTICES.

UM, THE FDA, UM, ISSUED A BEST PRACTICES PROCUREMENT MANUAL IN 2016.

THAT IS KIND OF THEIR GUIDEBOOK AND ALL BEST THINGS PRACTICES THAT THEY HAVE FOR PROCUREMENT.

SO INSTEAD OF REINVENTING THE WHEEL, WE ADOPTED A LOT OF THE RECOMMENDATIONS THAT THE FDA PUT FORWARD AS WE'RE GETTING READY FOR, UM, FEDERAL READINESS.

UM, SO THOSE ARE A LOT OF THE CHANGES AND THEN SOME BECOME OTHER CHANGES TO BE CONSISTENT WITH BEST PRACTICES.

UM, I'VE DIVIDED THESE INTO THREE DIFFERENT CATEGORIES.

THE FIRST ONE, ADMINISTRATIVE CHANGES.

I WASN'T HERE WHEN THE ORIGINAL POLICY WAS DEVELOPED, SO MY POSITION AND MY ROLE IN THE AGENCY WASN'T IN THE POLICY.

SO WHAT I'M ASKING IS TO INCLUDE ME IN THAT AND GIVE ME SOME ABILITY TO MAKE SOME DECISIONS AND TO MOVE THINGS FORWARD.

UM, PLEASE .

UM, AND THEN, UH, AGAIN, TO ALLOW WAS THAT, WAS THAT POLITICKING ? UM, AND MAYBE, BUT PLEASE, UM, MY POLITICS IS, IS, IS MANNERS, PLEASE.

UM, .

UM, AND THEN WE HAVE A COUPLE MORE SUBSTANTIVE CHANGES THAT RELATE TO OUR PROTEST PROCEDURES AND OUR CONTRACT DISPUTE PROCEDURES.

UM, JUST TO PROVIDE A QUICK OVERVIEW OF WHAT THOSE ARE.

OUR CURRENT PROTEST PROCEDURES ALLOW A 90 DAY PROTEST PERIOD AT THREE DIFFERENT POINTS IN THE PROCUREMENT PROCESS, WHICH IS REALLY LONG AND EXCESSIVE AND ESPECIALLY COULD CAUSE HARM TO BOTH THE AGENCY AND A CONTRACTOR WHO GETS IT AWARDED A CONTRACT BEGINS WORKING, AND THEN WE GET A PROTEST 90 DAYS INTO A CONTRACT BEING AWARDED AND HAVING TO STOP AND MOVE THINGS FORWARD.

SO IT'S TO MATCH WHAT THE FTA RECOMMENDS A 10 DAY PROTEST PERIOD, WHICH IS ENOUGH TIME FOR, UH, INFORMATION TO BE GIVEN TO A PERSON WHO'S INTERESTED IN PROTESTING, BUT ALSO DOESN'T STOP THE AGENCY FROM PROGRESSING ITS NECESSARY WORK, UM, CONTRACT DISPUTE PROCEDURES.

IT'S TO CREATE A KIND OF A STEP INTERNAL STEP PROCESS TO, UH, RESOLVE DISPUTES BEFORE IT GETS TO THE POINT WHERE ADJUDICATION HAPPENS.

SO IT KIND OF CREATES A STEP PROCESS WHERE AT DIFFERENT LEVELS WITHIN THE AGENCY, WE HOPEFULLY CAN, UM, NEGOTIATE ANY TYPE OF DISPUTE ENDING IN AN, UH, AN ATTEMPT BETWEEN THE CEO OF OUR ENTITY AND THE CEO OF THE CONTRACTOR TO RESOLVE A DISPUTE BEFORE IT GOES TO ARBITRATION OR TO MEDIATION BEFORE IT CAN GO TO ADJUDICATION.

SO IT CREATES JUST MULTIPLE STEPS TO TRY TO PREVENT THE WORST OUTCOME POSSIBLE, WHICH IS ADJUDICATION.

UM, AND THEN THERE'S SOME OTHER MINOR, UM, CHANGES THAT WE'RE ASKING FOR.

UM, ONE OF THEM IS JUST TO KIND OF CLEAR UP A, WE HAD A CATCHALL SECTION, UM, IN THE CHAPTER IN OUR CURRENT POLICY THAT JUST ANYTHING THAT DIDN'T FIT WITHIN THE OTHER ONES WAS GROUPED TOGETHER.

UM, AND WE WANTED TO CREATE A BETTER DEFINITION BETWEEN THAT.

SO ONE OF THOSE WAS TO CREATE A CONFLICTS OF INTERSECTION BECAUSE IT'S SO IMPORTANT IN WHAT WE'RE DOING, UM, TO, YOU KNOW, GIVE THE EMPHASIS THAT IT NEEDS, UM, FOR THAT.

UH, THE OTHER ONE WAS TO MATCH OPTIONS REQUIREMENTS THAT THE FDA RECOMMENDS IN THE BEST PRACTICES MANUAL.

SAME THING WITH THE COST AND PRICING DATA, DEBARMENT, SUSPENSION POLICY APPLICATIONS, WORK SITE INSPECTIONS.

UM, THE OTHER ONE THAT WE INCLUDED AUDIT, UM, IS A VERY IMPORTANT ROLE, UM, NOT ONLY INTERNAL AUDIT, UM, IN THE AUDITS THAT THE BOARD WANTS, BUT IT GIVES US THE ABILITY TO ASK INTERNAL AUDIT TO AUDIT A CONTRACT AS WELL, UM, WHEN WE'RE CONCERNED ABOUT PRICING OR DELIVERY OR ANYTHING LIKE THAT.

BUT ALSO WE WANT AN UPDATE TO MATCH THETA'S AUDIT REQUIREMENT SECTION AS WELL.

UM, SO IT'S JUST TO MAKE THAT VERY, VERY CLEAR ON WHAT'S ALLOWABLE AND WHAT WILL BE INSERTED INTO SOLICITATION DOCUMENTS.

AND THEN JUST TO UPDATE SOME TERMINATION AND CLARITY TO MATCH, UM, UH, KIND OF THE VERNACULAR THAT THE INDUSTRY HAS RIGHT NOW.

[00:45:01]

THANK YOU MR. CUMMINGS.

UM, FIRST I'D LIKE TO ASK FOR A MOTION BEFORE WE GO INTO DISCUSSION.

A MOTION TO APPROVE MOVED BY MAYOR WATSON, SECONDED BY BOARD MEMBER GARZA.

NOW, ANY DISCUSSION OR QUESTIONS FOR MR. C*****G? ME, I, I JUST WANNA SAY GOOD WORD.

ALL OF THESE REPORTS TODAY AND ALL OF THE CHANGES THAT HAVE BEEN RECOMMENDED SHOW IN MY MIND SOME OF THE BEST EXAMPLE OF A STAFF THAT REALLY DEEPLY CARES ABOUT WHAT IT'S DOING AND LOVES WHAT IT'S DOING.