CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING East Fifth Street Austin, TX :00 PM 04:23 PM Meeting Adjourned

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1 CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING 2910 East Fifth Street Austin, TX ~ MINUTES ~ Executive Assistant/Board Liaison Gina Estrada Friday, April 25, :00 PM Meeting Called To Order 12:00 PM 04:23 PM Meeting Adjourned I. Pledge of Allegiance II. Public Comment: Public comment was largely about the developer candidates for the downtown Saltillo property: Frank Schaeffer from SXSW supports Saltillo Collaborative because of the affordable housing; this developer keeps the community in mind. The vision fits in with the neighborhood. We like the partners that are a part of this project. Catherine Vasquez Rivia, supports Saltillo Collaborative and says they are superior to the other developers. This is our last hope to keep our culture alive. Her family has been displaced many times. Property taxes have increased over 400% since Will stimulate work force, increase diversity. Joseph Martinez, Chairman of Guadalupe Neighborhood Corp. Mr. Martinez supports the Saltillo Collaborative. It is sacred ground. It is our personal duty to protect our land and to provide affordable housing for all individuals. Bob Ward supports Saltillo Collaborative. Mr. Ward has been in the real estate business for years. The plans from Saltillo Collaborative seem to fit East Austin. They focus on families. Many families are leaving Austin because there is no affordable housing. Lori Renteria with the East Cesar Chavez Neighborhood Association supports Saltillo Collaborative. We want a partner that will work with together with the community. Pio Renteria, also of ECCNA, thanked the board and citizens for their support. Board of Directors Page 1 Printed 5/30/2014

2 Mr. Renteria supports the Saltillo Collaborative. Johnny Limon we must protect the community. It cannot be done if the people are gone. Many neighbors are leaving the community every year. He supports the Saltillo Collaborative. Linda Johnston, an East 6th Street business owner, supports Saltillo Collaborative, it is all about connectivity. Daniel Llanes, Govalle/Johnston Terrance Neighborhood Contact Team, supports Saltillo Collaborative. It is the best design and the best in its support for the community. Jane Rivera, Eastside resident supports the Saltillo Collaborative. Nathan McKenzie, artist, wants the 1L and the 1M bus routes book. He likes the trains they are beautiful. Take care of the people that need help. Raul Alvarez, President East Austin Conservancy, helps residents with their taxes, known in the community as the Tax Assistant Program. There need to be a benefit to the current people in the community. He supports Saltillo Collaborative. Gilbert Rivera, Chair of the Rosewood Neighborhood Association, says we are slowly being moving out. He supports Saltillo Collaborative, this project will be here for a 100 years, and Saltillo Collaborative has committed to 99 years for affordable housing here. Stephanie Gharakhanian, Workers Defense League, supports Saltillo Collaborative because they have partnered with them to supports the workers wages of a minimum $12.00 per hour and affordable housing. Homer Hill, resident, business owner. He supports Riverside Resources. It not what you put on paper, but you must live by your deeds. Promises are easy to make but promise have been broken. In a rush to get what we want sometimes we make promises but we do not keep them. He has been engaged with the community since he was 17 years old. Pastor Tony Johnson believes that individuals should have a second chance. Lived at Chicon and 12 th St for 25 years. The community has been turned around where anyone would like to live there. Redevelopment is good when it is done right. It is safe to walk or to bike down 12 th street now. He supports Riverside Board of Directors Page 2 Printed 5/30/2014

3 Resources. Sylvia Orozco, Executive Director of Mexic-Arte and 5 th St. Mexican American Heritage Corridor. Supports the Saltillo Collaborative Development. Bertha Delgado, President, East Austin Citizens Neighborhood Association. Promises have been broken to East Austin. Cap Metro is part of protecting the neighborhood. We need housing, but the investors are out of Dallas or are we trying to get someone locally that knows our neighborhood to invest in us. There has not been enough community dialogue. Ms. Delgado supports Riverside Resources. III. Executive Session of Chapter 551 of the Texas Government Code: Section for real propery issues - Real Estate - Downtown Rail Property. Section for legal advice, Litigation Matters IV. Action Items: 1. Approval of a resolution to authorize the President/CEO or her designee, to finalize and execute a settlement agreement with Veolia Transportation in the amount of $677,500 from Veolia Transportation in settlement for all claims and matters associated with the termination of Contract # x Dottie Watkins, Vice President, Bus & Paratransit presented this item to the board. Veolia Transportation approached Capital Metro and would like end their contract earlier than anticipated. McDonald Transit would pick up the routes currently operated by Veolia, which they had anticipated doing in August anyway. RESULT: ADOPTED [5 TO 0] MOVER: John Langmore, Board Member SECONDER: Chris Riley, Vice Chair AYES: Langmore, Stafford, Mitchell, Martinez, Riley ABSENT: Norm Chafetz AWAY: Beverly Silas, David Siebold Board of Directors Page 3 Printed 5/30/2014

4 V. Presentations: John Hodges, Vice President Real Estate & Asset Management presented to the board the developers. This is one of the products that Cap Metro wants to maximize. To maximize this property it must be developed. There will be presentations from the final four developers. The developers will present in alpha order. The following developers collaborated with the board of directors: Argyle/Cypress Endeavor Riverside Resources Saltillo Collaborative Mike Martinez, Chairman wanted to know from the Cap Metro attorney, Rick Reed what will be the meagerness in place to be sure that we are getting what we are asking from the developers. Rick Reed, attorney at law responded that the information would need to be put into the contract and it would be enforceable by Cap Metro. The collaboration between the board of directors and the developers included some of the following; Parking issues were addressed The amount of units for the project The amount of units that would be affordable housing and would the affordable units be mixed or different Partners with the Workers Defense Vision of each developer for Saltillo Plaza Plans for attracting the target market Board of Directors Page 4 Printed 5/30/2014

5 VI. Adjournment ADA Compliance Reasonable modifications and equal access to communications are provided upon request. Please call (512) or if you need more information. BOARD OF DIRECTORS: Mayor Pro Tem Mike Martinez, chairperson; Chris Riley, vice chair; Ann Stafford, board secretary; Terry Mitchell; Council Member David Siebold; Beverly S. Silas; John Langmore and Norm Chafetz. Board Liaison: Gina Estrada (512) , if you need more information. The Board of Directors may go into closed session under the Texas Open Meetings Act. In accordance with Texas Government Code, Section , consultation with attorney for any legal issues, under Section for real property issues; under Section for personnel matters, or under Section , for deliberation regarding the deployment or implementation of security personnel or devices; arising regarding any item listed on this agenda. Gloria E. Barnes Date Support Specialist II Board/ Legal Department Board of Directors Page 5 Printed 5/30/2014

6 Capital Metropolitan Transportation Authority MEETING DATE: 04/25/2014 Board of Directors CMTA Veolia Transportation Contract Settlement 4.1 SUBJECT: Approval of a resolution to authorize the President/CEO or her designee, to finalize and execute a settlement agreement with Veolia Transportation in the amount of $677,500 from Veolia Transportation in settlement for all claims and matters associated with the termination of Contract # FISCAL IMPACT: Capital Metro will receive $677,500 as a result of this settlement.. STRATEGIC GOAL ALIGNMENT: STRATEGIC OBJECTIVE(S): 1. Deliver the best possible customer experience 1.1 Promote a culture of safety EXPLANATION OF STRATEGIC ALIGNMENT: The early termination of the contract and settlement of all outstanding operational and financial interests ensures continued provision of high quality transportation and a safe, reliable service. BUSINESS CASE: It is in the interest of the Authority to mutually agree to a financial settlement of all matters associated with the termination of this contract. COMMITTEE RECOMMENDATION: This agenda item was presented to the full Board of Directors. EXECUTIVE SUMMARY: Veolia Transportation has been providing fixed route transportation services under a contract with Capital Metro since 2009 which expires in September Capital Metro has chosen not to solicit a new contract for these services, but instead to allocate the services to existing contractors in order to achieve operating efficiencies. At this time Veolia Transportation and Capital Metro have mutually agreed that it is in the best interest of both parties to terminate Veolia s services under this contract effective May 11, Capital Metro and Veolia Transportation have agreed to the following major terms of the transition and settlement and seek approval from the Board of Directors to finalize the remaining details and execute a settlement agreement upon termination of the contract. Final date of service by Veolia of May 10, 2014 Payment to Capital Metro of $15,000 per vehicle for 42 standard transit buses for required maintenance to the vehicles upon transition to other contractors for service Payment to Capital Metro of $7,500 per vehicle for 3 fixed route vans for required maintenance to the vehicles upon transition to other contractors for service Payment to Capital Metro of $5,000 per vehicle for 5 standard transit buses that have already been transferred to another contractor for service Continued performance of contractual obligations for return of the facility and equipment per the contract DBE PARTICIPATION: Does not apply. Page 1 Packet Pg. 6

7 4.1 RESPONSIBLE DEPARTMENT: Operations Page 2 Packet Pg. 7

8 4.1 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA Veolia Transportation Contract Settlement WHEREAS, the Capital Metropolitan Transportation Authority board of directors and Capital Metro management desire to reach an acceptable resolution for the termination of the contract for services, the return of Capital Metro vehicles and the transition of service to other fixed route service providers; and WHEREAS, Capital Metro management and Veolia Transportation have reached an agreement on the terms of such termination and transition of services. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority board of directors that the president/ceo, or her designee, is authorized to finalize and execute a settlement agreement with Veolia Transportation in the amount of $677,500 from Veolia Transportation in settlement to settle claims associated with the termination of Contract # RESULT: ADOPTED [5 TO 0] MOVER: John Langmore, Board Member SECONDER: Chris Riley, Vice Chair AYES: Langmore, Stafford, Mitchell, Martinez, Riley ABSENT: Norm Chafetz AWAY: Beverly Silas, David Siebold Date: April 25, 2014 Secretary of the Board Ann Stafford Page 3 Packet Pg. 8

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