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					                          WHATCOM TRANSPORTATION AUTHORITY
                              BOARD OF DIRECTORS MEETING
                                         AGENDA
                          THURSDAY, FEBRUARY 21, 2013, 8:00 A.M.
                             Whatcom County Council Chambers
                               311 Grand Avenue, Bellingham

                                                                               Pages
A. CALL TO ORDER

B. ROLL CALL

C. RECOGNITION

     C.1     Twenty Year Service Award for Don Klatt
     C.2     Twenty Year Service Award for Keith Morris
     C.3     Thirty-Five Year Service Award for Richard Walsh

D. CITIZEN COMMUNICATIONS

E. BOARD ACTION - CONSENT AGENDA

     E.1     Consideration of Approval of Minutes – January 17, 2013             1-7
             Board Meeting

     E.2     Consideration of Approval of January 1-31, 2013 Expenditures       8 - 17
             (Exec. Committee)


F. BOARD ACTION

     F.1     Re-Vote for Representative to the Whatcom Transportation              18
             Policy Board and an Alternate

     F.2     Consideration of Amending the Bylaws to Include the               19 - 30
             Assignment of Executive Committee Member Alternates
             (Exec. Committee)


     F.3     Consideration of Setting a Public Hearing for Proposed Fare       31 - 32
             Policy Changes (Exec. Committee)

     F.4     Consideration of Procurement Policy Updates   (Exec. Committee)   33 - 36

     F.5     Consideration of Approval of the WTA 2013 Disadvantaged           37 - 56
             Business Enterprise (DBE) Program (Exec. Committee)




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx
     F.6     Consideration of Acquisition of Two Operations Supervisory
             Staff Vehicles (to be distributed at the meeting)

G. BOARD DISCUSSION

     G.1     Discussion of a Farebox Recovery Ratio                       57

H. REPORTS TO BOARD

     H.1     General Manager's Report

     H.2     Pending Procurements

I.   EXECUTIVE SESSION (if necessary)

J.   OTHER BUSINESS

K. ANNOUNCEMENTS

L. ADJOURN




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx
CONSENT AGENDA ITEM E.1

                         WHATCOM TRANSPORTATION AUTHORITY
                               RECORD OF PROCEEDINGS
                         BOARD OF DIRECTORS REGULAR MEETING
                                  JANUARY 17, 2012

A.    CALL TO ORDER

Chairperson Mel Hansen called the meeting to order at 8:00 a.m. at the Whatcom
County Council Chambers, 311 Grand Avenue, Bellingham, Washington.

B.    ROLL CALL

Members Present:       Ackerman, Greenough, Hansen, Kremen, Linville, Louws,
                       Snapp, Weiss, Lowry
Members Absent:        Korthuis
Staff/Counsel Present: R. Walsh, V. Esser, M. McCarthy, R. Nicholson, P. Schramer,
                       P. Stark, P. Dunn, A. Rowlson, M. Zlotek, C. Colburn,
                       J. Nylander
Others Present:        Glen Hallman, John Withrow, Ralph Schwartz (Bellingham
                       Herald)

C. BOARD REORGANIZATION

     C.1     Seating of 2013 Board Members, Election of Officers, Appointment to
             Committees, and Other Assignments

Board Chair, Mel Hansen welcomed back all 2012 Board members who are returning
for 2013.

Chair Hansen listed the officers and assignments for which there needs to be a vote
including Board Chair, Board Vice-Chair, Executive Committee members, Executive
Committee Vice-Chair, and a representative to the Whatcom Transportation Policy
Board (WTPB) along with an alternate representative.

Chair Hansen opened the floor for Board Chair nominations.

Ackerman nominated Hansen for Board Chairperson.          There were no other
nominations. MOTION BY ACKERMAN, SECONDED BY KREMEN THAT THE
NOMINATIONS BE CLOSED. The motion passed unanimously. Mel Hansen was
unanimously elected as Board Chairperson. He will also automatically serve as the
Chair of the Executive Committee.

Snapp nominated Ackerman for Board Vice-Chairperson. There were no other
nominations. Jim Ackerman was unanimously elected as Board Vice-Chairperson.



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                         1
The floor was opened to receive nominations for the City of Bellingham member on the
Executive Committee. Ackerman nominated Snapp. Weiss nominated himself. Both
candidates were allowed to make a brief statement explaining why they want to be on
the Executive Committee. Stan Snapp was elected to be a member of the Executive
Committee by a vote of 6 – 2.

Louws nominated Kremen for the County member on the Executive Committee. There
were no other nominations. Pete Kremen was unanimously elected to be a member of
the Executive Committee.

Board Chair Hansen stated that Mark Lowry, the Board non-voting Labor
Representative, will also automatically be a member of the Executive Committee
according to the newly revised bylaws.

Ackerman nominated Snapp for Executive Committee Vice-Chairperson. There were
no other nominations. Stan Snapp was elected as the Executive Committee Vice-
Chairperson.

Chair Hansen said he would accept nominations for the representative to the Whatcom
Transportation Policy Board (WTPB). Kremen nominated Snapp, who declined the
nomination. Kremen nominated Weiss, who declined because he is already on the
WTPB. Linville nominated Kremen. There were no other nominations. Pete Kremen
was elected as the representative to the Whatcom Transportation Policy Board.

Louws nominated Hansen for the alternate representative to the WTPB. There were no
other nominations. Mel Hansen was elected as the alternate representative to the
Whatcom Transportation Policy Board.

The reorganization results are shown in the following list:

                              2013 Board Officers and Assignments

Board Chairperson                                       Mel Hansen
Board Vice-Chairperson                                  Jim Ackerman

Executive Committee Members:
    Committee Chairperson                               Mel Hansen
    Committee Vice-Chairperson                          Stan Snapp
                                                        Pete Kremen
      Non-voting Labor Representative                   Mark Lowry

Representative to the Whatcom Transportation            Pete Kremen
  Policy Board (WTPB)

Alternate Representative to the WTPB                    Mel Hansen



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                       2
D. CITIZEN COMMUNICATIONS

Verbatim Transcript

John Withrow, Lynden: I attended the Executive Committee meeting at which it was
discussed, the reconfiguration of the committee, and I just wanted to ask as a point
relating to that and Jack’s wish to be on that committee… was the choice being made
as to what the required members of the committee would be, excluding members of the
Board who were not required, or was the choice being made to… in other words, was it
a minimum attendance or was it a maximum attendance and would it be possible for a
member of the Board to attend as a full voting member at the Executive Committee.

End of Verbatim Transcript

Board Chair Hansen answered that this is a required configuration. We must have
three members and they are the only voting members, however, all Board members are
welcome and encouraged to attend and participate in the discussion.

Richard Walsh, General Manager stated that staff will continue to send the Executive
Committee meeting packets out to all Board members.

E. BOARD ACTION - CONSENT AGENDA

     E.1     Consideration of Approval of Minutes – December 13, 2012 Board
             Meeting

     E.2     Consideration of Approval of December 1 - 31, 2012 Expenditures

MOTION BY ACKERMAN, SECONDED BY KREMEN THAT THE BOARD OF
DIRECTORS APPROVE THE CONSENT AGENDA WHICH INCLUDED APPROVAL
OF THE MINUTES FROM THE DECEMBER 13, 2012 BOARD MEETING AND
APPROVAL OF THE DECEMBER 1 - 31, 2012 EXPENDITURES.

The motion passed 8 – 0.

F. EXECUTIVE SESSION

     F.1     Collective Bargaining Agreement

             Board Chair Hansen announced that an Executive Session would be held to
             discuss a tentative collective bargaining agreement and the expected duration
             would be 20 minutes. He said the Board would be taking action following the
             Executive Session to either approve or reject the agreement.
             Chair Hansen recessed the meeting into Executive Session at 8:15 a.m. At
             8:35 a.m., a five minute extension was announced to waiting citizens. Chair
             Hansen reconvened the meeting into Open Session at 8:40 a.m.


P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                            3
G. BOARD ACTION

     G.1     Consideration of Ratification of Collective Bargaining Agreement

Recommendation: It is recommended that the Board approve the negotiated collective
bargaining agreement and authorize the General Manager to execute that agreement.

Andy Rowlson, Director of Human Resources gave an overview of the tentative
collective bargaining agreement as outlined in the packet item.

MOTION BY LOUWS, SECONDED BY SNAPP AND KREMEN SIMULTANEOUSLY
THAT THE BOARD OF DIRECTORS APPROVE THE NEGOTIATED COLLECTIVE
BARGAINING AGREEMENT WITH THE ATU AND AUTHORIZE THE GENERAL
MANAGER TO EXECUTE THAT AGREEMENT.

Board member Louws thanked the staff and ATU for the give and take to make this
happen within the guidelines that the Board presented to staff mid-year last year. He
said everybody could be complimented for a job well done on this. He said he is very
supportive of approving this agreement.

Board member Snapp commended the staff and the union for working this out. He said
he spent more than 20 years at the table on the employees’ side of the Fire Department
and he fully understands that this is a difficult task.

The motion passed 8 – 0.

Mr. Rowlson stated that staff will be coming to the Board later this year to adjust the
budget to reflect the changes in the agreement.

     G.2     Consideration of Vanpool Purchase Award
Recommendation:      That the Board of Directors approve the purchase of 12
replacement vanpool vehicles under state contract, from Bud Clary Auto Dealerships of
Longview, WA in the amount of $337,826. In addition, staff recommends a contingency
and make-ready allowance of $18,000 for a total cost of $355,826.
MOTION BY ACKERMAN, SECONDED BY SNAPP THAT THE BOARD OF
DIRECTORS APPROVE THE PURCHASE OF 12 REPLACEMENT VANPOOL
VEHICLES UNDER STATE CONTRACT, FROM BUD CLARY AUTO DEALERSHIPS
OF LONGVIEW, WA IN THE AMOUNT OF $337,826. IN ADDITION, THAT A
CONTINGENCY AND MAKE-READY ALLOWANCE OF $18,000 BE APPROVED FOR
A TOTAL COST OF $355,826.
The motion passed 8 – 0.




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                         4
     G.3     Consideration of Disposal of Surplus Vehicles and Related Inventory

Recommendation: That the Board of Directors declare seven Orion coaches and their
supporting parts inventory as surplus and authorize the General Manager to dispose of
these coaches and parts in accordance with standard WTA disposal practices.

MOTION BY SNAPP, SECONDED BY ACKERMAN THAT THE BOARD OF
DIRECTORS DECLARE SEVEN ORION COACHES AND THEIR SUPPORTING
PARTS INVENTORY AS SURPLUS AND AUTHORIZE THE GENERAL MANAGER TO
DISPOSE OF THESE COACHES AND PARTS IN ACCORDANCE WITH STANDARD
WTA DISPOSAL PRACTICES.

The motion passed 8 – 0.

H. REPORTS TO THE BOARD

     H.1     WSDOT Summary of Public Transportation - 2011

Richard Walsh, General Manager gave an overview of the section of the WSDOT
Summary of Public Transportation - 2011 that shows operating statistics for WTA and
other transit systems statewide. He pointed out how WTA compares very favorably to
other small urban transit systems around the state with statistics generally well above
the state average in the three categories of service that we provide. He stated that
WTA excels in the Fixed Route service category.

Mr. Walsh made note of the fact that WTA, in passenger trips per revenue mile for fixed
route service (a measure of productivity), was second in the state at 40.6 trips. Only
Pullman Transit, basically a university service, scored higher. This compared to a state
average of 30.9 and an average of 24.7 for small urban systems.

     H.2     General Manager’s Report

Richard Walsh reported that December sales tax revenue, which was for sales in
October, increased 11% over the same month the previous year. He said we finished
the year about 6% higher than 2011. He said our budget projected a 2% increase so
recovery is happening. He said we are still not to 2007 levels, but are moving in that
direction.

Mr. Walsh reported that one of staff’s work plan items for 2013 is a review of WTA’s fare
policy. He said staff also have a capital project to replace WTA’s fareboxes on all of the
fixed route and potentially the paratransit vehicles. He said before we advance the
farebox replacement project, we needed to look at our fare policy to see if there were
any changes that would need to be accommodated by the farebox. He said a
committee has been working on this for the past three months and will be reporting to
the Executive Committee and the Board next month on recommendations for
modifications to WTA’s fare policy. Mr. Walsh said if those recommendations are



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                            5
supported, staff would ask the Board to call a Public Hearing for the month of March for
consideration of fare policy changes in April. He said once that work is finished, we can
complete our specification development for the fareboxes.

Mr. Walsh said, as the Board knows, we have eight new hybrid buses and had a great
community event at the Haggen’s store on Meridian Street in Bellingham and at the
Haggen’s in Ferndale last Saturday where children fifth grade and under were invited to
come onto one of the hybrid buses and create and submit a piece of artwork for a
chance to have their artwork displayed on some of the new hybrid buses. He said
Maureen McCarthy was in charge of that project and WTA received over 150 entries
from kids at both sites. He said the event was well publicized and was a huge success.
He said staff are judging the artwork now and plan on selecting nine winners. He said
we expect to introduce the hybrids into service by February 1st. He said the
Maintenance Department has finished their make-ready work and we are now training
Operators.

Mr. Walsh reported that WTA’s 2012 annual ridership saw an increase of 5.3% in fixed
route and about a 2% increase in ridership in Specialized Transportation compared to
2011. He said our passengers per hour productivity went up 2% in fixed route in that
same period of time.

Mr. Walsh said there are some issues with full buses at Western Washington University
in the mid-morning. He said the busiest times change each quarter as students’
schedules change. He said staff are watching the issue and will make adjustments as
needed.

Mr. Walsh reported that the City of Bellingham Transportation Benefit District (TBD)
Board is meeting on Jan. 28th and WTA staff will be presenting the latest performance
data for the services that the TBD is purchasing from WTA. He said this will include the
Route 46 waterfront service that was introduced as a one-year pilot service. He said
staff members hope to get some direction from the TBD Board as to whether they want
to support continuation of that service. He said the service still has not met WTA’s
performance expectations.

     H.3     Pending Procurements

             None

I.   OTHER BUSINESS

Board member Kremen stated that he attended an event in Kendall at the East
Whatcom Regional Resource Center about a month ago and three or four individuals
asked that he bring a request to the Board for a covered bus stop. He said they believe
there would be a lot more people using WTA service if they had a covered bus stop.




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                            6
J.   ANNOUNCEMENTS

     None

K. ADJOURN

     The meeting was adjourned by Chairperson Mel Hansen at 9:02 a.m.

                                           WHATCOM TRANSPORTATION AUTHORITY
                                           WHATCOM COUNTY, WASHINGTON


                                           ____________________________________
                                           MELVIN D. HANSEN, CHAIRPERSON


___________________________________
VICKI G. ESSER, CLERK OF THE BOARD




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                      7
AGENDA ITEM E.2a                                                                     FOR ACTION

                                               MEMORANDUM

TO:              Chairman and Members of the Board of Directors

FROM:            Patricia Dunn, Director of Finance

DATE:            February 21, 2013

SUBJECT:         Consideration of January 1-15, 2013 Expenditure Report

RECOMMENDATION:

The Executive Committee met on February 14, 2013 and recommended that the Board
of Directors approve the January 1-15, 2013 payable and payroll expenditures as
follows:

Check numbers 061685 - 061779in the amount of $5,016,690.61.

Total Accounts Payable                                                         $5,016,690.61

    Electronic Transfers
    AFLAC                                  Insurance Benefits           $ 1,812.99
    ATU 843                                Union Dues                   $ 6,000.06
    Colonial Insurance                     Insurance Benefit            $ 1,024.92
    Dept. of Retirement Systems            PERS & Deferred Comp.        $74,735.35
    Trustmark Voluntary Benefit            Insurance Benefit            $ 163.76
    Vantagepoint Transfer Agents           Retirement Health Benefit    $ 4,126.62
    Office of Support Enforcement          Garnishment                  $ 369.75
    WA State Dept. of Revenue              Use Tax-December 2012        $ 3,735.41
    US Bank                                PCard Purchases-Dec. 2012    $19,987.32


Total Electronic Transfers                                                     $ 111,956.18

    Payroll – January 7, 2013

    Checks 1528-1636                                                   $ 44,017.71
    Direct Deposits                                                    $405,167.20
    Payroll Taxes                                                      $197,734.04

Total Payroll                                                                  $ 646,918.95

Grand Total                                                                    $5,775,565.74




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                   8
 TO:           Richard Walsh, General Manager
 FROM:         Patricia Dunn, Director of Finance
 SUBJECT:      Budget Expenditures, January 1-15, 2013
 DATE:         January 18, 2013

 Check      Date         Vendor Name                     Comment                                   Amount
  No
 061685     1/2/2013     DEPARTMENT OF LICENSING         Licensing Fees-4-2012 Gillig Buses         141.00
 061686     1/4/2013     A.T.U. - C.O.P.E.               Employee Donations                         186.35
 061687     1/4/2013     UNITED WAY OF WHATCOM COUNTY    Employee Donations                         664.67
 061688     1/4/2013     CHAPTER 13 TRUSTEE              Garnishment                              1,937.50
 061689     1/4/2013     LUMMI NATION CHILD              Garnishment                                132.00
 061691     1/10/2013    ALL-PHASE ELECTRIC              Misc. Parts                                 25.96
 061692     1/10/2013    PHIL ANDERSON                   Uniform Shoe Reimbursement                 185.00
 061693     1/10/2013    BAKERVIEW NURSERY               2 Yards Crushed Limestone                   84.68
 061694     1/10/2013    BAY CITY SUPPLY                 Cleaning Supplies & Paper Goods          1,595.99
 061695     1/10/2013    BECKLUND & ASSOCIATES, LLC      Annual Fees-FTA Audit/Support            6,863.50
 061696     1/10/2013    BELLINGHAM AUTO PARTS           Misc. Parts                                367.68
 061697     1/10/2013    CASCADE NATURAL GAS             Cordata Station                            302.33
 061698     1/10/2013    CASCADE NATURAL GAS             Lynden Station                             286.78
 061699     1/10/2013    CASCADE NATURAL GAS             Bakerview Spur (2)                       2,464.28
 061700     1/10/2013    CASCADE NATURAL GAS             Bakerview Spur                             156.07
 061701     1/10/2013    CENTURYLINK                     WTA - Phone Service                        111.11
 061702     1/10/2013    CENTURYLINK                     WTA - Phone Service                      1,575.36
 061703     1/10/2013    CARY CHUNYK                     CDL - Renewal Reimbursement                 85.00
 061704     1/10/2013    CITY CAB INC                    November Cab Rides                       8,189.47
 061705     1/10/2013    CITY CAB INC                    November - ERH                              19.29
 061706     1/10/2013    COMMERCIAL FILTER SALES         Misc. Parts                                190.70
 061707     1/10/2013    COMMUTER VAN CONVERSIONS        Vehicle Lights - Stock Parts                66.00
 061708     1/10/2013    COPY SOURCE                     250-Para Vacation Book Sheets              246.20
 061709     1/10/2013    CUMMINS NORTHWEST, LLC          Misc. Parts                              6,069.02
 061710     1/10/2013    DAIMLER BUSES NORTH AMERICA     Misc. Parts                                 23.39
 061711     1/10/2013    DIEHL FORD, INC.                Misc. Parts                                282.38
 061712     1/10/2013    VICKI ESSER                     Q-4 2012 - Mileage Reimb.                   10.27
 061713     1/10/2013    FASTENAL COMPANY                Misc. Supplies                             599.82
 061714     1/10/2013    FED EX (KINKO'S)                Lamin.&Cut-(60)-WTA Road Rules             192.27
 061715     1/10/2013    CITY OF FERNDALE                Water, Sewer & Storm Water Fees            396.57
 061716     1/10/2013    FLEX-PLAN SERVICES, INC.        December - Participant Fee                 390.60
 061717     1/10/2013    FLEX-PLAN SERVICES, INC.        Employee Contributions                   3,430.15
 061718     1/10/2013    ERIC FRAZIER                    Travel Reimb, - Pierce Transit              23.92
 061719     1/10/2013    GATEWAY CONTROLS, INC.          Main Shaft Assy. Transmitters              106.83
 061720     1/10/2013    GILLIG, LLC                     7 Hybrid Buses                       4,501,941.25
 061721     1/10/2013    GRAINGER, INC.                  Misc. Supplies                              94.06
 061722     1/10/2013    HADLEY PRODUCTS CORP.           Misc. Parts                                 25.61
 061723     1/10/2013    HAGEL & COMPANY                 ABRA - Software Support                  2,651.95
 061724     1/10/2013    HARDWARE SALES                  Misc. Supplies                             186.99
 061725     1/10/2013    HEALTH PROMOTION NETWORK        December 2012 - EAP                        438.00
 061726     1/10/2013    LISA HOVIND                     Uniform Shoe Reimbursement                  95.81
 061727     1/10/2013    HEWLETT PACKARD COMPANY         BTS-Camera System Computer               6,325.47
 061728     1/10/2013    CHARLES HUNT                    CDL-Renewal Reimbursement                   85.00



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                   9
 061729     1/10/2013    INDUSTRIAL SUPPLY                Misc. Supplies                              29.30
 061730     1/10/2013    JEFF JAMES                       Uniform Shoe Reimbursement                  52.18
 061731     1/10/2013    JAMIK CORP                       October Washes                              14.00
 061732     1/10/2013    JNS FREIGHT SERVICE              Shipping Service                           136.50
 061733     1/10/2013    LYNDEN TRIBUNE                   500 Specialized Brochures                  257.97
 061734     1/10/2013    SANDRA LYONS                     Uniform Shoe Reimbursement                  35.86
 061735     1/10/2013    MASCOTT EQUIPMENT COMPANY INC    Misc. Parts                                 87.89
 061736     1/10/2013    MCMASTER-CARR SUPPLY CO.         Misc. Supplies                              76.76
 061737     1/10/2013    HOWARD MELTZER                   Uniform Shoe Reimbursement                 100.00
 061738     1/10/2013    MOTOR TRUCKS INC.                Misc. Parts                                 13.27
 061739     1/10/2013    MT. BAKER AUTO GLASS             Windshield Repairs & Misc. Glass           163.08
 061740     1/10/2013    MUNCIE TRANSIT SUPPLY            Misc. Supplies                             124.36
 061741     1/10/2013    NORTHWEST SOLUTIONS, INC.        2 - 55 Gal. Drums - BIO Cleaner          1,102.33
 061742     1/10/2013    OFFICE DEPOT, INC.               Office Supplies                            556.72
 061743     1/10/2013    OFFICE MAX CONTRACT, INC.        Office Supplies                            965.82
 061744     1/10/2013    PACIFIC POWER BATTERIES          Misc. Parts                                 22.28
 061745     1/10/2013    DONALD M. PARKS                  CDL Reimbursement                          105.00
 061746     1/10/2013    PLATT ELECTRIC                   Misc. Parts                                169.99
 061747     1/10/2013    PUGET SAFETY EQUIPMENT CO.       Safety Equipment & Supplies                347.79
 061748     1/10/2013    MICHAEL E. PURDY                 Trapeze Ops-Sole Source Review             225.00
 061749     1/10/2013    RAIRDON'S                        Misc. Parts                                295.40
 061750     1/10/2013    CHARLES RANKIN                   Uniform Shoe Reimbursement                  48.90
 061751     1/10/2013    REFRIGERATION SUPPLIES DISTR.    Misc. Parts                                145.76
 061752     1/10/2013    REISNER DISTRIBUTOR, INC.        Fuel, Oil, & Lubes                      40,306.29
 061753     1/10/2013    RICOH USA, INC.                  Fleet Copier Lease                         114.14
 061754     1/10/2013    RICOH USA, INC.                  D/S Workroom-Copier Maintenance             78.29
 061755     1/10/2013    MAYNARD RUTLEDGE                 Uniform Allowance                          282.46
 061756     1/10/2013    S & H AUTOPARTS, INC.            Misc. Parts                                142.45
 061757     1/10/2013    SEATTLE AUTOMOTIVE DISTR, INC.   Misc. Parts                                 59.80
 061758     1/10/2013    SECURITY SOLUTIONS               BTS - Quarterly Alarm Fee                  105.00
 061759     1/10/2013    SIGNS PLUS                       4 - RTA Signs                              918.52
 061760     1/10/2013    SIX ROBBLEES, INC.               Misc. Supplies                             438.93
 061761     1/10/2013    SOUND SHREDDING & RECYCLING      December - 2012                            175.94
 061762     1/10/2013    SPORTSWORKS NORTHWEST, INC.      Bike Rack Parts                             92.16
 061763     1/10/2013    SPRINT                           WTA - Phone Service                      1,717.50
 061764     1/10/2013    STAPLES ADVANTAGE                Office Supplies                            504.96
 061765     1/10/2013    STELLAR INDUSTRIAL SUPPLY        Misc. Supplies                               8.66
 061766     1/10/2013    JANICE ST. PETER                 Uniform Shoe Reimbursement                 100.00
 061767     1/10/2013    SUNSET CAR WASH, INC.            December Washes                            137.00
 061768     1/10/2013    TRANSPORTATION CHOICES           2013 Membership Dues - WTA               5,000.00
 061769     1/10/2013    TURFTENDERS, INC.                December - Fees                          1,554.77
 061770     1/10/2013    UNIFIRST CORPORATION             Laundry Service                          1,393.04
 061771     1/10/2013    UNITED PARCEL SERVICE, INC.      Shipping Service                            42.08
 061772     1/10/2013    US POSTAL SERVICE                Postage Meter Replenishment              3,000.00
 061773     1/10/2013    VACATIONLAND R.V. SALES          Forklift Propane                            12.88
 061774     1/10/2013    VERIZON WIRELESS, BELLEVUE       WTA - Phone Service                      1,048.37
 061775     1/10/2013    WESTERN FACILITIES SUPPLY        Misc. Supplies                              75.58
 061776     1/10/2013    WESTERN FLUID COMPONENTS         Misc. Supplies                              44.11
 061777     1/10/2013    WIZTRONICS, INC.                 Radio Repairs & Repeater Lease             571.24
 061778     1/10/2013    JAMES WRIGHT                     Uniform Shoe Reimbursement                 100.00



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 061779     1/10/2013    WA ST TRANSIT INSURANCE POOL      2013 Annual Insurance Expense     404,344.00
                                                                                           5,016,690.61
                              ELECTRONIC TRANSFERS

                                       AFLAC                       Insurance Benefit          1,812.99
                           AMALGAMATED TRANSIT UNION 843       Employee Contributions         6,000.06
                         COLONIAL INSURANCE COMPANY                Insurance Benefit          1,024.92
                          DEPT OF RETIREMENT SYSTEMS           PERS & Deferred Comp.         74,735.35
                         TRUSTMARK VOLUNTARY BENEFIT               Insurance Benefit            163.76
                           VANTAGEPOINT TRANSFER AGENTS       Retirement Health Benefit       4,126.62
                           OFFICE OF SUPPORT ENFORCEMENT             Garnishment                369.75
                                      US BANK                Dec. 2012 - PCard Purchases     19,987.32
                           WA.STATE DEPT OF REVENUE           December 2012 - Use Tax         3,735.41
                                                                                            111,956.18
                             PAYROLL - JANUARY 7, 2013

                                     CHECKS                          1528-1636                44,017.71
                                 DIRECT DEPOSIT                                              405,167.20
                            INTERNAL REVENUE SERVICE                Payroll Taxes            197,734.04
                                                                                             646,918.95
                                                                  REPORT TOTAL             5,775,565.74




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                               11
AGENDA ITEM E.2b                                                                     FOR ACTION

                                               MEMORANDUM

TO:              Chairman and Members of the Board of Directors

FROM:            Patricia Dunn, Director of Finance

DATE:            February 21, 2013

SUBJECT:         Consideration of January 16-31, 2013 Expenditure Report

RECOMMENDATION:

The Executive Committee met on February 14, 2013 and recommended that the Board
of Directors approve the January 16-31, 2013 payable and payroll expenditures as
follows:

Check numbers 061780 – 061959 in the amount of $910,342.53

Total Accounts Payable                                                        $ 910,342.53

    Electronic Transfers
    AFLAC                                Insurance Benefits            $ 1,812.99
    ATU 843                              Union Dues                    $ 6,013.88
    Colonial Insurance                   Insurance Benefit             $    985.19
    Dept. of Retirement Systems          PERS & Deferred Comp          $ 69,862.28
    Trustmark Voluntary Benefit         Insurance Benefit              $    163.76
    Vantage Transfer Agents             Retirement Health Benefit      $ 2,685.33
    Office of Support Enforce            Garnishment                   $    369.75
    WA Dept. of Labor & Ind.             Quarterly Fees                $ 95,087.85
    Vision Service Plan                  Vision Benefit                $ 3,240.64
    Lincoln Financial Group              Insurance Benefit             $ 2,470.80
    Medical Premiums                     Self-Insurance – Sept. 2012   $256,284.54

Total Electronic Transfers                                                    $ 438,977.01

    Payroll – January 22, 2013

    Checks 1637-1655                                                   $ 28,563.34
    Direct Deposits                                                    $309,750.65
    Payroll Taxes                                                      $ 95,198.37

Total Payroll                                                                 $ 433,512.36

Grand Total                                                                   $1,782,831.90




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                  12
TO:          Richard Walsh, General Manager
FROM:        Patricia Dunn, Director of Finance
SUBJECT::    Budget Expenditures, January 16-31, 2013
DATE:        February 1, 2013

Check     Date        Vendor Name                       Comment                                   Amount
  No
061780    1/17/2013   DEPARTMENT OF LICENSING           Licensing Fees 4 - New Gillig Buses         141.00
061781    1/17/2013   JIM ACKERMAN                      Q-4 2012-Exec./Board Meetings               220.00
061782    1/17/2013   ANACORTES BRASS WORKS LTD         Brass Belt Buckles (4)- Awards              102.18
061783    1/17/2013   BAKERVIEW NURSERY                 2 Yards. Bulk Topsoil                       182.14
061784    1/17/2013   MIKE BARLOW                       Uniform Shoe Reimbursement                   97.93
061785    1/17/2013   BAY TROPHIES                      23 – Service Award Pins Engraved             55.65
061786    1/17/2013   BELLINGHAM AUTO PARTS             Misc. Parts                                 480.86
061787    1/17/2013   BERK'S TOWING                     Bus Transport-MOAB to Cummins Renton        976.50
061788    1/17/2013   BLANCHARD AUTO ELECTRIC           Misc. Parts                                 599.17
061789    1/17/2013   BLACK ROCK CABLE INC.             MOAB-LTC/FTC Fiber Lease                    626.98
061790    1/17/2013   BLUMENTHAL UNIFORM CO INC         Employee Uniforms                         5,524.23
061791    1/17/2013   CASCADE VOCATIONAL SERVICES       Custodial Services-All locations-Dec.    13,473.00
061792    1/17/2013   KIM CEDERSTROM                    Multiple Vanpool Meetings Statewide       1,162.04
061793    1/17/2013   BELLINGHAM POLICE DEPT            January 2013 - Security BTS               4,929.17
061794    1/17/2013   CITY OF BELLINGHAM                Water, Sewer, Storm Water Fees              954.16
061795    1/17/2013   COMPREHENSIVE RISK MGT, INC.      Claims Management Services                  535.50
061796    1/17/2013   CONTINENTAL PLASTIC CARD, INC.    Bus Pass Printing-Stock & WWU            15,165.00
061797    1/17/2013   COPY SOURCE                       S/T Quarterly Survey Cards(2000)            216.31
061798    1/17/2013   CTA-NW                            2013 Membership Renewal                     400.00
061799    1/17/2013   CUMMINS NORTHWEST, LLC            Misc. Parts                               6,302.80
061800    1/17/2013   DIEHL FORD, INC.                  Misc. Parts                                 101.68
061801    1/17/2013   EMERALD SERVICES, INC.            Oil Filters - Disposal                      399.60
061802    1/17/2013   ENGAGEMENTHEALTH LLC              Dec. Walking Challenge-2 Gift Cards         100.00
061803    1/17/2013   FERROTEK                          Repair Aluminum Bumper                      115.52
061804    1/17/2013   FLEX-PLAN SERVICES, INC.          November 2012-Participant Fee               390.60
061805    1/17/2013   FLEX-PLAN SERVICES, INC.          Employee Contributions                    3,430.15
061806    1/17/2013   GILLIG, LLC                       Misc. Parts                               7,432.74
061807    1/17/2013   GILLIG, LLC                       1 Hybrid Bus                            640,510.60
061808    1/17/2013   MEL HANSEN                        Q-4 2012-Exec./Board Meetings               264.00
061809    1/17/2013   HARDWARE SALES                    Misc. Supplies                               50.72
061810    1/17/2013   HEALTH PROMOTION NETWORK          Communication Training-18 sessions        4,200.00
061811    1/17/2013   HOME DEPOT CREDIT SERVICES        WTA - Credit Card                           999.21
061812    1/17/2013   INDUSTRIAL ELECTRIC & MACHINE     Misc. Parts                               2,949.84
061813    1/17/2013   JNS FREIGHT SERVICE               Shipping Service                             68.25
061814    1/17/2013   CITY OF LYNDEN                    Water, Sewer, Storm Water Fees              234.61
061815    1/17/2013   MB GREEN INC.                     January - 2013 Plant Care                    92.40
061816    1/17/2013   MAUREEN MCCARTHY                  Balloons for Kids Art Contest                16.29
061817    1/17/2013   MC KINNON PLUMBING                Broken Bracket-BTS Washroom                 363.87
061818    1/17/2013   MOBILE ARMORED                    December Services                           750.20
061819    1/17/2013   MORSE STEEL, INC.                 Steel Stock                                  73.61
061820    1/17/2013   MT. BAKER AUTO GLASS              Glass & Misc. Windshield Repairs            504.37
061821    1/17/2013   MUZAK LLC                         Jan.2013-Ride Line On Hold Music             65.65
061822    1/17/2013   NOOKSACK VALLEY DISPOSAL          Dumpster Rental                             161.47



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                    13
061823    1/17/2013   OFFICE MAX CONTRACT, INC.      Office Supplies                                 182.23
061824    1/17/2013   ONSPOT OF NORTH AMERICA        Misc. Parts                                     454.07
061825    1/17/2013   ON-SITE TESTING                Backflow Testing - Cordata                      720.57
061826    1/17/2013   PUGET SAFETY EQUIPMENT CO.     Safety Equipment & Supplies                     175.50
061827    1/17/2013   PUGET SOUND ENERGY             Cordata Station                               2,525.60
061828    1/17/2013   RED DOG COURIER                S&H Coupon Delivery                             227.10
061829    1/17/2013   REISNER DISTRIBUTOR, INC.      Fuel, Oil, & Lubes                           30,779.96
061830    1/17/2013   SANDERSON SAFETY SUPPLY        Safety Equipment & Supplies                      52.52
061831    1/17/2013   SANITARY SERVICE               Solid Waste Disposal                          1,495.98
061832    1/17/2013   SCHETKY NORTHWEST SALES INC    Misc. Parts                                     966.31
061833    1/17/2013   SEATTLE AUTOMOTIVE DISTR INC   Misc. Parts                                      49.69
061834    1/17/2013   SMTA                           2013 SMTA Membership Dues                     6,235.00
061835    1/17/2013   STAN SNAPP                     Q-4 2012-Exec./Board Meetings                   220.00
061836    1/17/2013   STAPLES ADVANTAGE              Office Supplies                                  75.32
061837    1/17/2013   THYSSENKRUPP ELEVATOR          Elevator Servicing & Repairs (2 Locations)    1,894.77
061838    1/17/2013   TIRE DISTRIBUTION SYSTEMS, INC.Tires & Misc. Tire Repairs                      761.85
061839    1/17/2013   UNIFIRST CORPORATION           Laundry Service                                 863.95
061840    1/17/2013   WHATCOM COUNTY NORTH ROTARY    January - March Meals/Meetings                  150.00
061841    1/17/2013   WELLS FARGO INSURANCE SVCS USA January 2013 - Consulting Fees                4,000.00
061842    1/17/2013   WESTERN REFINERY SERVICES, INC.Parking Lot Sweep                               657.67
061843    1/17/2013   WHATCOM ELECTRIC CO., INC.     Misc. Parts                                     232.39
061844    1/17/2013   WHATCOM OCCUPATIONAL HEALTH    Occupational Testing                            394.00
061845    1/17/2013   WIZTRONICS, INC.               Module Install & Radio Repairs                   81.53
061846    1/17/2013   WA STATE DES-PURCHASING &      CO-OP Membership Q-1, 2013                      250.00
061847    1/17/2013   WA STATE DEPT OF REVENUE       Lease-Hold Tax-Grant's Burgers                  196.45
061848    1/22/2013   A.T.U. - C.O.P.E.              Employee Donations                              183.85
061849    1/22/2013   UNITED WAY OF WHATCOM COUNTY   Employee Donations                              664.67
061850    1/22/2013   CHAPTER 13 TRUSTEE             Garnishment                                   1,937.50
061851    1/22/2013   LUMMI NATION CHILD             Garnishment                                     132.00
061852    1/24/2013   BAY CITY SUPPLY                Cleaning Supplies & Paper Goods                 584.78
061853    1/24/2013   BAY TROPHIES                   1) 9x7 & 3) 3x5 Signs                            61.31
061854    1/24/2013   BELLINGHAM AUTO PARTS          Misc. Parts                                      78.38
061855    1/24/2013   BLUMENTHAL UNIFORM CO INC      Employee Uniforms                             1,941.44
061856    1/24/2013   THE BRAUN CORPORATION          Misc. Parts                                     199.12
061857    1/24/2013   BRIDGEVIEW AUTO PARTS          Misc. Parts                                      66.30
061858    1/24/2013   CASCADE NATURAL GAS            Cordata Station                                 554.39
061859    1/24/2013   CENTURYLINK                    WTA - Phone Service                             223.17
061860    1/24/2013   CITY CAB INC                   December ERH                                      9.04
061861    1/24/2013   CITY CAB INC                   December Cab Rides                            6,861.51
061862    1/24/2013   INFORMATION TECHNOLOGY SERVICE Shared Internet Connection                      450.00
061863    1/24/2013   COMCAST                        Wireless ISP                                    127.51
061864    1/24/2013   COMMERCIAL FILTER SALES        Misc. Parts                                     212.23
061865    1/24/2013   COPY SOURCE                    1500 - Sets - 3 Part NCR                        390.23
061866    1/24/2013   CUMMINS NORTHWEST, LLC.        Misc. Parts                                   4,668.36
061867    1/24/2013   DALCO INC                      Misc. Parts                                     119.57
061868    1/24/2013   DIEHL FORD, INC.               Misc. Parts                                     446.48
061869    1/24/2013   ENGAGEMENTHEALTH LLC           Q-1 2013 - Base Fee                          10,000.00
061870    1/24/2013   FIRE CHIEF EQUIPMENT CO. INC. Fire Extinguisher Recharging & Inspection        193.69
061871    1/24/2013   FSH COMMUNICATIONS, LLC        FTC - Pay Phone                                  55.00
061872    1/24/2013   JULIE DeFOER                   Hybrid Art Contest/Asst. Design                 723.24



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                      14
061873    1/24/2013   GRAINGER INC                   Misc. Supplies                                490.51
061874    1/24/2013   CELEO GUIFARRO                 Reimburse Shipping-Laptop/Key Return          190.55
061875    1/24/2013   HARDWARE SALES                 Misc. Supplies                                140.87
061876    1/24/2013   HEALTH PROMOTION NETWORK       FFS-Communication Training - Jan.13         2,100.00
061877    1/24/2013   INTERSTATE BATTERIES           Misc. Parts                                     8.63
061878    1/24/2013   THE JANEK CORPORATION          Misc. Parts                                   326.10
061879    1/24/2013   PETER KREMEN                   Q-4 2012-Meeting Compensation                 176.00
061880    1/24/2013   KULSHAN JANITORIAL SERVICES    December 2012-Vehicle Cleaning              5,468.79
061881    1/24/2013   LUMINATOR HOLDING LP           Misc. Parts                                    68.67
061882    1/24/2013   MCMASTER-CARR SUPPLY CO        Misc. Supplies                                171.72
061883    1/24/2013   MOTOR TRUCKS INC.              Misc. Parts                                   135.24
061884    1/24/2013   MUNCIE TRANSIT SUPPLY          Misc. Supplies                                350.51
061885    1/24/2013   PACIFIC TIRE COMPANY, INC.     Tires & Misc. Tire Repairs                    670.30
061886    1/24/2013   PREMIER GRAPHICS               750 - S/T Rider Guides                      1,228.31
061887    1/24/2013   PUGET SAFETY EQUIPMENT CO.     Safety Equipment & Supplies                   114.08
061888    1/24/2013   PUGET SOUND ENERGY             Bellingham Station                          2,142.01
061889    1/24/2013   PUGET SOUND ENERGY             Bakerview Spur                              9,973.23
061890    1/24/2013   RICOH USA INC                  Fleet Copier Lease                            500.80
061891    1/24/2013   MARTY RUSSELL                  Q-4 2012-Mileage Reimbursement                 37.19
061892    1/24/2013   SCHETKY NORTHWEST SALES INC    Misc. Parts                                   159.01
061893    1/24/2013   SEATTLE AUTOMOTIVE DISTR INC   Misc. Parts                                   155.38
061894    1/24/2013   SEATTLE RADIATOR WORKS         Misc. Parts                                 1,303.05
061895    1/24/2013   SIGNS PLUS                     (1) 3x7 Banner - Greener Ride                 451.12
061896    1/24/2013   SPARKLE CLEAN SERVICES, INC.   Windows-Bellingham Station/MOAB               615.00
061897    1/24/2013   SPRINT                         WTA - Phone Service                         1,582.68
061898    1/24/2013   SUMMIT LAW GROUP PLLC          Legal Fees & Consulting                     2,732.15
061899    1/24/2013   TRAPEZE SOFTWARE GROUP, INC.   Blockbuster Software & Empl. Training       2,546.78
061900    1/24/2013   NATHANIEL TURBUSH              CDL-Renewal Reimbursement                      85.00
061901    1/24/2013   WHATCOM COMMUNITY COLLEGE      Q-4 2012 - Ads/Horizon Periodical             492.00
061902    1/24/2013   JACK WEISS                     Q-4 2012-Meeting Compensation                 176.00
061903    1/24/2013   WESTERN FLUID COMPONENTS       Misc. Supplies                                153.46
061904    1/24/2013   WHATCOM OCCUPATIONAL HEALTH    Occupational Testing                          181.00
061905    1/24/2013   WHISTLE WORKWEAR OF BELLINGHAM Uniform Allowance-4-Fleet 2-Facil. Staff      656.33
061906    1/24/2013   WICKED WILLIES, INC.           Underground Line Locating                      80.00
061907    1/24/2013   EMPLOYMENT SECURITY DEPARTMENT Q-4 2012 – Unemployment Benefits            6,779.92
061908    1/31/2013   ALL-PHASE ELECTRIC             Misc. Parts                                    27.94
061909    1/31/2013   ASSOCIATED PETROLEUM PRODUCTS Fuel Island Repairs & Inspections              604.98
061910    1/31/2013   ASSOC. OF WASHINGTON CITIES Employee Dental Benefit - January             21,092.50
061911    1/31/2013   CASCADE NATURAL GAS            Lynden Station                                299.22
061912    1/31/2013   CASCADIA NEWSPAPER COMPANY 8 Hybrid Promotional Ads                          573.00
061913    1/31/2013   CUMMINS NORTHWEST, LLC.        Misc. Parts                                13,679.42
061914    1/31/2013   DIEHL FORD, INC.               Misc. Parts                                   361.09
061915    1/31/2013   DIEHL FORD, INC.               06 Econoline Repair WO#49461                  105.25
061916    1/31/2013   FASTENAL COMPANY               Misc. Supplies                                162.63
061917    1/31/2013   FLEX-PLAN SERVICES, INC.       Employee Contributions                      3,430.15
061918    1/31/2013   GILLIG LLC                     Misc. Parts                                 5,387.14
061919    1/31/2013   GRAINGER, INC.                 Misc. Supplies                                 55.15
061920    1/31/2013   HENRY PAUL GREENOUGH           Q-3/Q-4 2012-Meeting Compensation             308.00
061921    1/31/2013   HARDWARE SALES                 Misc. Supplies                                409.34
061922    1/31/2013   ANDREW HOOGESTRAAT             CDL - Reimbursement                            85.00



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                    15
061923    1/31/2013   HEWLETT PACKARD COMPANY           Hard Drives for Backups                  3,281.87
061924    1/31/2013   HEWLETT PACKARD COMPANY           HP ProCurve                              2,000.88
061925    1/31/2013   INDUSTRIAL ELECTRIC & MACHINE     Misc. Parts                              1,785.81
061926    1/31/2013   INDUSTRIAL SUPPLY                 Misc. Supplies                              17.58
061927    1/31/2013   INMOTION TECHNOLOGY               Upgrade Verizon LTE Radio                2,025.00
061928    1/31/2013   LOWE'S BUSINESS ACCOUNT           WTA - Credit Card                           11.80
061929    1/31/2013   MCMASTER-CARR SUPPLY CO           Misc. Supplies                             171.84
061930    1/31/2013   MORSE STEEL, INC.                 Steel Stock                                 67.42
061931    1/31/2013   NEWARK ELECTRONICS                Misc. Parts                                 14.14
061932    1/31/2013   NEW FLYER INDUSTRIES, LTD         Misc. Parts                              1,120.68
061933    1/31/2013   NEW PIG                           Misc. Supplies                             464.40
061934    1/31/2013   NORTH AMERICAN BUS INDUSTRIES     Misc. Parts                                192.07
061935    1/31/2013   OFFICE DEPOT INC                  Office Supplies                            155.04
061936    1/31/2013   OFFICE MAX CONTRACT, INC.         Office Supplies                            873.89
061937    1/31/2013   ONSPOT OF NORTH AMERICA           Misc. Parts                                 58.82
061938    1/31/2013   OPEN ACCESS/NAS.COM               Linux Based Webhosting-Semi Annual         132.00
061939    1/31/2013   PACIFIC TIRE COMPANY, INC.        Tires & Misc. Tire Repairs                  33.54
061940    1/31/2013   PUGET SAFETY EQUIPMENT CO.        Safety Equipment & Supplies                401.41
061941    1/31/2013   RAIRDON'S                         Misc. Parts                                 30.59
061942    1/31/2013   RANDY'S RING AND PINION           Drive-Train Parts & Repairs                905.99
061943    1/31/2013   RED DOG COURIER                   Deliver Transit Guides - 2 Locations        31.58
061944    1/31/2013   REISNER DISTRIBUTOR, INC.         Fuel, Oil, & Lubes                       2,405.58
061945    1/31/2013   ANDY ROWLSON                      WSTA HR – Roundtable - Seattle             119.27
061946    1/31/2013   S & H AUTOPARTS, INC.             Misc. Parts                                 60.96
061947    1/31/2013   SANDERSON SAFETY SUPPLY           Uniform Allowance - J. Clardy              107.72
061948    1/31/2013   SIX ROBBLEES INC.                 Misc. Supplies                              94.57
061949    1/31/2013   SPORTSWORKS NORTHWEST, INC.       Bicycle Rack Parts & Repairs                96.02
061950    1/31/2013   STAPLES ADVANTAGE                 Office Supplies                            244.50
061951    1/31/2013   STERICYCLE, INC.                  BIO Hazard Waste Disposal                   31.62
061952    1/31/2013   SURE MARINE                       Misc. Parts                                 47.57
061953    1/31/2013   TURFTENDERS, INC.                 January 2013 - Fees                      1,554.77
061954    1/31/2013   UNIFIRST CORPORATION              Laundry Service                            947.46
061955    1/31/2013   UNITED PAINT SPECIALTY            Auto Body Shop Supplies                    120.77
061956    1/31/2013   VACATIONLAND R.V. SALES           Propane for Forklift                        16.65
061957    1/31/2013   WHATCOM ELECTRIC CO., INC.        Misc. Parts                              1,353.03
061958    1/31/2013   WHATCOM OCCUPATIONAL HEALTH       Occupational Testing                       130.00
061959    1/31/2013   WIZTRONICS, INC.                  Radio Repairs & Repeater Lease             266.26
                                                                                               910,342.53

                           ELECTRONIC TRANSFERS

                                    AFLAC                         Insurance Benefit              1,812.99
                        AMALGAMATED TRANSIT UNION 843          Employee Contributions            6,013.88
                      COLONIAL INSURANCE COMPANY                  Insurance Benefit                985.19
                       DEPT OF RETIREMENT SYSTEMS             PERS & Deferred Comp.             69,862.28
                      TRUSTMARK VOLUNTARY BENEFIT                 Insurance Benefit                163.76
                        VANTAGEPOINT TRANSFER AGENTS          Retirement Health Benefit          2,685.33
                        OFFICE OF SUPPORT ENFORCEMENT                Garnishment                   369.75
                      WA DEPT OF LABOR & INDUSTRIES                 Quarterly Fees              95,087.85
                            VISION SERVICE PLAN                     Vision Benefit               3,240.64



P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                   16
                          LINCOLN FINANCIAL GROUP               Insurance Benefit             2,470.80
                             MEDICAL PREMIUMS                 January - Self Insured        256,284.54
                                                                                            438,977.01
                            Payroll - January 22, 2013

                                  CHECKS                           1637-1655                  28,563.34
                                Direct Deposit                                               309,750.65
                         INTERNAL REVENUE SERVICE                 Payroll Taxes               95,198.37
                                                                                             433,512.36
                                                                  Report Total             1,782,831.90


    AGENDA ITEM F.1                                                                    FOR ACTION

                                               MEMORANDUM

    TO:              Chairman and Members of the Board of Directors

    FROM:            Richard G. Walsh, General Manager
                     Vicki Esser, Executive Assistant / Clerk of the Board

    DATE:            February 21, 2013

    SUBJECT:         Re-Vote for Representative to the Whatcom Transportation Policy Board


    RECOMMENDATION

    Staff recommends that the Board of Directors withdraw the assignment of Pete Kremen
    as Representative to the Whatcom Transportation Policy Board for 2013, assign Mel
    Hansen to that position, and elect a new alternate for this assignment.


    BACKGROUND

    During the January 17, 2013 Board meeting, Pete Kremen was elected as the
    Representative to the Whatcom Transportation Policy Board (WTPB) and Mel Hansen
    was elected as the alternate representative. Subsequently, staff were informed by the
    Whatcom Council of Government’s Clerk of the Board that Mr. Kremen cannot
    represent the Whatcom Transportation Authority on the WTPB because he already
    represents the Whatcom County Council on that same Board. The Whatcom Council of
    Governments does not allow one member to represent two entities on the WTPB.

    Therefore, staff recommends that Mel Hansen become the representative to the WTPB
    and another alternate representative be elected. Eligible Board members include Jim
    Ackerman, Paul Greenough, and Stan Snapp, who declined at the January Board
    meeting.




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                                 17
FISCAL IMPACT

None




P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx   18
AGENDA ITEM F.2                                                           FOR ACTION

                                               MEMORANDUM

TO:              Chairman and Members of the Board of Directors
FROM:            Richard G. Walsh, General Manager
                 Vicki Esser, Executive Assistant / Clerk of the Board
DATE:            February 21, 2013
SUBJECT:         Consideration of Amending the Bylaws to Include the Assignment of
                 Executive Committee Member Alternates

RECOMMENDATION
It is recommended that the Board of Directors pass Resolution 254-13 to amend the
Bylaws to include a description of the process for the assignment of Executive
Committee member alternates. This amendment is to be effective immediately upon
passage.

BACKGROUND
At the Board of Directors meeting on September 20, 2012, the Board voted to reduce
the size of the Executive Committee to three voting members and the non-voting Labor
Representative. The three voting members include the Board Chairperson and two
other members ensuring that the committee is comprised of one representative from the
City of Bellingham, one from the small cities, and one from Whatcom County.

Because the Executive Committee now has such a small number of voting members, it
has been suggested that a process for selecting alternates, in the case of known
absences, be defined in the Bylaws.

The proposed process would require that any voting Executive Committee member who
knows they will be absent for a committee meeting, select a Board member (from the
entity that they represent on the committee, if possible) to replace themselves at that
meeting. The committee member must contact that Board member to confirm their
availability and willingness to attend. The Executive Committee member should then
notify the Clerk of the Board that they will be absent and name their replacement. The
chosen replacement will have voting privileges on the Executive Committee for that
meeting only.

Staff believes that this method of selecting alternates has a better chance of preserving
the prescribed mix of representation and perspectives on the Executive Committee
when a member is absent rather than the Board assigning static alternates.

FISCAL IMPACT
None


P:\VICKIE\BOARD\BdPkts 2013\BD 02-21-13.docx                                          19
                                       RESOLUTION NO. 254-13

A RESOLUTION AMENDING SECTION 4.2 OF THE WHATCOM TRANSPORTATION
AUTHORITY BYLAWS TO INCLUDE A DESCRIPTION OF THE PROCESS FOR THE
     ASSIGNMENT OF EXECUTIVE COMMITTEE MEMBER ALTERNATES

              WHEREAS, the Whatcom Transportation Authority (WTA) Board of
Directors Bylaws, Section 4.2 was recently amended to reduce the size of the Executive
Committee to three voting members and the non-voting Labor Representative, and the
three voting members are required to include the Board Chairperson and two other
Board members ensuring that the committee is comprised of one representative from
the City of Bellingham, one from the small cities, and one from Whatcom County.

             WHEREAS, the WTA Board members desire to define the process for the
assignment of Executive Committee member alternates, due to the small number of
voting members on the committee, with the Bylaws amendment becoming effective
immediately upon Board approval;

NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM TRANSPORTATION
AUTHORITY THAT:

Section 4.2 of the WTA Bylaws be amended as shown:

        The Board Chairperson shall also serve as the Chairperson for the Executive
Committee. Effective January 1, 2013, the Committee will be comprised of three voting
members of the full Board of Directors and the non-voting Labor Representative. The
three voting members will include the Board Chairperson and two other members who
will be voted in by the whole voting membership of the Board based on the requirement
that the Committee include one representative from the City of Bellingham, one from the
small cities, and one from Whatcom County. The majority of the whole voting
membership of the Board shall also elect a Vice-Chairperson for the committee. All
Board members are welcome to attend the Executive Committee meetings, but only
those who are members of the Executive Committee will have voting privileges at the
committee meetings. The Executive Committee shall typically review and make
recommendations on the Board meeting agenda items pursuant to full Board
consideration. The Committee Chairperson and Vice-Chairperson shall hold office until
the Board takes action to elect new officers, no later than the first Board meeting in
February of the following year.

        Any voting member of the Executive Committee who knows that they will be
absent for a committee meeting, shall select a Board member (from the entity that they
represent on the committee, if possible) to replace themselves at that meeting. The
committee member must contact that Board member to confirm their availability and
willingness to attend. The Executive Committee member shall then notify the Clerk of


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the Board that they will be absent and name their alternate. The chosen alternate will
have voting privileges on the Executive Committee for that meeting only.


              PASSED in open public meeting, by the Whatcom Transportation
Authority on February 21, 2013.

                                               WHATCOM TRANSPORTATION AUTHORITY
                                               WHATCOM COUNTY, WASHINGTON



                                               _____________________________________
                                               MELVIN D. HANSEN
                                               CHAIRPERSON

ATTEST:                                        APPROVED AS TO FORM:



_________________________                      ____________________________________
VICKI G. ESSER                                 RICHARD J. LANGABEER
CLERK OF THE BOARD                             COUNSEL TO THE AUTHORITY




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                     WHATCOM TRANSPORTATION AUTHORITY

                                               BYLAWS
        ARTICLE I - NAME

      The name of the municipal cooperation duly established pursuant to the laws of
the State of Washington shall be “WHATCOM TRANSPORTATION AUTHORITY,”
hereinafter referred to as the “Authority.”

        ARTICLE II - POWERS, RIGHTS AND RESPONSIBILITIES

        By and in the Authority’s name, the Authority shall have and exercise all powers,
functions, rights and privileges now and hereinafter given to, and shall be subject to all
the duties, obligations, liabilities and limitations now and hereafter imposed upon
municipal corporations of the same class by the Constitutions and laws of the State of
Washington, and shall have and exercise all other powers, functions, rights and
privileges usually exercised by or which are incidental to, or inherent in, municipal
corporation of like character and degree. The Authority shall have all powers possible
to have under the Constitution and laws of the State of Washington.

        ARTICLE III - GOVERNING BOARD COMPOSITION

        Section 3.1       Voting Members

           The governing body of the Authority shall consist of nine (9) voting
members determined on the following basis:

        (a)      Three (3) City of Bellingham elected officials selected and serving at the
                 pleasure of the Bellingham City Council; and

        (b)      Two (2) Whatcom County elected officials selected by and serving at the
                 pleasure of the Whatcom County Council; and

        (c)      One (1) Ferndale elected official selected by and serving at the pleasure
                 of the Ferndale City Council; and

        (d)      One (1) Lynden elected official selected by and serving at the pleasure of
                 the Lynden City Council.

        (e)      One (1) Blaine elected official selected by and serving at the pleasure of
                 the Blaine City Council.

        (f)      One (1) Everson/Nooksack/Sumas elected officials selected by and
                 serving at the pleasure of the Councils of these three small cities.



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      Each voting member of the Board shall hold office for a term determined at the
pleasure of the appointment body.

       The change in the WTA Board composition on September 26, 2001 as provided
herein shall be effective January 1, 2002, and in force, until such time as changes may
be made pursuant to RCW 36.57A.055 “Governing body - periodic review of
composition.”

        Section 3.2       Non-Voting Labor Representative

       In accordance with RCW 36.57A.050, there shall be one non-voting member of
the public transportation benefit area authority. The non-voting member shall be
recommended by the labor organization representing WTA employees. If WTA
employees are represented by more than one labor organization, all such labor
organizations shall select the non-voting member by majority vote. The non-voting
member shall comply with all governing bylaws and policies of the authority. The chair
or co-chairs of the authority shall exclude the non-voting member from attending any
executive session unless invited by the chair when deemed appropriate. The non-
voting labor representative shall hold office for a term determined at the pleasure of the
appointment body.

        Section 3.3       Alternates and Vacancies

       Alternate Board members from City of Bellingham, City of Lynden, City of
Ferndale, City of Blaine, Cities of Everson/Nooksack/Blaine, Whatcom County, or an
alternate non-voting labor representative may be selected to serve on the Board in the
event of a vacancy on the Board created by the permanent or extended absence of one
of the regular Board members. Alternates shall be appointed in the same fashion as
regular members and shall represent the same jurisdictions as regular members. Their
term shall be determined at the pleasure of the appointing body.

        ARTICLE IV - BOARD PROCEDURES

        Section 4.1       Duties of the Board

        The Board of the Authority shall provide the policy and legislative direction for the
Authority and its administration. The Board may create such departments or offices as
it finds necessary or advisable and may determine the powers and duties of each
department or office.

        Section 4.2 Board Officers and the Executive Committee

        The majority of the whole voting membership of the Board shall elect a
Chairperson and a Vice-Chairperson. The Chairperson shall hold office until the Board
takes action to elect new officers, no later than the first Board meeting in February of
the following year. These officers may, if re-elected, serve more than one term. The
duties of the Chairperson are more specifically set forth in Article V of the Bylaws.


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        The Board Chairperson shall also serve as the Chairperson for the Executive
Committee. Effective January 1, 2013, the Committee will be comprised of three voting
members of the full Board of Directors and the non-voting Labor Representative. The
three voting members will include the Board Chairperson and two other members who
will be voted in by the whole voting membership of the Board based on the requirement
that the Committee include one representative from the City of Bellingham, one from the
small cities, and one from Whatcom County. The majority of the whole voting
membership of the Board shall also elect a Vice-Chairperson for the committee. All
Board members are welcome to attend the Executive Committee meetings, but only
those who are members of the Executive Committee will have voting privileges at the
committee meetings. The Executive Committee shall typically review and make
recommendations on the Board meeting agenda items pursuant to full Board
consideration. The Committee Chairperson and Vice-Chairperson shall hold office until
the Board takes action to elect new officers, no later than the first Board meeting in
February of the following year.

        Any voting member of the Executive Committee who knows that they will be
absent for a committee meeting, shall select a Board member (from the entity that they
represent on the committee, if possible) to replace themselves at that meeting. The
committee member must contact that Board member to confirm their availability and
willingness to attend. The Executive Committee member shall then notify the Clerk of
the Board that they will be absent and name their alternate. The chosen alternate will
have voting privileges on the Executive Committee for that meeting only.

        Section 4.3 Clerk

         The Chairperson shall designate a Clerk of the Authority who shall keep the
official records and seal of the Authority.

        Section 4.4       Meetings and Meeting Notice

        (a)      Regular Meetings

                 The time and place of regular meetings of the Board shall be established
                 by a resolution of the Board. Such resolution may also specify the
                 appropriate notification of such meetings.

        (b)      Special Meetings

                 Special meetings may be called at any time by the Chairperson or by a
                 majority of the whole Board, provided that each member of the Board
                 receives written notice of the date, time and place of the meetings and the
                 matters to be taken up at the meeting at least 24 hours in advance.




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        (c)      Notice to Media and the Public

                 Notice of changes in the time or place of regular meetings or the call for a
                 special meeting will be provided each local newspaper of general
                 circulation and to each local radio or television station which has on file
                 with the WTA a written request to be so notified. Such call or notice shall
                 be given at least 24 hours in advance and shall specify the time and place
                 of the meeting and the business to be transacted, provided that notice
                 shall be given at least ten days in advance of public hearings.

                 In accordance with RCW 42.30.080, as amended by SB 5355, notices of
                 special meetings will also be posted on the agency’s website and will be
                 prominently displayed at the main entrance of WTA’s principal location as
                 well as at the meeting site.

        (d)      Official Newspaper

                 The Bellingham Herald is designated the official newspaper of the WTA
                 for the purpose of publication of legal notices and dissemination of public
                 information announcements.

        Section 4.5       Quorum

      Five (5) voting members of the Board shall constitute a quorum for the
transaction of business. Proxies shall not be counted for purposes of constituting a
quorum.

        Section 4.6       Voting

      Every voting Board Member shall be entitled to one vote on all issues before the
Authority.

        Section 4.7       Proxies

       Voting by proxy shall not be permitted on any items of business which come
before the Board.

        Section 4.8       Parliamentary Procedure

       Unless otherwise governed by the provisions of these Bylaws, the laws of the
State of Washington or resolution or ordinance, Roberts Rules of Order (Revised
Edition) shall govern the conduct of all Board meetings. The Chairperson or his/her
designee shall be the parliamentarian.




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        Section 4.9       Record of Board Meetings

        a.       Minutes

                 The proceedings of the Board meetings shall be recorded and maintained.
                 The minutes shall consist primarily of a record of the action taken. Copies
                 of the proposed minutes shall be forwarded to all Board members at least
                 48 hours prior to the next regular meeting for their reference and/or
                 correction. At the next regular meeting, the Board shall consider the
                 minutes for adoption or necessary correction.

        b.       Resolutions

                 Except where a resolution shall be required, every action of the Board
                 shall be by a motion of the Board that is duly recorded in the minutes of
                 the Board.

                 Action by the Board, where state or federal law requires a resolution, that
                 expresses an opinion, direction or policy of the Board, or that pertains to
                 the adoption, amendment or modification of the budget shall be by
                 resolution.

                 (1)      Every resolution shall be in writing. Every resolution which is
                          passed by the board shall be signed by the Chairperson or signed
                          as otherwise provided by the Bylaws.

                 (2)      Except as otherwise provided: All resolutions shall take effect
                          immediately upon passage and signing by the Chairperson or
                          signing as otherwise provided by the Bylaws.

                 (3)      The official records of the Authority shall be maintained by the Clerk
                          of the Authority under the direction of the Chairperson. Every
                          resolution shall be kept and/or recorded in a book or file for that
                          purpose, which records shall be attested by the Clerk of the
                          Authority.

                 (4)      Notwithstanding the foregoing, and absent an express provision of
                          a state statute or federal regulation to the contrary, action to be
                          taken by resolution shall not fail for lack of form or designation as a
                          resolution where there is sufficient expression of the substance of
                          the action taken.

        Section 4.10 Advisory Committee

       The Chairperson, from time to time, may appoint Board members and other
interested private citizens and representatives of groups and organizations to serve on



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standing or special committees. At the time of the appointment of such members, the
Chairperson shall state the objective of the Committee and the date upon which a report
shall be issued to the Board. Recommendations of such committees shall be
considered as advisory only.

        ARTICLE V - DUTIES OF THE CHAIRPERSON, CHIEF EXECUTIVE,
        ADMINISTRATIVE OFFICER, AND GENERAL MANAGER

        Section 5.1       Chairperson

      The Chairperson shall preside at all meetings of the Board. In the event of the
Chairperson’s absence or inability to preside, the Vice-Chairperson shall assume the
duties of presiding over the meetings of the Board; provided, however, if the
Chairperson is to be permanently unable to preside, the Board shall select a new
Chairperson for the remainder of the Chairperson’s term.

        Section 5.2       Spokesperson

       The Chairperson or General Manager shall act as spokesperson for the Authority
and shall act as its representative at meetings with other organizations, committees and
other such activities unless otherwise authorized by the Board; provided, however, the
Chairperson may delegate to any Board member the duty of being a spokesperson or
representative for the Authority.

       The Chairperson or his/her designated Board member or general representative
shall not obligate or commit the Authority except as provided by these Bylaws or
pursuant to the authorization of the Board.

        Section 5.3       General Manager

       The General Manager shall be the chief executive and administrative officer of
the Authority. When the Authority is without a General Manager, the Board may appoint
an Acting General Manager, until such time as a replacement General Manager is hired.

       During any interim period that the Authority is without a General Manager or an
Acting General Manager, the Board Chairperson shall act as the chief executive and
administrator of the Authority.

       Subject to the authority and oversight of the Board, the powers and duties of the
chief executive and administrative officer shall be as follows:

        (a)      To provide general supervision over the administrative affairs of the
                 Authority.

        (b)      To appoint and remove, subject to the policies of the Board, all persons
                 employed by that body.



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        (c)      To attend all meetings of the Board at which attendance may be required
                 by that body.

        (d)      To perform such other duties as the Board may determine by official
                 action.

        ARTICLE VI - AMENDMENT

       These Bylaws, as adopted by the Whatcom Transportation Authority, may be
revised or amended at any regular or special meeting of the Board by a vote of the
majority of the whole voting membership of the Board, except as otherwise provided in
the Bylaws; provided, however, that copies of the proposed revisions or amendments
shall have been available to each Board member at least one (1) week prior to the
regular or special meeting at which proposed revisions or amendments are to be acted
upon.

        ARTICLE VII - PUBLIC MEETINGS AND HEARINGS

        Section 7.1       Public Meetings

       All meetings of the Board shall be open to the public except to the extent that
executive sessions are authorized by law. Minutes shall be kept of each meeting and
retained by the Clerk of the Authority.

        Section 7.2       Public Hearings

       Public hearings may be scheduled by the Board or Chairperson at such time and
at such place as the Board or Chairperson determines to be appropriate.

        Provided, public hearings shall be held by the Board in regard to the following:
              a.     When there is a proposed change in transit fares to include any
                     fare charge increase or decrease outside of policy interpretation to
                     ensure equity or clarification of fares in light of board intent (this
                     shall not preclude the Board from taking action, without a public
                     hearing, under its legal authority for specific and time-limited fare
                     waivers and promotions);

                 b.       When there is a substantial change in service.              Proposed
                          modifications of transportation service that require a public hearing
                          include:

                             a change in span of service of more than ten minutes of the
                              published start and end times;
                             a change in frequency of service, either an increase or
                              decrease;



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                             a change that results in a decrease of service coverage (change
                              in service coverage for fixed routes shall be based on whether
                              the change is within the ¼ mile corridor for walking or whether
                              the change will significantly impact customers);
                             a change in the days of service;
                             elimination of service;
                             when a new transit route is established.

                 c.       Presentation of the annual budget of the Authority or substantial
                          changes thereto, including modifications involving funding under
                          the Federal Transit Administration Act.

                 d.       Establishment of civil or criminal penalties related to the operations
                          of the Authority; and public notice shall be given at least ten days in
                          advance of such public hearings.


The Bylaws were originally adopted in open meeting of the Authority on the 23rd day of
September, 1983, and amended, by Resolution, as follows:

Resolution No. 4 passed November 2, 1983, amending Section 4.9 b. Resolutions and
Ordinances and adding Article VII Public Meetings and Hearings

Resolution No. 7 passed November 15, 1984, amending Section 4.5 Quorum

Resolution No. 15 passed November 21, 1984, amending Section 7.2 Public Meetings
and Hearings

Resolution No. 18 passed January 9, 1985, amending Section 4.2 Board Officers

Resolution No. 33 passed June 4, 1986, amending Section 4.4 c. Notice to Media and
Section 4.4 d. Official Newspaper

Resolution No. 35 passed June 4, 1986, amending Section 7.2 Public Hearings, and
repealing Resolution 15

Resolution No. 64 passed April 5, 1989, amending Section 3.1 Board Composition and
Section 3.2 Alternates and Vacancies

Resolution No. 66 passed June 7, 1989, amending Section 4.5 Quorum and Section 4.7
Proxies

Resolutions No. 114 passed January 20, 1993, amending Sections 3.1 Board
Composition, 4.2 Board Officer, 5.2 and 5.3 Duties of the Chairperson, Chief Executive,
Administrative Officer and General Manager, and 7.2 Public Meetings and Hearings.




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Resolution No. 152 passed August 21, 1996, amending Section 7.2 Public Hearings.

Action on March 29, 1997 at the Board Composition meeting to amend as of January 1,
1998, Section 3.1 Board Composition.

Action by the Board on October 7, 1997, to change Section 4.8 Parliamentary
Procedure and 4.9 (b) Record of Meetings to substitute the use of resolution for
ordinances.

Action on September 26, 2001 at the Board Composition meeting to amend as of
January 1, 2002, Section 3.1 Board Composition.

Resolution No. 215-06 passed January 18, 2006 amending Section 4.2 Board Officers
to eliminate the Finance and Administration and the Service and Operations
Committees and create the Executive Committee.

Action was taken by the Board on June 17, 2010 at the regular Board meeting to amend
the bylaws, effective immediately, to add one non-voting Labor Representative to the
Board in accordance with revisions made to RCW 36.57A.050 by SHB 2986 passed in
March 2010.

Resolution No. 250-12 passed September 20, 2012 amending Section 4.4.C to update
the procedure for notices of special Board meetings as required under RCW 42.30.080
as amended by SB 5355.

Resolution No. 251-12 passed September 20, 2012 amending Section 4.2 to reduce the
size of the Executive Committee to three voting members and the non-voting Labor
Representative, effective January 1, 2013.

Resolution No. 254-13 passed February 21, 2013 amending Section 4.2, effective
immediately, to include a description of the process for the assignment of Executive
Committee member alternates.

AGENDA ITEM F.3                                                        FOR ACTION

                                               MEMORANDUM


TO:                Chairperson and Members of the Board of Directors

FROM:              Rick Nicholson, Director of Service Development
                   Kim Cederstrom, Vanpool and Rideshare Coordinator

DATE:              February 21, 2013




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SUBJECT:           Consideration of Setting a Public Hearing for Proposed Fare Policy
                   Changes


RECOMMENDATION

The Executive Committee met on February 14, 2013 and recommended to the Board of
Directors the setting of a Public Hearing for the March Board of Directors meeting
(Thursday, March 21, 2013 at 8:00 a.m. at the County Council Chambers). The
purpose of the meeting is to receive comment on proposed fare policy changes,
especially changes to fare payment media.


BACKGROUND

Since October 2012, staff have been doing a thorough review of WTA’s fare policy.
This has been driven by the need to replace aging fixed route fareboxes and provides
an opportunity to consider new fare media, especially considering the evolution of fare
media technology in recent years.

Some of the more pertinent fare policy review objectives were:
   Reduce fare handling processes and cost, where feasible
   Review fare types that new fareboxes can provide for and make
     recommendations for the farebox replacement RFP
   Automate validation of fare media wherever possible (i.e. reduce flash passes)
   Minimize the impact of fare media on boarding speed
   Define a Farebox Recovery Ratio
   Keep it simple; simple rules, simple fare products

After extensive review of numerous fare payment options and new technologies, staff is
recommending that two new fare media be introduced:
    Day Pass (sold on and off the bus). Priced at $3.00
    10 Ride Ticket (sold off the bus). Priced at $9.00




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In addition staff is recommending the elimination of:
     Tokens (replaced by the 10 Ride Ticket)
     Free Ride Coupons (replaced by the Day Pass)

The 50,000 Social and Health Service free ride coupons, and discounted tokens, are
proposed to be replaced by 30,000 free Day Passes. Given that Day Passes can be
used for multiple rides, this will result in a net increase of potential free rides available to
qualifying agencies.

Staff is also considering having monthly and quarterly passes be based on a rolling 30
and 90 days, rather than on a calendar month or quarter.

No fare increase is proposed at this time.

Staff plans to present this item for final Board consideration after the Public Hearing on
March 21, 2013. The implementation date of a revised fare policy would be in sync with
the new fareboxes (likely late 2013 or early 2014).

                            Other Fare Payment Options Considered

Staff considered a variety of other fare payment options. These included Smart Cards
(both stored value and account based), Debit/Credit cards (bank or WTA issued),
Barcodes/QR codes, NFC (Near Field Communications), etc.

The most common of the next generation of fare payment technologies are Smart
Cards. Yet research showed that only two of thirty-five comparable agencies in the
country were using Smart Cards. This is due to the increased cost and technical
complexity of Smart Card systems. In addition, some agencies had experienced a very
long implementation timeline associated with new fare technologies. These are
significant concerns given that our existing farebox system will soon be obsolete.

As a result of these considerations, and the fact that the technology is changing rapidly,
staff is recommending that the farebox RFP include an option to add on additional fare
media in the future (Smart Cards, QR codes, etc.) but to not implement them at this
time.


FISCAL IMPACT

None expected




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AGENDA ITEM F.4                                                                      FOR ACTION

                                               MEMORANDUM

TO:              Chairman and Members of the Board of Directors

FROM:            Patricia Dunn, Director of Finance

DATE:            February 21, 2013

SUBJECT:         Consideration of Procurement Policy Update

RECOMMENDATION
The Executive Committee met on February 14, 2013 and recommend that the Board of
Directors approve changes to the Procurement Policy.

BACKGROUND
The WTA adopted a revised procurement policy in 2011. In the past two years,
provisions have been identified requiring change.

   Section                    Change                                Reason for Change
Section 2,        Add “all insurance” to be          WTA utilizes insurance pools and brokers for
Scope             excluded from scope                insurance. Normal procurement practices are
                                                     not appropriate for any insurance.
Section 2,        Add Employee benefit plans         Industry practice is to utilize a broker and or
Scope             and programs to be excluded        pool. These methods are outside the usual
                  from scope                         procurement process.
Section 4,        Add reference to RCW               Include 2009 promulgating authority in policy.
Bidders and       39.04.350 and supplemental         This is not a policy change; it adds RCW
Proposers         bidder criteria for public works   reference and clarifies supplemental bidder
                  contracts.                         criteria.
Section 7,        Eliminates micro-purchases for     2012 State Auditor’s Office opinion on public
Purchases         public works.                      works purchases. WTA is hopeful this will be
Under                                                modified through legislation.
$3,000
Section 16,       Refer to the DBE program/          Eliminate redundancy and potential conflict
DBEs              policy.                            between the Procurement and DBE policies.
                                                     DBE policy contains extensive detail on WTA
                                                     DBE responsibilities and requirements.
Following are the Procurement Policy pages with changes.

FISCAL IMPACT
No direct budget impact.


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Section 2                 WTA receives funds from federal and state funding sources. WTA
                          shall develop procurement procedures designed to ensure
Scope                     compliance with applicable laws and regulations without
                          necessarily imposing a higher standard than is necessary to ensure
                          compliance.

                          Where a requirement in these Policies is based only on federal
                          requirements, Purchasing may, on a case-by-case basis for non-
                          federally funded contracts, apply a less stringent standard than
                          outlined in the federal requirements, provided it is otherwise
                          consistent with applicable WTA Policies and that all State or other
                          legal requirements are met.

                          Nothing in these Procurement Policies will prevent WTA from
                          complying with the terms and conditions of any grant, contract, gift,
                          or bequest that is otherwise consistent with law.

                          Included in Scope: The following shall be governed by these
                          Procurement Policies:
                          Procuring, Purchasing, Leasing, or Renting:
                              Goods, Supplies, Equipment, Materials
                              Construction and Maintenance
                              Consultant Services
                              Architectural and Engineering (A & E) Consultant Services
                              Other Services

                          Excluded from Scope: The following shall not be governed by
                          these Procurement Policies:
                              Real Estate Purchase and Sale Transactions. (Surveys,
                                appraisals, environmental assessments, and financing
                                analyses are considered Consultant services and governed
                                by these Procurement Policies.)
                              Business and other Insurance
                              Banking services, Loan transactions, and related documents
                              Sub-recipient or sub-grantee agreements and related
                                change orders.
                              Employment matters and employee benefit plans/programs.


Section 4:                Contract awards may be made only to “responsible” contractors
                          possessing the ability, willingness, and integrity to perform
Bidders and               successfully under the terms and conditions of the contract
Proposers                 (49 U.S.C. Section 5325). The prospective contractor must meet
                          the following criteria as well as any additional criteria described in
                          the solicitation document:


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                              a) Is not debarred or suspended from Federal programs per the
                                 Excluded Parties List System or equivalent.
                              b) Is in compliance with applicable licensing, tax laws, and
                                 regulations,
                              c) Has, or can obtain, sufficient resources to perform the
                                 contract,
                              d) Is not, or has not recently been seriously deficient in contract
                                 performance, unless it is determined that the circumstances
                                 were beyond the bidder or proposer’s control, or unless the
                                 bidder or proposer has taken appropriate corrective action.

                          Purchasing shall ensure there is an IRS form W-9 (or substitute
                          form) on file prior to payment to a vendor.

                          Prior to the award of any public works contract, Purchasing shall
                          ensure and document that the low bidder meets the mandatory
                          bidder responsibility criteria included in RCW 39.04.350.
                          Additionally, WTA may develop supplemental bidder criteria as part
                          of construction bidding documents, which include relevant, specific,
                          and objective qualification requirements for the contractor or sub-
                          contractors that may be used in evaluating whether a contractor is
                          a responsible bidder capable of performing the proposed work.

Section 7                 Micro purchase procedures are for the purchases of goods and
                          services under $3,000, as defined by FTA Circular 4220.1F
                          Section VI. Employees are expected to use their best professional
Purchases                 judgment when making micro purchases and maximize WTA
Under $3,000              dollars for value. Although competition is not required, it is
                          expected that the best possible price be obtained and that no
                          favoritism be shown in selecting suppliers.

                          Micro-purchases:
                             a) Shall be distributed equitably among qualified suppliers,
                                service providers, consultants, and contractors.
                             b) Shall not be divided or reduced merely to comply with the
                                micro-purchase limit.
                             c) Are exempt from FTA’s Buy America requirements.
                             d) Pricing shall be fair and reasonable.

                          All Public Works projects are subject to Prevailing Wage rules
                          (FTA C4220.1.f) as well as bidding and contract requirements and
                          may only be purchased under this section if in compliance with
                          Section 11.5.




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Section 16                WTA invites and encourages small and disadvantaged business
                          enterprises (small, minority, and woman-owned) to participate in
Disadvantaged             the procurement process for all purchases as detailed in . WTA’s
Business                  Disadvantaged Business Enterprise Policy/Program.
Enterprise
                          WTA will take all necessary affirmative steps to assure that DBE’s
                          are contracted with when possible. Affirmative steps shall include:

                           1.    Placing qualified DBE’s on solicitation lists;

                           2.    Ensuring that DBE’s are solicited whenever they are potential
                                 sources.

                           3.    Dividing total requirements (within the limits of this policy),
                                 when economically feasible, into smaller tasks or quantities to
                                 permit maximum DBE participation.

                           4.    Establishing delivery schedules, when requirements permit,
                                 that encourage DBE participation;

                                5. Using the services and assistance of the Small Business
                                   Administration (SBA); and the Minority Business
                                   Development Agency of the Department of Commerce and
                                   other agencies; and

                           6.1. Requiring the prime contractor, if subcontracts are to be let, to
                                take the affirmative steps listed in items 1-5 above. In
                                construction contracts, if required by federal grant provisions,
                                the WTA may require the prime contractor to attain the
                                minimum percentage of Disadvantaged Business Enterprises
                                subcontractor participation as stated in the bid proposal. The
                                contractor shall submit with each monthly invoice a billing
                                specification which clearly outlines the dollar amount of DBE
                                participation for that billing period.




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AGENDA ITEM F.5                                                           FOR ACTION

                                               MEMORANDUM

TO:              Chairperson and Members of the Board of Directors

FROM:            Patricia Dunn, Director of Finance

DATE:            February 21, 2013

SUBJECT:         Consideration of Approval of the WTA Disadvantaged Business Enterprise
                 (DBE) Program


RECOMMENDATION

That the Board of Directors approve the WTA 2013 Disadvantaged Business Enterprise
(DBE) Program and the 2013-2015 DBE Goal.


BACKGROUND

Department of Transportation regulation 49 CFR Part 26 was implemented about 30
years ago in accordance with congressional legislation to ensure a “level playing field”
and foster equal opportunity in DOT funded contracts, improve the flexibility and
efficiency of the DBE program, and reduce burdens on small businesses. It requires a
Disadvantaged Business Enterprise Program (DBE Plan) from each transit system
receiving federal funding.

In recent years, WTA was not required to have a DBE goal because federal funds were
spent only on Fleet Vehicles. In 2013 (and several years into the future), WTA has
budgeted non-bus projects with federal funds.


DBE GOAL

WTA has calculated a DBE goal of 0%. The methodology is shown in the attached
Goal Methodology document.




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DBE POLICY


WTA’s DBE program with changes follows this memo. Updates are summarized in this
table:

Section                  Change                                      Comment

 26.27       Director of Finance will          In 2013 there are no minority owned banks in either
             investigate (financial            Whatcom County or Washington State.
             services institutions), at
             least biennially.

 26.39       Added start time for Small        The Small Business Participation element was
             Business Participation            added by DOT in 2012 as part of the DBE program
             elements.                         for DOT-assisted public works projects. Time frame
                                               for implementation is two months after FTA
                                               approval.

 26.51       Participation to be race          “Recipients located within the jurisdiction of the U.S.
             neutral.                          Court of Appeals for the Ninth Circuit are subject to
                                               Western States Paving, Inc. v. Washington State
                                               Department of Transportation, 407 F.3d 983, and
                                               should verify with DOT whether they may use DBE
                                               contract goals and/or race-conscious measures
                                               when implementing their DBE programs. Absent
                                               approval from DOT, Ninth Circuit recipients
                                               should be operating entirely race-neutral DBE
                                               programs.”

 26.53       Eliminate “Good Faith             This section refers to Contract goals and therefore
             Efforts Procedures”               implies that WTA has a Race Conscious Goal.
             section.                          WTA’s program is Race Neutral, per above.


With Board approval, WTA will submit the program and goals to the FTA and publish
the DBE Goal for public comment. After 45 days (early April), WTA will compile the
comments and consider any additional actions.


FISCAL IMPACT

There is no fiscal impact.




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                            Whatcom Transportation Authority
                           Overall DBE Goals and Methodology
                             For Triennium Ended 9/30/2015



Whatcom Transportation Authority (WTA) submits this Disadvantaged Business
Enterprise (DBE) goal methodology to the US Department of Transportation’s Federal
Transit Administration (FTA) for review and approval pursuant to 49 CFR 26.45 to
establish the triennium DBE goal for its federally assisted transit contracts for 2013,
2014, and 2015. WTA has established a proposed triennium DBE goal of 0%.


Anticipated FTA Financial Assistance
WTA anticipates receiving $2,540,000 of FTA Section 5307 grant funding over the
triennium, not including transit vehicles1. This projection was determined by the
individual projects identified in WTA’s Five Year Capital Plan and the Transportation
Improvement Plan (TIP).

Market area
Whatcom County is bordered by Canada to the north, the Salish Sea to the west, and
Cascade Mountains to the east. These geographic boundaries constrain ready market
access for vendors of certain products and services.

Market areas have been defined as:
Software (511210)               US
Bus Shelter pads and flagging   Whatcom and Skagit Counties
VOIP Phone System               Whatcom, Skagit, Snohomish, and King Counties
All Other Projects              Washington State


Market area was determined for projects by knowledge of:
  1. Past procurements
  2. Utilization of local market
  3. Availability of product and services




1
    49 CFR 26.45(2)


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                                  Methodology and Evidence



Step 1: Base Figure

Each project (and project component, if applicable) was assigned a NAICS (North
American Industry Classification System) code. The DBE availability percentage was
calculated by determining the number of ready, willing, and able DBEs divided by all
firms which are ready, willing, and able to perform the same work.


                Ready, willing and able DBEs                  = Step One Base figure
        All firms ready will and able (DBE + non-DBEs)


This was determined for each NAICS code as shown below:

                                                         Amount of   % of total
       NAICS Code                         Project        DOT funds DOT funds
                                                         on project: (weight)
 1) 238110,237310 Bus Shelter Pads (10%)                      32,000     0.0126
 2)     561990     Bus Shelter Flagging (1%)                   3,200     0.0013
 3)     236220     Bus Shelters (89%)                        284,800     0.1121
 4)     334220     Mobile Data Terminals                     180,000     0.0709
 5)     334514     Farebox Replacement                     1,200,000     0.4724
 6)     423690     VOIP Phone System                         160,000     0.0630
 7)     511210     Workforce Mgt                             520,000     0.2047
 8)     511210     ERP System                                160,000     0.0630
    Total FTA-Assisted Contract Funds                     $2,540,000     1.0000




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WTA then determined the DBE availability for each NAICS Code. WTA identified the
number of DBEs certified within a specific scope of work or NAICS code utilizing the
Directory of Certified firms published on the Washington State Office of Minority and
Women’s Business Enterprises (OMWBE) website. Per 49 CFR 26.81(a), OMWBE
serves as the Unified Certification Program for Washington State and maintains the
Directory per 49 CFR 26.81(g).

DBE Availability:
                                                           Number of
                                                                         All firms
                                                              DBEs
                                                                         available  Relative
        NAICS Code                      Project            available to
                                                                        (including Availability
                                                             perform
                                                                          DBEs)
                                                            this work

 1)    238110,237310       Bus Shelter Pads (10%)                4              65      0.0615
 2)    561990              Bus Shelter Flagging (1%)             1              13      0.0769
 3)    236220              Bus Shelters (89%)                    0              10      0.0000
 4)    334220              Mobile Data Terminals                 0              29      0.0000
 5)    334514              Farebox Replacement                   0               4      0.0000
 6)    423690              VOIP Phone System                     1             185      0.0054
 7)    511210              Workforce Mgt                         0               1      0.0000
 8)    511210              ERP System                            0             117      0.0000
       Combined Totals / Overall Availability of
                                                                 6             424      0.0142
       DBEs




The DBE Availability Percentage was then multiplied by the project weight:

                                                                                         Weighted
       NAICS Code                  Project             Weight         x     Availability   Base
                                                                                          Figure
 1)   238110,237310   Bus Shelter Pads (10%)           0.01260        x     0.06154       0.0008
 2)   561990          Bus Shelter Flagging (1%)        0.00126        x     0.07692       0.0001
 3)   236220          Bus Shelters (89%)               0.11213        x
 4)   334220          Mobile Data Terminals            0.07087        x
 5)   334514          Farebox Replacement              0.47244        x
 6)   423690          VOIP Phone System                0.06299        x      0.00541     0.0003
 7)   511210          Workforce Mgt                    0.20472        x
 8)   511210          ERP System                       0.06299        x
                                                                   Total                 0.0012
                                                          Expressed as a % (*100)        0.12%
                                                       Rounded, Weighted Base Figure:      0%




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Step 2: Adjustment

This step is intended to adjust the “base figure” percentage from Step 1 so it reflects as
accurately as possible the DBE participation the recipient would expect in the absence
of discrimination.

WTA will not make an adjustment to the base figure shown in Step 1.



Public Participation

WTA has sought public participation from DBE businesses through public meetings and
forums. WTA encourages DBE participation in all procurements. This is stated on our
website and notices of advertisement for contracting opportunities. Our website also
offers an opportunity for the public to submit comments to WTA regarding services and
programs.



LEGAL NOTICE:

PUBLIC NOTICE OF DBE GOALS
Whatcom Transportation Authority
Public Comment Period – DBE Goals
Federal Fiscal Years 2013, 2014, 2015

It is the policy of Whatcom Transportation Authority to provide Disadvantaged Business Enterprises
(DBE) maximum opportunity to participate in the performance of contracts financed in whole or part with
federal funds. The WTA will not allow any person or business to be excluded from participation in, denied
the benefits of, or otherwise be discriminated against in connection with the award and performance of
any U.S. Department of Transportation assisted contract on the basis of sex, race, color or national origin.
The WTA has established a proposed DBE participation overall goal for the triennium of 0%. The goal
was developed in accordance with the process described in US DOT’s CFR 49 Part 26. WTA’s proposed
goal and its rationale will be available for inspection for forty five days from the date of this notice, from
9:00 a.m. through 5:00 p.m., Monday through Friday, at WTA’s main office (address below) or at
www.ridewta.com. WTA will accept comments on the goal for 45 days from the date of this notice.

Mail or e-mail comments to: procurement@ridewta.com or Procurement, 4111 Bakerview Spur,
Bellingham, WA 98226.




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                          WHATCOM TRANSPORTATION AUTHORITY

                  DISADVANTAGED BUSINESS ENTERPRISE PROGRAM




                                   Objectives/Policy Statement
The WTA has established a Disadvantaged Business Enterprise (DBE) program in accordance with
regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The WTA has received
Federal financial assistance from the Department of Transportation, and as a condition of receiving this
assistance, the WTA has signed an assurance that it will comply with 49 CFR Part 26.

It is the policy of the WTA to ensure that DBEs, as defined in Part 26, have an equal opportunity to
receive and participate in DOT–assisted contracts. It is also our policy:

        1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts;
        2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
        3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
        4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
           participate as DBEs;
        5. To help remove barriers to the participation of DBEs in DOT assisted contracts;
        6. To assist the development of firms that can compete successfully in the marketplace outside
           the DBE Program.

The Director of Finance has been delegated as the DBE Liaison Officer. In that capacity, the Director of
Finance is responsible for implementing all aspects of the DBE program. Implementation of the DBE
program is accorded the same priority as compliance with all other legal obligations incurred by the WTA
in its financial assistance agreements with the Department of Transportation.

This policy has been approved by the WTA Board of Directors and distributed within our organization.
We will also distribute this statement to DBE and non-DBE businesses through our website.




______________________________                                    ________________________
General Manager                                                   Date




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Following is the WTA DBE Program, numbered in accordance with 49 CFR Part 26, as it applies to WTA.




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                           SUBPART A – GENERAL REQUIREMENTS
Section 26.1              Objectives

The objectives are found in the policy statement on the first page of this program.

Section 26.3              Applicability

The WTA is the recipient of federal transit funds authorized by Titles I, III, V, and VI of ISTEA, Pub. L.
102-240 or by Federal transit laws in Title 49, U.S. Code, or Titles I, II, and V of the Teas-21, Pub. L. 105-
178.

WTA does not submit a DBE Program to the FTA for years without applicable federally funded programs.
For example, in years when the only federally funded programs are for bus purchases, a DBE plan is not
                                                                                     2
required. Years with federally funded construction projects will require a DBE plan.

Section 26.5              Definitions

The WTA will adopt the definitions contained in Section 26.5 for this program.

Section 26.7              Non-discrimination Requirements

The WTA will never exclude any person from participation in, deny any person the benefits of, or
otherwise discriminate against anyone in connection with the award and performance of any contract
covered by 49 CFR part 26 on the basis of race, color, sex, or national origin.

In administering its DBE program, the WTA will not, directly or through contractual or other arrangements,
use criteria or methods of administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE program with respect to individuals of a particular race,
color, sex, or national origin.

Section 26.11 Record Keeping Requirements

Reporting to DOT: 26.11(b)
We will report DBE participation on a quarterly basis, using DOT Form 4630. These reports will reflect
payments actually made to DBEs on DOT-assisted contracts.


Bidders List: 26.11(c)
The WTA will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or
quote on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders list
approach to calculating overall goals. The bidder list will include the name, address, DBE non-DBE
status, age, and annual gross receipts of firms.

Information will be collected in the following ways:
     A contract clause requiring prime bidders to report the names/addresses, and other
        information of all firms who quote to them on subcontracts;
     A notice in all solicitations, and otherwise widely disseminated,
     Request to firms quoting on subcontracts to report information directly to the recipient.




2
    CFR 49 part 26.21



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Section 26.13 Federal Financial Assistance Agreement

WTA has signed the following assurances, applicable to all DOT-assisted contracts and their
administration:

Assurance: 26.13(a)
WTA shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT assisted contract or in the administration of its DBE Program or the
requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps
under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT
assisted contracts. The recipient’s DBE Program, as required by 49 CFR part 26 and as
approved by DOT, is incorporated by reference in this agreement. Implementation of this
program is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the WTA of its failure to carry out its approved program, the
Department may impose sanction as provided for under part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. 3801 et seq.).

This language will appear in financial assistance agreements with sub-recipients.

Contract Assurance: 26.13b

WTA will ensure that the following clause is placed in every DOT-assisted contract and subcontract:

The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to
carry out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the recipient deems appropriate.




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                       SUBPART B - ADMINISTRATIVE REQUIREMENTS
Section 26.21 DBE Program Updates

When WTA receives a grant of $250,000 or more in FTA planning capital, and or operating assistance in
a federal fiscal year we will carry out this program until all funds from DOT financial assistance have been
expended. We will provide DOT with updates representing significant changes in the program.

Section 26.23 Policy Statement

The Policy Statement is elaborated on the first page of this program.

Section 26.25 DBE Liaison Officer (DBELO)

We have designated the following individual as our DBE Liaison Officer:
      Patricia Dunn, Director of Finance
      4111 Bakerview Spur
      Bellingham, WA 98226
      patd@ridewta.com


The DBELO is responsible for implementing all aspects of the DBE program and ensuring that the WTA
complies with all provision of 49 CFR Part 26. The DBELO has direct, independent access to the
General Manager concerning DBE program matters. An organization chart displaying the DBELO’s
position in the organization is found in Attachment 1.

The DBELO is responsible for developing, implementing and monitoring the DBE program, in
coordination with other appropriate officials. The DBELO has a staff of one to assist in the
administration of the program. The duties and responsibilities include the following:

        1. Gathers and reports statistical data and other information as required by DOT.
        2. Reviews third party contracts and purchase requisitions for compliance with this program.
        3. Ensures that bid notices and requests for proposals are available to DBEs in a timely
           manner.
        4. Ensures that standard clauses in requests for proposals, advertisements, and bids are in
           compliance with RCW 39.19.050, including notice of the statutory penalties under RCW
              39.19.080 and 39.19.090 for noncompliance.
        5.    Analyzes WTA’s progress toward attainment and identifies ways to improve progress.
        6.    Participates in pre-bid meetings.
        7.    Advises the General Manager and Board of Directors on DBE matters and achievement.
        8.    Provides DBEs with information and assistance in preparing bids, obtaining bonding and
              insurance.
        9.    Plans and participates in DBE training seminars.
        10.   Identifies DBEs according to the criteria set by DOT and acts as liaison to the Uniform
              Certification Process in Washington.
        11.   Provides outreach to DBEs and community organizations to advise them of opportunities.
        12.   Maintains WTA’s updated directory of certified DBEs.


Section 26.27 DBE Financial Institutions

It is the policy of the WTA to investigate the full extent of services offered by financial institutions owned
and controlled by socially and economically disadvantaged individuals in the community, to make
reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted
contracts to make use of these institutions. We have searched the Washington OMWBE directory to
identify such institutions and will re-evaluate the availability of DBE financial institutions biannually. To


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date we have not identified any DBE financial institutions in Whatcom County or the State of Washington.
Information on the availability of such institutions can be obtained from the DBE Liaison Officer.


Section 26.29 Prompt Payment Mechanisms

The WTA will include the following clause in each DOT-assisted prime contract:

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the prime
contract receives from WTA. The prime contractor agrees further to return retainage payments to
each subcontractor within 10 days after the subcontractors work is satisfactorily completed. Any
delay or postponement of payment from the above referenced time frame may occur only for
good cause following written approval of the WTA. This clause applies to both DBE and non-
DBE subcontracts.


Section 26.31 Directory

WTA utilizes the State of Washington OMWBE directory which identifies all firms eligible to participate as
DBEs. Parties interested in becoming certified under the WA OMBWBE program can contact the agency
at http://www.omwbe.wa.gov/index.shtml or call toll free (866) 208-1064. WTA also maintains a list of
DBEs specifically interested in WTA opportunities. Parties interested in the WTA list may contact the
DBELO.

Section 26.33 Overconcentration

WTA has not identified that overconcentration exists in the types of work that DBEs perform.

Section 26.35 Business Development Programs

WTA has not established a business development program.

Section 26.37 Monitoring and Enforcement Mechanisms

WTA will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR
Part 26:

1. We will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest
   conduct in connection with the program, so that DOT can take the steps (e.g., referral to the
   Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under
   suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109.
2. We will consider similar action under our own legal authorities, including responsibility determinations
   in future contracts. Attachment 3 lists the regulation, provisions, and contract remedies available to
   us in the events of non-compliance with the DBE regulation by a participant in our procurement
   activities.
3. We will also provide monitoring and enforcement to verify that work committed to DBEs at contract
   award is actually performed by the DBEs. This will be accomplished as described in the applicable
   contract.
4. We will keep a running tally of actual payments to DBE firms for work committed to them at the time
   of contract award.

Section 26.39 Small Business Participation
WTA has incorporated the following non-discriminatory element to its DBE program, in order to facilitate
competition on DOT-assisted public works projects by (DBE and non-DBE) small business concerns :
    Removal of unnecessary and unjustified bundling of contract requirements.



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       Requiring prime contractors to provide subcontracting opportunities of the type and size that
        small businesses, including DBEs can reasonably compete for and perform.
       Work with the Small Business Administration and/or other agencies.
       Periodic reviews (at least every 12 months) of available DBEs, per OMWBE in WTA’s market
        area for WTA projects and procurements.

This small business participation element will be started within two months of FTA approval of this
element.




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SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING
Section 26.43 Set-asides or Quotas

The WTA does not use quotas in the administration of this DBE program.

Section 26.45 Overall Goals:

A description of the methodology to calculate the overall goal and the goal calculations is in Attachment
4. This section of the program will be updated at least triennially.

In accordance with Section 26.45(f) the WTA will submit its overall goal to DOT by August 1 of the year
required. Before establishing the overall goal each year, WTA will consult with DBE contractor
associations, technical assistance agencies, community organizations, and other officials or organizations
in the service area to obtain information concerning the availability of disadvantaged and non-
disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the WTA’s efforts
to establish a level playing field for the participation of DBEs. WTA will document all outreach efforts.

Following this consultation, we will publish a notice in the Bellingham Herald of the proposed overall
goals, informing the public that the proposed goal and its rational are available for inspection during
normal business hours at our principal office for 30 days following the date of the notice, and informing
the public that WTA and DOT will accept comments on the goals for 45 days from the date of the notice.
Normally, we will issue this notice by June 1 or each year. The notice must include addresses to which
comments may be sent and addresses (including offices and websites) where the proposal may be
reviewed.

Our overall goal submission to DOT will include a summary of information and comments received during
this public participation process and our responses.

We will begin using our overall goal on October 1 of each year, unless we have received other
instructions from DOT. If we establish a goal on a project basis, we will begin using our goal by the time
of the first solicitation for a DOT-assisted contract for the project.

Section 26.49 Transit Vehicle Manufacturers Goals

WTA will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose
on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of this
section.

Section 26.51 Meeting Overall Goals

WTA will meet the maximum feasible portion of its overall goal using race-neutral means of facilitating
DBE participation.

To develop DBE participation, WTA will:
1. Arrange solicitations, times for the presentation of bids, quantities, specifications and delivery
schedules in ways that facilitate participation by DBEs and other small businesses and by making
contracts more accessible to small businesses, by means such as those provided under §26.39 of this
part. This could include unbundling large contracts to make them more accessible to small businesses;
requiring or encouraging prime contractors to subcontract portions of work that they might otherwise
perform on their own;

2. Carry out information and communications programs on contracting procedures and specific contract
opportunities. This could include ensuring the inclusion of DBEs and other small businesses on recipient
mailing lists for bidders, ensuring the dissemination to bidders on prime contracts of lists of potential
subcontractors; provision of information in languages other than English, where appropriate;


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3. Providing services to help DBEs and other small businesses to improve long-term development;
increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects
and achieve eventual self-sufficiency;

4. Encouraging use of the online OMWBE and SCS directories and our website to the widest feasible
universe of potential prime contractors.

5. Referring DBEs and other small businesses to programs that can assist them to develop their capacity
to utilize emerging technology and conduct business through electronic media.

For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to, the
following:
 DBE participation through a prime contract a DBE obtains through customary competitive
     procurement procedures;
 DBE participation through a subcontract on a prime contract
 DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE
     status in making the award.


Section 26.55 Counting DBE Participation

We will count DBE participation toward overall goals as provided in 49 CFR 26.55.


                                SUBPARTS D & E - CERTIFICATION
Section 26.81 Unified Certification Programs

WTA is a member of the Washington State Office of Minority and Women’s Business Enterprises
(OMWBE) Unified Certification Program (UCP). The UCP will meet all of the requirements of this section.
WTA will use and count for DBE credit only those DBE firms certified by the OMWBE. The DBE directory
is at http://www.omwbe.wa.gov/certification/certification_directory.shtml .

Section 26.83-26.91 Procedures for Certification Decisions
For information about the certification process or to apply for certification, firms should contact the
Washington State Office of Minority and Women’s Business Enterprises at
http://www.omwbe.wa.gov/index.shtml. WTA itself does not certify DBE’s.

Any firm or complainant may appeal a [state UCP’s] decision in a certification matter to DOT. Such
appeals may be sent to:
U.S. Department of Transportation
Office of Civil Rights Certification Appeals Branch
1200 New Jersey Ave. SE
West Building, 7th Floor
Washington, D.C. 20590

We will promptly implement any DOT certification appeal decisions affecting the eligibility of DBEs for our
DOT-assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was
erroneous).




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                     SUBPART F – COMPLIANCE AND ENFORCEMENT
Section 26.109 Information, Confidentiality, Cooperation

We will safeguard from disclose to third parties information that may reasonably be regarded as
confidential business information, consistent with Federal and state law. See Washington State RCW
50.13 “Records and information – privacy and confidentiality” for Washington requirements.

Notwithstanding any contrary provisions of state or local law, we will not release personal financial
information submitted in response to the personal net worth requirement to a third party (other than DOT)
without the written consent of the submitter.

Monitoring Payments to DBEs

We will require prime contractors to maintain records and documents of payments to DBEs for three
years following the performance of the contract. These records will be made available for inspection
upon request by any authorized representative of the WTA or DOT. This reporting requirement also
extends to any certified DBE subcontractor.

We will perform interim audits of contract payments to DBEs. The audit will review payments to DBE
subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar
amounts states in the schedule of DBE participation.




                                               ATTACHMENTS
Attachment 1              Organizational Chart
Attachment 2              DBE Goal Setting Checklist
Attachment 3              Monitoring and Enforcement Mechanisms
Attachment 4              Goal Calculation Worksheet




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                                                                                  Attachment 1

                                                                       Organizational Chart




                                                                                             Board of Directors
              DBELO:                Elected Officials from Bellingham (3), Whatcom County (2), Lynden (1), Blaine (1), Ferndale (1), Everson/Nooksack/Sumas (1)
              Director of
              Finance                                                                                                                           Executive
                                                                                                    General                                     Assistant
                                                                                                    Manager


  Director                          Director of                     Director of                     Manager of                     Director                               Director of
   of HR                             Finance                        Fleet and                       Community                         of                                   Service
   EEO*                              DBELO*                          Facilities    Maint Prgm      Relation/Mktg      Exec        Operations                             Development
                                                                                   Administrator                    Assistant                     Manager of
    HR            Manager of        Purchacing      Manager                                                                                      Paratran Svc   Service Dev        Public Info
 Specialist       Account Svcs       Contracts       of IT                                                         Safety / Sec   Operations                     Assistant        Coordinator
                                   Administrator                                                     Ops Dept        Officer      Supervisors    Fixed-Route
    HR            Accounting                        IT Data        Fleet Maint     Service Sect      Assistant                                   Dispatchers
  Assistant       Tech I - A/P                     Syst Admin       Manager         Supervisor                      Terminal                                    Transit Srvc       Ridership
                                                                                                                                   Operators
                                                                                                                   Expeditors                    Paratransit      Analyst          Surveyors
                    Payroll                        IT Specialist   Lead Fleet      Lead Servicer                                                 Dispatchers
                   Specialist                        Software      Maint Tech                                                       Training
                                                                                    Servicers                                     Prgm Coord     Paratransit
                  Accounting                       IT Support      Fleet Maint.                                                                  Disp Tech
                    Tech II                           Staff        Technicians      Facilities                                    Lead FR CSR
                                                                                    Custodian                                                       CSR's
                                                                      Senior                                                       FR CSRs
                                                                   Storekeeper     Route Maint                                                    Eligibility
Key                                                                                  Worker                                                       Specialist
                                                                   Storekeeper
Represented                                                                          Facilities                                                   Scheduler
                                                                                    Technician
Non Represented

* EEO - Equal Employmenf Officer DBELO - Disadvantaged Business Enterprise Liason Officer




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                                                Attachment 2
                                           DBE Goal Setting Checklist

               Evaluate the extent of the geographic boundaries of the WTA’s service area and bidding
               community as a source of DBE’s.

               Evaluate the number of DBE’s likely to be available for subcontracting opportunities.

               Evaluate the percentage of minority and female population in WTA’s service area or bidding
               community.

               Evaluate the historic participation of DBEs on past WTA projects with DBE goals.

               Evaluate the historic availability of DBEs in the WTA’s service area and bidding community.

               Evaluate the demographic changes in the WTA’s service area and bidding community, as well
               as the OMWBE Directory and knowledge of local conditions, which might indicate a reasonable
               likelihood that new DBE businesses are available and interested in performing work on WTA
               projects.

               Evaluate WTA’s historic outreach efforts to DBE businesses in the WTA’s service area and
               bidding community.

               Evaluate the probable capacity of the available DBE businesses in the WTA’s service area and
               bidding community to perform the subcontracting opportunities.

               Evaluate the number, type and dollar value of subcontracting opportunities related to a project
               for which the WTA will utilize DOT funding assistance.

               Before establishing a goal, the WTA will consult with DBE contractor associations, technical
               assistance agencies, disadvantaged economic development groups and DBEs in the service
               area. The purpose will be to acquaint the DBE community with the nature, scope and
               requirements of WTA’s procurement, construction and contracting activities and for the WTA to
               solicit information from these groups regarding potential DBE participation, the effects of
               discrimination on opportunities for DBEs, and the WTA’s efforts to establish a level playing field
               for the participation of DBEs.

               Following this consultation, the WTA will publish a notice of the proposed goal, informing the
               public that the proposed goal and its rationale are available for inspection during normal
               business hours on WTA’s website and/or at the WTA Administrative Office 45 days following the
               date of the notice, and informing the public that public comments on the goals will be received
               for 45 days from the date of the notice. The notice will be published on WTA’s website, in the
               Bellingham Herald, and other venues as determined by the DBELO. The notice will include
               addresses to which comments may be sent and addresses (including offices and websites)
               where the proposal may be reviewed.

               Summarize information and comments received during the public participation process with
               WTA’s responses, and any subsequent action.




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                                                 Attachment 3

                           Monitoring and Enforcement Mechanisms




WTA has available several remedies to enforce the DBE requirements contained in its contracts,
including, but not limited to, the following:

        1.   Breach of contract action, pursuant to the terms of the contract;
        2.   Breach of contract action, pursuant to [State Code Section X]
        3.   Statutory penalties under RCW 39.19.080 and 39.19.090 for noncompliance.
        4.   Other applicable laws statues, and regulations.


In addition, the federal government has available several enforcement mechanisms that it may apply to
firms participating in the DBE problem, including, but not limited to, the following:

        1. Suspension or debarment proceedings pursuant to 49 CFR part 26
        2. Enforcement action pursuant to 49 CFR part 31
        3. Prosecution pursuant to 18 USC 1001.




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                                                 Attachment 4

                                    Overall Goal Calculation Worksheet

Amount of Goal

1. WTA’s overall goal for [FY 20__] OR [for the following time period 20__-20__] is the following: ___%
of the Federal Financial assistance we will expend in DOT-assisted contracts exclusive of FTA funds to
be used for the purchase of transit vehicles.

2. $_____ is the dollar amount of DOT-assisted contracts that WTA expects to award during FFY20__.
This means that WTA has set a goal of expending $____ with DBEs during this fiscal year/project.


Methodology used to Calculate Overall Goal

Step 1:
Determine the base figure for the relative availability of DBEs. The base figure for the relative availability
of DBE’s is calculated as follows:

        Base figure       =        Ready, willing, and able DBEs
                                   All firms ready, willing and able

The data source or demonstrable evidence used to derive the numerator was: ___________________

The data source or demonstrable evidence used to derive the denominator was: _________________

The numerator divided by the denominator is base figure for our overall goal: ____________________

Step 2:
After calculating a base figure of the relative availability of DBEs, evidence was examined to determine
what adjustment was needed to the base figure in order to arrive at the overall goal.

In order to reflect as accurately as possible the DBE participation we would expect in the absence of
discrimination we have adjusted our base figure by __%.

The data used to determine the adjustment to the base figure was: ____________________________

The reason we chose to adjust our figure using this data was because: _________________________

From this data, we have adjusted our base figure to: ________________________________________


Public Participation
WTA published goal information in these publications:

WTA received comments from these individuals or organizations:

Summaries of these comments are as follows:

Our responses to these comments are:




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AGENDA ITEM G.1                                                        FOR DISCUSSION

                                               MEMORANDUM

TO:                Chairperson and Members of the Board of Directors

FROM:              Rick Nicholson, Director of Service Development

DATE:              February 21, 2013

SUBJECT:           Discussion of a Farebox Recovery Ratio

RECOMMENDATION
Discussion item only

BACKGROUND
A Farebox Recovery Ratio is the amount of fare revenue collected divided by the fully
allocated costs (minus depreciation) of one or more modes of transit service.
Historically, WTA has had an informal goal of recovering 10% of fully allocated costs
through farebox receipts for fixed route and Specialized Transportation service
combined. Due to the very different requirements of these two modes of service, staff
believe that a more useful farebox recovery ratio goal would be one limited to fixed
route. This is also more in line with industry practice.

Since 2008, WTA’s fixed route farebox recovery ratio has ranged between 12.5% and
17.2%. It is projected to be 15.6% in 2013. While a high fixed route recovery ratio is
often considered a good thing, it can create unintended negative consequences if used
too strictly. For example, it could limit future growth of productive rural service and
encourage less productive urban service. This is due to the fact that rural riders
generally ride for much longer for the same fare. Twenty boardings per hour on a rural
route is quite good (the bus is half full). Twenty an hour on an urban route is not (the
bus is only about 20% full). Yet the farebox revenue is the same.

Still, a farebox recovery ratio can be a useful tool for determining appropriate fares. As
a result of these considerations staff is recommending that a minimum fixed route
farebox recovery ratio of 15% be used as a guideline. Staff would report annually on
the actual farebox recovery ratio compared to this guideline.

Specialized Transportation has a current farebox recovery ratio of about 1%. WTA has
no ability to modify how or when the service is provided (it is required by federal law) so
we have little ability to affect a change to the farebox recovery ratio. Therefore, no
guideline is proposed for Specialized Transportation.

FISCAL IMPACT
None



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