of 24 /24
Quorum = 3 Agenda Administration Tuesday, May 26, 2020, 1:00 p.m. DART Conference Room C – 1 st Floor 1401 Pacific Ave., Dallas, Texas 75202 Due to the COVID-19 virus and current extension of the Disaster Declaration issued by the Governor, all DART Board Meetings and Public Hearings are closed to the public. All meetings will take place by videoconference and will be available at https://www.dart.org/about/board/boardvideo.asp. 1. Roll Call 2. Approval of Minutes: April 28, 2020 3. Approval of a Civil Rights Claim Settlement Procedure (Rick Stopfer/Gene Gamez) 4. *Briefing on GoPass® Agency Licensing Go-To-Market Strategy (Rick Stopfer/Nicole Fontayne-Bárdowell) 5. *Briefing on Procurement Policies and Procedures (Rick Stopfer/Nicole Fontayne-Bárdowell) 6. *Quarterly Briefing of President/Executive Director’s FY 2020 Goals and Performance Measures (Rick Stopfer/Gary Thomas) 7. +Adoption of President/Executive Director’s FY 2021 Goals and Performance Measures (Rick Stopfer/Gary Thomas) 8. Identification of Future Agenda Items 9. Adjournment *This Is A Briefing Item Only +This Is A Same Night Voting Item The Administration Committee may go into Closed Session under the Texas Open Meetings Act, Section 551.071, Consultation with Attorney, for any legal issues, or under Section 551.074 for Personnel matters, or under Section 551.076 or Section 551.089, Deliberation Regarding Security Devices or Security Audits, arising or regarding any item listed on this Agenda. Chair – Rick Stopfer Vice Chair – Sue S. Bauman Members – Mark Enoch, Jonathan R. Kelly and Michele Wong Krause Staff Liaison – Nicole Fontayne-Bárdowell

Agenda - Dallas Area Rapid Transit · AGENDA ITEM NO. 2 MINUTES DALLAS AREA RAPID TRANSIT ADMINISTRATION COMMITTEE MEETING April 28, 2020 Due to the COVID-19 virus, DART Board meeting

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Page 1: Agenda - Dallas Area Rapid Transit · AGENDA ITEM NO. 2 MINUTES DALLAS AREA RAPID TRANSIT ADMINISTRATION COMMITTEE MEETING April 28, 2020 Due to the COVID-19 virus, DART Board meeting

Quorum = 3

Agenda Administration

Tuesday, May 26, 2020, 1:00 p.m. DART Conference Room C – 1st Floor 1401 Pacific Ave., Dallas, Texas 75202

Due to the COVID-19 virus and current extension of the Disaster Declaration issued by the Governor, all DART Board Meetings and Public Hearings are closed to the public.

All meetings will take place by videoconference and will be available at https://www.dart.org/about/board/boardvideo.asp.

1. Roll Call 2. Approval of Minutes: April 28, 2020 3. Approval of a Civil Rights Claim Settlement Procedure

(Rick Stopfer/Gene Gamez) 4. *Briefing on GoPass® Agency Licensing Go-To-Market Strategy

(Rick Stopfer/Nicole Fontayne-Bárdowell) 5. *Briefing on Procurement Policies and Procedures

(Rick Stopfer/Nicole Fontayne-Bárdowell) 6. *Quarterly Briefing of President/Executive Director’s FY 2020 Goals and

Performance Measures (Rick Stopfer/Gary Thomas) 7. +Adoption of President/Executive Director’s FY 2021 Goals and Performance

Measures (Rick Stopfer/Gary Thomas) 8. Identification of Future Agenda Items 9. Adjournment

*This Is A Briefing Item Only +This Is A Same Night Voting Item

The Administration Committee may go into Closed Session under the Texas Open Meetings Act, Section 551.071, Consultation with Attorney, for any legal issues, or under Section 551.074 for Personnel matters, or under Section 551.076 or Section 551.089, Deliberation Regarding Security Devices or Security Audits, arising or regarding any item listed on this Agenda.

Chair – Rick Stopfer Vice Chair – Sue S. Bauman

Members – Mark Enoch, Jonathan R. Kelly and Michele Wong Krause Staff Liaison – Nicole Fontayne-Bárdowell

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AGENDA ITEM NO. 2

MINUTES DALLAS AREA RAPID TRANSIT

ADMINISTRATION COMMITTEE MEETING April 28, 2020

Due to the COVID-19 virus, DART Board meeting rooms were closed to the public. All meetings took place by videoconference and are available at h ttps ://www.dart.org/about/board/boardvideo.asp.

The Dallas Area Rapid Transit Administration Committee meeting came to order at 1 :40 p.m., Tuesday, April 28, 2020, via videoconference, at DART Headquarters, 1401 Pacific Avenue, Dallas, Texas, with Chair Stopfer presiding.

The following Committee members were present: Rick Stopfer, Sue S. Bauman, Mark Enoch, Jonathan R. Kelly , and Michele Wong Krause.

Other Board Members present: Paul N. Wageman, Robert C. Dye, Patrick J. Kennedy, Jon-Bertel} Killen, Amanda Moreno, Lee Ruiz, Gary Slagel, and Dominique P. Torres.

Others present: Gary Thomas, Gene Gamez, Nicole Fontayne-Bardowell, Rosa Medina, Nancy Johnson, and Yvette Bayer.

1. Roll Call

2.

Chair Stopfer took Roll Call, confirming a quorum was present.

Chair Stopfer stated the Committee would conduct the actions of the meeting by Roll Call vote. He then provided voting instructions prior to continuing with the agenda items.

Approval of Minutes: March 24, 2020

Chair Stopfer called for the motion, and second.

Ms. Wong Krause made a motion to approve the Minutes from the March 24, 2020, Administration Committee Meeting Minutes to be entered into record, as written.

Mr. Kelly seconded.

Chair Stopfer took a Roll Call vote, and the motion was approved unanimously.

Ms. Bauman joined the meeting at 1 :43 p.m.

Consent items:

3. Contract Modification to Increase Funding to Unwire Payments & Mobility ApS (Unwire) to Extend SpareLabs Inc., Microtransit Application

Ms. Wong Krause moved to forward this draft resolution to the Committee-Of-The­Whole agenda, with a recommendation, stating the President/Executive Director, or his designee, is authorized to:

Section 1: Execute a contract modification to extend Microtransit's operational funding to add an additional one year to the contract with Unwire Payments & Mobility ApS (Unwire), [Contract No. 2027710-02].

2020-04-28 Adrnin Minutes.docx 5/22/2020; 8:00 A.M.

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Section 2: Increase the not-to-exceed amount by $230,000, for a new total authorized amount not to exceed $5,434,725.

Mr. Enoch seconded.

Chair Stopfer took a Roll Call vote, and the motion was approved unanimously.

Individual Items:

4. *Briefing on Cyber Security

Mr. Gary Thomas, President/Executive Director, provided a preamble to this item.

Mr. Julius Smith, Vice President/Chief Information Officer, briefed the Committee (slides on file with the Office of Board Support) as follows:

• Cyber Security Overview (slide 1)

• Digit DART (slide2)

• The Threat Landscape (slide 3)

• FBI Crime Complaint Center 2019 Statistics (slide 4)

• Threat Landscape & Recent Cyber Security Attacks (slide 5)

• COVID-19 Exploited by Malicious Cyber Actors (slide 6)

• Accounting Hijacking on the Rise (slide 7)

• COVID-19 Remote Work (slide 8)

• DART Cyber Security Program (slide 9)

• Principles (slide IO)

• Security Strategy Considerations (slide 11)

• Data, Technology, and Physical Security Risks Domains (slide 12)

• Defensive steps (slide 13)

• First line of defense our people ... (slide 14)

• Security Response (slide 15)

• Security Updates (slide 16)

• Designing Secure Solutions (slide 17)

Chair Stopfer recommended Mr. Smith include Mr. Chris Koloc, Director of Internal Audit, in his process.

5. Contract for an Information Technology (IT) Managed Security Services Provider

Mr. Smith briefed the Committee (slides on file with the Office of Board Support) as follows:

• Digital DART (slide I)

• Recommendation (slide 2)

• Background (slide 3)

• Support Overview (slide 4)

• Procurement Process (slide 5)

• Contract Scope (slide 6)

• Information Technology (IT) Security Contract (slide 7)

• CRITICALST ART (slide 8)

• Recommended Contract Award for Board Approval (slide 9)

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6.

7.

Ms. Wong Krause questioned what this company does in regard to threat intelligence. Mr. Smith responded. Ms. Wong Krause then questioned if DART was below on the MWBE goals. Mr. Gabriel Beltran responded this contract is being purchased through the State of Texas and they set the hub goals. Ms. Wong Krause questioned why DART is using a contract through the State of Texas. Mr. John Adler, Vice President of Procurement, respond this was done as a financial benefit.

Mr. Kelly questioned if the contractor would be held responsible if a cyber-attack occurred. Mr. Adler responded there is language in the contract that holds the contractor responsible and DART also has cyber security insurance.

Mr. Wageman encouraged Mr. Smith to make contact with Mr. Koloc, in regard to Agenda Item 4, Briefing on Cyber Security.

Ms. Wong Krause moved to fonvard this draft resolution to the Committee-Of-The­Whole agenda, with a recommendation, stating the President/Executive Director, or his designee, is authorized to award a two-year contract with one, one-year option for an Information Technology Managed Security Services Provider to Critical Start, LLC, for a total authorized amount not to exceed $4,031,377.

Mr. Enoch seconded.

Chair Stopfer took a Roll Call vote, and the motion was approved unanimously.

*Briefing on Energy Efficiency and Cost Savings Program

Mr. Adler briefed the Committee (slides on file with the Office of Board Support) as follows:

• Briefing (slide 2)

• Enabling Law (slide 3)

• Photo Examples (slide 4)

• Benefits to DART (slide 5)

• First RFP (slide 7)

• DART ESPC Procurement Steps (slide 8)

In regard to slide 7, First RFP, Mr. Wageman inquired if the misstep was that DART sent an Request for Proposal (RFP) instead of an Request for Q_ (RFQ). Mr. Wageman then asked about the closing date of the second rfp. Mr. Wageman inquired why the Board was not notified (2:26 p.m.) Mr. Wageman stated he would speak with Chair Stopfer and Mr. Gary Thomas, President/Executive Director, regarding the next steps for this item.

Chair Stopfer stated this item could be brought back to this committee for further discussion.

*Briefing on a Claims Settlement Procedure for Civil Rights.

Mr. Gene Gamez, General Counsel, briefed the Committee (slides on fi le with the Office of Board Support) as follows:

• Current Tort Claims Procedure (slide 2)

• Bases for Civil Rights Claims Procedure (slide 3)

• Example of Civil Rights Claims (slide 4)

• Civil Rights Authority-Other Cities (slide 5)

2020-04-28 Admin Minutes.docx 3 5/22/2020; 8:00 A.M.

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• Proposed Civil Rights Claims Resolution (slide 6)

Mr. Killen left the meeting at 2:30 p.m.

Ms. Wong Krause questioned what Mr. Gamez had said regarding Houston Metro. Mr. Gamez replied Houston Metro does not have a limit, however, they must go before their Board for approval.

8. *Briefing on DART's Substance Abuse Testing Program

9.

Mr. James Duff, Assistant Vice President of Risk Management, briefed the Committee (slides on file with the Office of Board Support) as fo llows:

• Presentation Overview (s lide t )

• Substance Abuse Awareness & Support (slide2)

• Safety-Sensitive Functions (slide 3)

• Safety-Sensitive Testing Pool (slide 4)

• Non-Safety-Sensitive Functions (slide 5)

• Benchmarking (slide 6)

• Random Testing Process Overview (slides 7-8)

• Random Testing of Non-Safety-Sensitive Employees (slidc9)

• State and Federal Guidelines (slide 10)

Ms. Bauman questioned (2:45 p.m.) Mr. Duff and Ms. Diane Northrop responded.

Mr. Enoch inquired if there was an amount of residual drugs. Ms. Northrop clarified DART is under the Federal FTA guidelines; (no drugs in system)

Ms. Wong Krause

Ms. Moreno how many employees have sought treatment. Mr. Duff responded by providing those numbers for FY 2019 and FY 2020. After further discussion, Ms. Moreno requested a copy of the reasonable suspicion form for upper management from the Administrative Employee Management (AEM).

Mr. Ruiz questioned if he understood correctly that at this time there is no random testing for non-safety-sensitive employees. Mr. Duff responded that is correct. Mr. Ruiz inquired if the amount provided of $192K was the proposed cost to begin random testing the non­safety-sensitive employees. He further asked if this was a recommendation by staff or was this requested by the Board. Mr. Duff responded this was in response to the Board' s request for a briefing on random testing for all employees. He further noted this was simply an estimate of the cost should the Board decide to conduct random testing for all employees.

*Briefing and Discussion of Draft President/Executive Director's FY 2021 Goals and Performance Measures

Mr. Thomas briefed the Committee (slides on file with the Office of Board Support) as follows:

• Draft FY 2021 - April 28, 2020 (Attachment l of the Agenda Report 9, *Briefing and Discussion of Draft President/Executive Director' s FY 2021 Goals and Performance Measures)

Chair Stopfer recommended the Committee review the goals and provide feedback to make the goals more profound

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10. *Mid-Year Review of FY 2020 Goals and Performance Measures: General Counsel

Chair Stopfer stated that it was 3:18 p.m. on Tuesday, April 28, 2020, and unless the individual being reviewed requests that this item be discussed in public, the Dallas Area Rapid Transit Administration Committee was going into Closed Session under the Texas Open Meetings Act, Section 551.074, which allows deliberation of a personnel matter, to discuss Agenda Item 10, *Mid-Year Review of FY 2020 Goals and Performance Measures: General Counsel, and Agenda Item 11, *Mid-Year Review of FY 2020 Goals and Performance Measures: Director of the Office of Board Support.

11. *Mid-Year Review of FY 2020 Goals and Performance Measures: Director of the Office of Board Support

Briefed in closed session.

The Committee reconvened into Open Session at 3:49 p.m.

Mr. Killen rejoined the meeting during the closed session.

12.

13.

Identification of Future Agenda Items

There were no future agenda items identified at this time.

Adjournment

There being no further business to discuss, the meeting adjourned at 3 :51 p.m.

~a~-= Yvette Bayer Board Support Analyst

/yb +Same Date Item * Briefing Item

2020-04-28'Admin Minutes.docx 5 5/22/2020; 8:00 A.M.

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Agenda ReportVoting Requirements:  Majority

DATE:    May 26, 2020 SUBJECT:    Approval of a Civil Rights Claim Settlement Procedure

RECOMMENDATION

Approval of a Resolution for a Civil Rights Claim Settlement Procedure which: 1) establishes a CivilRights Claims Committee consisting of the General Counsel, Chief Financial Officer, Chief ofPolice, and Operations Risk Manager, or their designees; 2) authorizes: a) the claims agent, claimssupervisor, or Operations Risk Manager to make settlements and release funds designated for CivilRights claims up to $2,500; b) the Operations Risk Manager and Chief of Police to approvesettlements for Civil Rights claims between $2,500 and $15,000; and c) the Civil Rights ClaimsCommittee to settle claims between $15,000 and $100,000; 3) establishes that settlement of claimsmore than $100,000 require approval of the DART Board; and 4) requires that Civil Rights cases bereported at least quarterly to the DART Board.

FINANCIAL CONSIDERATIONS

• This procedure establishes an approval process for payment of Civil Rights claims.

• Funding for settlement of Civil Rights claims is within current FY 2020 Twenty-Year FinancialPlan allocations.

BUSINESS PURPOSE

• As part of the General Counsel’s FY 2020 Goals, the DART Board tasked the General Counselwith the creation of an amended approach to resolve civil rights claims arising or associated withthe DART Police Department.

• On September 22, 1987 (Resolution No. 870079), the Board approved a liability claimssettlement procedure that established the Claims Committee consisting of the ExecutiveDirector, Chief Financial Officer, General Counsel and an Operations Risk Manager. TheClaims Committee was given authority to settle claims from $15,000 to $100,000. Claims above$100,000 require DART Board approval. This Claims Committee procedure is geared towardTort liability claims and does not include a police department representative.

• While on duty and in the course and scope of their employment, DART police officers areconsidered state actors and may be sued in their official or individual capacity under variouscivil rights statutes.

• A Civil Rights Claim Settlement Procedure will assist the General Counsel, Risk Managementand Chief of Police in evaluating civil rights claims and establish settlement authorityparameters.

AGENDA ITEM NO. 3

Civil Rights Claim Settlement Procedure 5/21/2020 1:55:46 PM1

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• Approval of a Resolution for a Civil Rights Claim Settlement Procedure will assist DART inachieving Board Strategic Priority 6: Innovate to improve levels of service, business processes,and funding.

LEGAL CONSIDERATIONS

Section 452.054 of the Texas Transportation Code authorizes DART to exercise all powers necessaryor convenient to carry out the purposes or provisions of the statute.

Civil Rights Claim Settlement Procedure 5/21/2020 1:55:46 PM2

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DRAFT

RESOLUTION

of the

DALLAS AREA RAPID TRANSIT BOARD

(Executive Committee)

Approval of a Civil Rights Claim Settlement Procedure

WHEREAS, the current claims settlement procedure established under Resolution No. 870079pertains to Tort claims; and

WHEREAS, a Civil Rights Claim Settlement Procedure will assist the General Counsel, RiskManagement and Chief of Police in evaluating Civil Rights claims and establish settlementauthority parameters; and

WHEREAS, the DART Board tasked the General Counsel with the creation of an approach toresolve Civil Rights claims arising from or associated with the DART Police Department; and

WHEREAS, the General Counsel accordingly presents the proposed Civil Rights claim settlementprocedure set forth in this Resolution; and

WHEREAS, funding for settlement of Civil Rights claims is within current FY 2020 Twenty-YearFinancial Plan allocations.

NOW THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors thata Civil Rights Settlement Procedure is approved which:

Section 1: Establishes a Civil Rights Claims Committee consisting of the General Counsel,Chief Financial Officer, Chief of Police, and Operations Risk Manager, or theirdesignees.

Section 2: Authorizes: a) the claims agent, claims supervisor, or Operations Risk Managerto make settlements and release funds designated for Civil Rights claims up to$2,500; b) the Operations Risk Manager and Chief of Police to approvesettlements for Civil Rights claims between $2,500 and $15,000; and c) theCivil Rights Claims Committee to settle claims between $15,000 and $100,000.

Section 3: Establishes that settlement of claims more than $100,000 require approval ofthe DART Board.

Section 4: Requires that Civil Rights cases be reported at least quarterly to the DARTBoard.

Civil Rights Claim Settlement Procedure 1

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Civil Rights Claim Settlement Procedure 2

Approval of a Civil Rights Claim Settlement Procedure

Prepared and Approved as to form:

/s/ Gene Gamez * Gene Gamez General Counsel

Approved by:

/s/ Gary C. Thomas * Gary C. Thomas President/Executive Director

* Reviewed and approved, but not signed due to COVID-19 Coronavirus Pandemic

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Agenda Report

DATE:    May 26, 2020 SUBJECT:    Briefing on GoPass® Agency Licensing Go-To-Market Strategy

RECOMMENDATION

This is a briefing item. No action required at this time.

BUSINESS PURPOSE

• The purpose of this briefing is to present a Go-To-Market strategy and strategic outlook for theconsideration of future investments in development and scalability related to GoPass and thebroader Mobility as a Service (MaaS) ecosystem.

• GoPass is a nationally recognized mobile ticketing and scheduling application in use across largeportions of the DFW Metroplex. Enhancements have been made that enable GoPass to functionas a multi-regional platform without detriment to the quality of product to DART riders.

• DART is in the process of developing and implementing strategic change initiatives that willposition the organization at the forefront of MaaS service provider model. MaaS incorporates amove towards mobility solutions that are consumed as a service. This is enabled by combiningtransportation services from public and private transportation providers through a unified mobilegateway. Implementing new features to GoPass supporting the operations of other agenciesbuilds DART’s MaaS capabilities and benefits DART’s ridership in adding more choices andservices to the offering of GoPass.

• GoPass is an integral component to DART’s MaaS ambitions, and success in licensing GoPassacross multiple regions will contribute revenues to DART, and enhance mobility across theDART Service Area.

• On July 9, 2019 (Resolution No. 190080), the DART Board approved a resolution authorizingthe President/Executive Director or his designee to award a contract to KPMG for a study toestablish both market viability, business opportunity, and a technology roadmap for DART tolicense the GoPass solution to agencies across North America. DART has received significantinterest from agencies wishing to utilize the GoPass platform in support of their local efforts.

• To ensure GoPass remains a market-leading platform, investment in GoPass will be required.DART staff has utilized the KPMG study and US transit market data to create a financial modelfor GoPass to operate and scale to an industry platform, including the expansion of capabilitiesto a broader MaaS ecosystem.

• Discussion of this item will help achieve Board Strategic Priority 1: Continually improve serviceand safety experiences and perceptions for customers and the public; and Priority 6: Innovate toenhance levels of service, business processes, and funding.

AGENDA ITEM NO. 4

GoPass Go-To-Market Strategy 5/21/2020 1:24:42 PM1

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Agenda Report

DATE:    May 26, 2020 SUBJECT:    Briefing on Procurement Policies and Procedures

RECOMMENDATION

This is a briefing item. No action is required at this time.

BUSINESS PURPOSE

• The purpose of this item is to brief the Administration Committee on Procurement policies andprocedures. The briefing will include information on applicable laws and regulations, annualspending, sourcing methods, performance measures, and contract administration.

• The discussion of this item will help achieve Board Strategic Priority 6: Innovate to improvelevels of service, business processes, and funding.

AGENDA ITEM NO. 5

Briefing on Procurement Policies and Procedures 5/22/2020 8:30:01 AM1

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FY21 Goals-Perf Measures 1 5/22/2020 10:31 AM

Agenda Report

DATE: May 26, 2020

SUBJECT: Adoption of President/Executive Director’s FY 2021 Goals and Performance

Measures

BOARD ACTION

Approval of a resolution adopting the FY 2021 Goals and Performance Measures for the

President/Executive Director, as shown in Exhibit 1 to the Resolution.

PURPOSE

⋅ DART has consistently used a system of establishing goals and tracking performance measures

to provide a focus for strategic and operational improvement, create an analytical basis for

decision making, and provide focus on the priorities set by the Board.

⋅ On February 25, 2020 (Resolution No. 200023), the Board established the following Strategic

Priorities for FY 2021 – FY 2025.

1. Enhance the safety and service experience through customer-focused initiatives

2. Provide stewardship of the transit system, agency assets and financial obligations

3. Innovate to enhance mobility options, business processes and funding

4. Pursue excellence through employee engagement, diversity, development and well-

being

5. Enhance DART’s role as a recognized local, regional and national transportation leader

⋅ In order to move the agency in the direction described in the Strategic Priorities, the Board

establishes annual goals and performance measures for the President/Executive Director.

These goals and performance measures in turn guide the development of the annual budget

and financial plan, the Business Plan, department work plans, specific projects, and ultimately

performance plans for employees. Creating a clear “line of sight” through all levels is

Attachments:

1. Draft FY 2021 President/Executive

Director Goals

2. Approved FY 2020 President/Executive

Director Goals and Performance

Measures, as Revised September 17, 2019

Voting Requirements:

Majority

Agenda Item No. 6

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FY21 Goals-Perf Measures 2 5/22/2020 10:31 AM

important for creating accountability throughout the agency and helps maintain focus on the

Strategic Priorities.

⋅ The Employment Agreement with DART’s President/Executive Director requires that

“methods and criteria, including specific goals and other performance indicators” are to be

developed for use in evaluating Mr. Thomas’s performance.

⋅ The Agreement provides two alternatives for the Board to approve goals and performance

indicators for Mr. Thomas. First, the Board prepares and provides goals and performance

indicators for the following fiscal year by May 1 of each year. Alternatively, Mr. Thomas

prepares and provides goals and performance indicators to the Board for consideration by the

first regularly scheduled meeting of the Board in June.

⋅ Having final goals and performance measures in place by early June allows sufficient time for

staff to incorporate funding for activities that support the approved goals in the following

year’s annual budget.

⋅ Goals and performance measures for the General Counsel, the Director of Internal Audit, and

the Director of the Office of Board Support may be established according to terms in their

individual employment agreements and are not addressed in the President/Executive Director’s

Employment Agreement.

⋅ The following dates and deadlines relating to goals and performance measures are included in

the President/Executive Director’s Employment Agreement:

⋅ May 1 – Board deadline to approve President/Executive Director’s goals and performance

measures

⋅ First Board meeting in June – Deadline for President/Executive Director to present goals

and performance measures to the Board for consideration in the event the Board does not

act by May 1

⋅ October 30 – Board deadline to determine if the President/Executive Director is

satisfactorily performing

⋅ November 14 – Board deadline to determine whether Mr. Thomas has met goals and

performance measures

COMMITTEE CONSIDERATIONS

⋅ The Administration Committee discussed the first draft of the President/Executive Director’s

proposed FY 2021 goals on April 23, 2020.

⋅ Attachment 2 is a copy of the President/Executive Director’s approved FY 2020 Goals and

Performance Measures, as revised on September 17, 2019.

LEGAL CONSIDERATIONS

Section 452.104 of the Texas Transportation Code provides that the Executive Director shall

administer the daily operation of the authority.

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FY21 Goals-Perf Measures 3 5/22/2020 10:31 AM

Section IV., Compensation and Evaluation, of the Amended and Restated Employment Agreement

between DART and Gary C. Thomas, contains provisions under which the Board approves goals

and performance measures to use in evaluating Mr. Thomas’s performance.

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Attachment 1

FY21 Goals-Perf Measures 1

Draft FY 2021 Goals

May 26, 2020

1. Customer experience

a. Meet target for customer satisfaction

b. Achieve ridership gains

c. Meet target for brand regard

2. Employee engagement and well-being

a. Increase participation in employee survey

b. Overall employee health score

c. Improve employee safety score

3. Financial stability

a. Maintain approved budget

b. Maintain bond rating

4. Project milestones

a. Meet milestones for Silver Line

b. Meet milestones for Bus Reimagining

c. Meet milestones for D2

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FY21 Goals-Perf Measures 1

DRAFT

RESOLUTION

of the

DALLAS AREA RAPID TRANSIT BOARD

(Executive Committee)

Adoption of President/Executive Director’s FY 2021 Goals and Performance Measures

WHEREAS, DART has consistently used a system of establishing goals and tracking performance

measures to provide a focus for strategic and operational improvement, create an analytical basis

for decision making, and provide focus on the priorities set by the Board; and

WHEREAS, on February 25, 2020 (Resolution No. 200023), the Board established the following

Strategic Priorities for FY 2021 – FY 2025; and

WHEREAS, in order to move the agency in the direction described in the Strategic Priorities, the

Board establishes annual goals and performance measures for the President/Executive Director

which guide the development of the annual budget and financial plan, the annual business plan,

department work plans, specific projects, and ultimately performance plans for employees, thereby

creating a clear “line of sight” through all levels of the organization and accountability throughout

the agency; and

WHEREAS, the Board desires to establish goals and performance measures for the

President/Executive Director for Fiscal Year 2021.

NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors

that:

Section 1: The Board adopts the goals and the performance measures for the

President/Executive Director for Fiscal Year 2021 as shown in Exhibit 1 to this

Resolution.

Section 2: The Board may modify the performance measures for the President/Executive

Director as may be necessary to make them consistent with the final FY 2021

Budget and Twenty-Year Financial Plan.

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FY21 Goals-Perf Measures 2

Adoption of President/Executive Director’s FY 2021 Goals and Performance Measures

/s/ Jonathan R. Kelly* /s/ Paul N. Wageman*

___________________________________ ___________________________________ Jonathan R. Kelly Paul N. Wageman Secretary Chair APPROVED AS TO FORM: ATTEST: /s/ Gene Gamez * /s/ Gary C. Thomas ___________________________________ ___________________________________ Gene Gamez Gary C. Thomas General Counsel President/Executive Director

05/26/2020 _________________________________ Date

* Reviewed and approved, but not signed due to COVID-19 Coronavirus Pandemic

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FY21 Goals-Perf Measures 1 5/22/2020 10:31 AM

Agenda Report

DATE: May 26, 2020

SUBJECT: Adoption of President/Executive Director’s FY 2021 Goals and Performance

Measures

BOARD ACTION

Approval of a resolution adopting the FY 2021 Goals and Performance Measures for the

President/Executive Director, as shown in Exhibit 1 to the Resolution.

PURPOSE

⋅ DART has consistently used a system of establishing goals and tracking performance measures

to provide a focus for strategic and operational improvement, create an analytical basis for

decision making, and provide focus on the priorities set by the Board.

⋅ On February 25, 2020 (Resolution No. 200023), the Board established the following Strategic

Priorities for FY 2021 – FY 2025.

1. Enhance the safety and service experience through customer-focused initiatives

2. Provide stewardship of the transit system, agency assets and financial obligations

3. Innovate to enhance mobility options, business processes and funding

4. Pursue excellence through employee engagement, diversity, development and well-

being

5. Enhance DART’s role as a recognized local, regional and national transportation leader

⋅ In order to move the agency in the direction described in the Strategic Priorities, the Board

establishes annual goals and performance measures for the President/Executive Director.

These goals and performance measures in turn guide the development of the annual budget

and financial plan, the Business Plan, department work plans, specific projects, and ultimately

performance plans for employees. Creating a clear “line of sight” through all levels is

Attachments:

1. Draft FY 2021 President/Executive

Director Goals

2. Approved FY 2020 President/Executive

Director Goals and Performance

Measures, as Revised September 17, 2019

Voting Requirements:

Majority

Agenda Item No. 7

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FY21 Goals-Perf Measures 2 5/22/2020 10:31 AM

important for creating accountability throughout the agency and helps maintain focus on the

Strategic Priorities.

⋅ The Employment Agreement with DART’s President/Executive Director requires that

“methods and criteria, including specific goals and other performance indicators” are to be

developed for use in evaluating Mr. Thomas’s performance.

⋅ The Agreement provides two alternatives for the Board to approve goals and performance

indicators for Mr. Thomas. First, the Board prepares and provides goals and performance

indicators for the following fiscal year by May 1 of each year. Alternatively, Mr. Thomas

prepares and provides goals and performance indicators to the Board for consideration by the

first regularly scheduled meeting of the Board in June.

⋅ Having final goals and performance measures in place by early June allows sufficient time for

staff to incorporate funding for activities that support the approved goals in the following

year’s annual budget.

⋅ Goals and performance measures for the General Counsel, the Director of Internal Audit, and

the Director of the Office of Board Support may be established according to terms in their

individual employment agreements and are not addressed in the President/Executive Director’s

Employment Agreement.

⋅ The following dates and deadlines relating to goals and performance measures are included in

the President/Executive Director’s Employment Agreement:

⋅ May 1 – Board deadline to approve President/Executive Director’s goals and performance

measures

⋅ First Board meeting in June – Deadline for President/Executive Director to present goals

and performance measures to the Board for consideration in the event the Board does not

act by May 1

⋅ October 30 – Board deadline to determine if the President/Executive Director is

satisfactorily performing

⋅ November 14 – Board deadline to determine whether Mr. Thomas has met goals and

performance measures

COMMITTEE CONSIDERATIONS

⋅ The Administration Committee discussed the first draft of the President/Executive Director’s

proposed FY 2021 goals on April 23, 2020.

⋅ Attachment 2 is a copy of the President/Executive Director’s approved FY 2020 Goals and

Performance Measures, as revised on September 17, 2019.

LEGAL CONSIDERATIONS

Section 452.104 of the Texas Transportation Code provides that the Executive Director shall

administer the daily operation of the authority.

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FY21 Goals-Perf Measures 3 5/22/2020 10:31 AM

Section IV., Compensation and Evaluation, of the Amended and Restated Employment Agreement

between DART and Gary C. Thomas, contains provisions under which the Board approves goals

and performance measures to use in evaluating Mr. Thomas’s performance.

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Attachment 1

FY21 Goals-Perf Measures 1

Draft FY 2021 Goals

May 26, 2020

1. Customer experience

a. Meet target for customer satisfaction

b. Achieve ridership gains

c. Meet target for brand regard

2. Employee engagement and well-being

a. Increase participation in employee survey

b. Overall employee health score

c. Improve employee safety score

3. Financial stability

a. Maintain approved budget

b. Maintain bond rating

4. Project milestones

a. Meet milestones for Silver Line

b. Meet milestones for Bus Reimagining

c. Meet milestones for D2

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FY21 Goals-Perf Measures 1

DRAFT

RESOLUTION

of the

DALLAS AREA RAPID TRANSIT BOARD

(Executive Committee)

Adoption of President/Executive Director’s FY 2021 Goals and Performance Measures

WHEREAS, DART has consistently used a system of establishing goals and tracking performance

measures to provide a focus for strategic and operational improvement, create an analytical basis

for decision making, and provide focus on the priorities set by the Board; and

WHEREAS, on February 25, 2020 (Resolution No. 200023), the Board established the following

Strategic Priorities for FY 2021 – FY 2025; and

WHEREAS, in order to move the agency in the direction described in the Strategic Priorities, the

Board establishes annual goals and performance measures for the President/Executive Director

which guide the development of the annual budget and financial plan, the annual business plan,

department work plans, specific projects, and ultimately performance plans for employees, thereby

creating a clear “line of sight” through all levels of the organization and accountability throughout

the agency; and

WHEREAS, the Board desires to establish goals and performance measures for the

President/Executive Director for Fiscal Year 2021.

NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors

that:

Section 1: The Board adopts the goals and the performance measures for the

President/Executive Director for Fiscal Year 2021 as shown in Exhibit 1 to this

Resolution.

Section 2: The Board may modify the performance measures for the President/Executive

Director as may be necessary to make them consistent with the final FY 2021

Budget and Twenty-Year Financial Plan.

Page 24: Agenda - Dallas Area Rapid Transit · AGENDA ITEM NO. 2 MINUTES DALLAS AREA RAPID TRANSIT ADMINISTRATION COMMITTEE MEETING April 28, 2020 Due to the COVID-19 virus, DART Board meeting

FY21 Goals-Perf Measures 2

Adoption of President/Executive Director’s FY 2021 Goals and Performance Measures

/s/ Jonathan R. Kelly* /s/ Paul N. Wageman*

___________________________________ ___________________________________ Jonathan R. Kelly Paul N. Wageman Secretary Chair APPROVED AS TO FORM: ATTEST: /s/ Gene Gamez * /s/ Gary C. Thomas ___________________________________ ___________________________________ Gene Gamez Gary C. Thomas General Counsel President/Executive Director

05/26/2020 _________________________________ Date

* Reviewed and approved, but not signed due to COVID-19 Coronavirus Pandemic