BY-LAWS OF PORT AUTHORITY OF ALLEGHENY COUNTY
ARTICLE I General
Section 1. Principal Office
The principal office of Port Authority of Allegheny County (“Authority”) shall be at Heinz 57 Center, 345 Sixth Avenue, Pittsburgh, Pennsylvania, 15222-2527, or at any other place which may hereafter be selected by the Board of the Authority.
Section 2. Seal
The Authority shall have a common seal which shall contain the words "Port Authority of Allegheny County" or abbreviations thereof in a circle within which the word "seal" shall be contained. The seal or a facsimile thereof may be impressed on, affixed to or otherwise reproduced on any document, instrument, contract, bond or other writing.
Section 3. Fiscal Year
The fiscal year of the Authority shall commence on July 1 and end on June 30 of the following year.
ARTICLE II Board
Section 1. General Powers
Subject to the provisions of the Second Class County Port Authority Act, as amended, 55 P.S. § 551, et seq. (the "Act"), the business and property of the Authority shall be directed and managed, and its powers exercised, by a governing body acting as a Board. The Board may delegate to one or more of its agents or employees such of its powers as it shall deem necessary to carry out the purposes of the Authority and the Act, subject to the supervision and control of the Board.
Section 2. Number, Selection and Qualifications
The number of members of the Board shall be no more than eleven (11) members. The members shall be appointed as follows:
(a) One member appointed by the Governor of the Commonwealth of Pennsylvania.
(b) Four members appointed by officers of the General Assembly of the Commonwealth of Pennsylvania which appointments shall be made as follows:
(i) One member shall be appointed by the President Pro Tempore of the Senate.
(ii) One member shall be appointed by the Minority Leader of the Senate.
(iii) One member shall be appointed by the Speaker of the House of Representatives.
(iv) One member shall be appointed by the Minority Leader of the House of Representatives.
(c) Six members appointed by the County Executive of Allegheny County (“County Executive”). Two of such members shall be appointed by the County Executive from recommendations by the Allegheny Conference, the Southwest Pennsylvania Commission, the Councils of Government with constituent members in Allegheny County and the Committee for Accessible Transportation, which appointments shall be subject to confirmation by a majority vote of the members of the Allegheny County Council (“County Council”).
Except for the member appointed by the Governor, who shall be a resident of the Commonwealth of Pennsylvania, each member of the Board shall be a resident of Allegheny County and shall have expertise or substantial expertise in budgeting, finance, economic development, transportation or mass transit operations.
Section 3. Terms
Except as otherwise set forth in the Act regarding the initial terms of certain members, the terms of all members appointed to the Board shall be for a period of four (4) years and/or until their successors have been appointed. Members may succeed themselves. No member shall serve more than three (3) consecutive terms.
Section 4. Removal
A member may be removed for cause by the Court of Common Pleas of Allegheny County after having been provided with a copy of the charges against the member for at least ten (10) days and a full hearing by the Court.
Section 5. Vacancies
If a vacancy occurs on the Board by reason of death, resignation or removal of a member thereof, the designated authority which originally appointed the member, as set forth in Section 2 of this Article, shall appoint a successor to fill the member's unexpired term.
Section 6. Compensation of Board Members
Members of the Board shall not receive compensation for their services, but shall be entitled to payment for necessary expenses, including traveling expenses, incurred in the performance of their duties.
Section 7. Annual Meeting
The annual meeting of the Authority for the election of officers shall be held at the principal office of the Authority immediately prior to the regular Board meeting in January, unless changed by the consent of at least seven (7) members of the Board, as set forth in Section 12 of this Article, at which time the Board shall elect a Chairperson, Vice Chairperson, Secretary, Treasurer, and appoint such Assistant Secretaries and Assistant Treasurers as may be necessary.
Section 8. Regular Meetings
Regular meetings of the Board will be held at the principal office of the Authority according to a schedule established by the Board at the last regular meeting held in each calendar year.
Section 9. Special Meetings
Special meetings of the Board may be called by the Chairperson or by any six members of the Board.
Section 10. Executive Sessions
Executive sessions may be held during an open meeting, at the conclusion of an open meeting, or may be announced for a future time. The reason for holding the executive session shall be announced at the open meeting occurring immediately prior or subsequent to the executive session.
Section 11. Quorum
Six (6) members of the Board shall constitute a quorum.
Section 12. Board Decisions
The consent (vote) of at least seven (7) members of the Board present at a meeting at which a quorum is present shall be necessary to take action on behalf of the Authority.
Section 13. Tabling
(a) Any action to be taken by the Board will be tabled upon motion and the consent of at least seven (7) members of the Board present at a meeting.
(b) Upon motion and seconded by the two (2) members of the Board who are appointed by officers of the General Assembly, as set forth in Section 2(b) of this Article, who are not of the same political party affiliation as the County Executive, action on the following matters will be tabled:
(1) adopting By-Laws;
(2) appointing a Chief Executive Officer for the Authority;
(3) authorizing bonds, other borrowing and leases; and
(4) approving contracts which will entail expenditures in excess of five million dollars ($5,000,000).
Section 14. Notice of Regular and Special Meetings and Executive Sessions
Public notice of the schedule of regular meetings shall be given once for each calendar year and shall show the regular dates and times for meetings and the place at which meetings are held. Public notice shall also be given of each rescheduled regular or special meeting. Public notice shall be given by publishing notice once in at least two newspapers of general circulation in Allegheny County and by posting a copy of the notice on the website of the Authority. Public notice, including advertising as aforesaid, shall be given at least three days prior to the time of the first regularly scheduled meeting of each calendar year in the case of regular meetings, or at least 48 hours prior to the time of the meeting in the case of special or rescheduled regular meetings.
Written notice of all special meetings shall be given to all Board members at least 48 hours in advance, and the notice shall designate the time, place and general nature of the business to be transacted at such meeting.
If an executive session is not announced for a future specific time, written notice, specifying the date, time, location and purpose of the executive session, shall be given to all Board members at least 24 hours prior to any such executive session or committee meeting not required to be public.
In emergencies or urgent situations, as much advance notice as reasonably possible will be given.
Section 15. Liabilities of Members
The members of the Board shall not be liable personally on the bonds or other obligations of the Authority, and the rights of creditors shall be solely against the Authority.
Section 16. Committees
The Board may, by resolution, create ad hoc and/or standing committees as needed. The chairpersons and members of a committee shall be appointed by the Chairperson of the Board.
Section 17. Meeting by Telephone
Subject to any contrary provisions of applicable law, members of the Board may participate in a meeting by telephone conference or similar communication equipment, as long as all members participating in the meeting and members of the public in attendance can hear one another. All members participating by telephone or similar conference shall be deemed to be present in person at such a meeting for all purposes.
Section 1. Election of Officers
ARTICLE III Officers
There shall be elected annually the following officers from the members of the Board: a Chairperson, a Vice Chairperson, a Secretary and a Treasurer. The Board may also appoint as additional officers, who need not be members of the Board, but who shall be employees of the Authority, one or more Assistant Secretaries, one or more Assistant Treasurers and such other officers as the Board may determine.
Section 2. Terms of Office
The officers of the Authority who are members of the Board shall hold office for a period of one year or until their successors have been elected. Officers may be elected to succeed themselves and by the consent of at least seven (7) members of the Board, as set forth in Article II, Section 12, the Board may remove any officer at any time. Officers who are not members of the Board may be appointed at any meeting of the Board and shall serve at the will of the Board. If any office becomes vacant during the year, the Board shall fill the same for the unexpired terms.
Section 3. Chairperson
The Chairperson shall preside at all meetings of the Board at which the Chairperson is present. The Chairperson may create committees for special purposes as the need arises, make appointments from the Board to these committees, and appoint chairpersons of these committees. The Chairperson shall be an ex officio member of all committees except the nominating committee. The Chairperson may sign, execute and acknowledge on behalf of and in the name of the Authority all documents, including bonds, notes, or other evidences of indebtedness and contracts, which the Board has approved or which otherwise have been authorized by Board policy. The Chairperson shall regularly inform the Board of appropriate information given to him/her by the Chief Executive Officer.
Section 4. Vice Chairperson
In the absence or during the disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson and any other duties as specifically assigned by the Chairperson or the Board.
Section 5. Secretary
The Secretary shall record and keep in suitable books the minutes of the Board and shall receive and retain in suitable books the minutes of any committees established by the Board or the Chairperson. The Secretary shall send out notices of all regular, annual and special meetings of the Board which may be called or held in accordance with the provisions of the law and of these By-Laws. The Secretary may sign with the Chairperson or any other duly authorized officer or person in the name of the Authority contracts and other papers and documents, including bonds, notes or other evidences of indebtedness, which the Board has approved or
which otherwise have been approved by Board policy, and shall affix thereto, if required, and attest, the seal of the Authority. The Secretary shall have authority at all times to execute certificates of the correctness and authenticity of extracts from the minutes of the Board and other documents in possession of the Authority. The Secretary shall perform all other usual duties incident to the office of the Secretary of the Board. In the absence or disability of the Chairperson and the Vice Chairperson, the Secretary shall call the meeting to order and preside until a temporary provisional presiding officer is selected by the Board.
Section 6. Assistant Secretaries
The Board may appoint Assistant Secretaries who, in the absence of the Secretary, shall perform the duties and exercise the powers of the Secretary. All Assistant Secretaries shall be employees of the Authority and shall perform such other duties that the Board shall, from time to time, prescribe. They shall, as requested, report to the Secretary on duties performed in their capacity as Assistant Secretaries.
Section 7. Treasurer
The Treasurer shall serve as a member of the Performance Oversight and Monitoring Committee of the Board, if any, or of any committee which is a successor in function to, or otherwise performs duties similar in nature to that of, the Performance Oversight and Monitoring Committee. The Treasurer shall meet as necessary with the Chief Executive Officer and Chief Financial Officer for the purpose of receiving information and reports on the financial condition of the Authority and shall, from time to time, make recommendations to the Board on matters involving the financial condition of the Authority. The recommendations may be made by the Treasurer through the Chief Executive Officer, if appropriate.
The Treasurer shall make recommendations to the Board concerning the establishment of accounts with banks and trust companies for the deposit of funds of the Authority. The Treasurer shall, through officers and employees selected by the Board, cause all funds of the Authority to be deposited in the accounts so designated by the Board.
The Treasurer shall report to the Board annually, and at such other times as requested by the Chairperson, on the financial condition of the Authority and on other transactions involving his/her office. The Treasurer shall perform such other duties as may be assigned to him/her by the Board and, if required by the consent of at least seven (7) members of the Board, as set forth in Article II, Section 12, shall give the Authority a bond, with one or more sureties satisfactory to the Board, for the faithful discharge of the duties of the office.
Section 8. Assistant Treasurers
The Board may appoint Assistant Treasurers who, in the absence of the Treasurer, shall perform the duties and exercise the powers of the Treasurer, except such powers as are specifically directed to be exercised by the Treasurer by the Act. All Assistant Treasurers shall be employees of the Authority. They shall, as requested, report to the Treasurer on the duties performed in their capacity as Assistant Treasurers.
ARTICLE IV Chief Executive Officer; Experts and Consultants
Section 1. Chief Executive Officer
The Board shall employ an executive director with the title of Chief Executive Officer to manage the daily activities of the Authority and at such compensation as the Board may, from time to time, determine. The Chief Executive Officer shall serve at the will of the Board or for a term established by the Board by written contract, subject to the provisions of the Act.
Section 2. Powers and Duties of the Chief Executive Officer
The Chief Executive Officer shall serve as chief executive and operating officer of the Authority and shall have responsibility for the general supervision and management of the business affairs of the Authority. He/she shall see that all orders, resolutions, rules and regulations of the Authority are carried into effect, and shall provide the Board with reports at regular intervals throughout the year on the execution of the Board delegated responsibilities. The Chief Executive Officer shall consult as often as necessary with the Chairperson for the purpose of making oral reports on current matters and to receive the advice and guidance of the Chairperson.
Section 3. Other Experts and Consultants
The Board may name and appoint from time to time such special technical experts, legal counsel and consultants as it may require, to serve at the will of the Board, and for such compensation as the Board may provide. The Board may, by resolution, fix the respective duties of any special or technical experts, legal counsel, consultants, agents or employees, and under whose supervision or direction they or any of them shall serve.
ARTICLE V Reports
Section 1. Annual Financial Report
As soon after the end of each fiscal year as may be expedient, but no longer than six months, the Board shall have prepared and printed a report and financial statement certified by an independent certified public accountant of its operation and of its assets and liabilities. A condensed annual financial report of the Authority shall be published each year, once a week for two consecutive weeks, in at least two newspapers of general circulation in Allegheny County. A copy of the annual financial report shall be made available to the County Executive and to the governing body of each municipality in which the Authority operates.
ARTICLE VI Effect of Laws
Section 1. Laws to be Paramount
If any present or future laws of this Commonwealth shall be inconsistent with or contrary to any provisions of these By-Laws, then, notwithstanding any provision hereof, such law of this Commonwealth shall prevail and shall be adopted and incorporated herein by reference.
ARTICLE VII Amendments
Section 1. Provision for Amendment
Subject to Article II, Section 12, the Board shall have power to make, alter, amend, suspend or repeal the By-Laws of the Authority at any regular or special meeting of the Board, provided at least 48 hours notice of the purpose and substance of the proposed action shall have been previously given to each member of the Board.
ARTICLE VIII Indemnification
Section 1. Right of Indemnification and Reimbursement
To the fullest extent permitted by applicable law, each current or former member of the Board and/or officer or employee of the Authority, whether or not then in office or employed, shall be indemnified and reimbursed by the Authority against all liabilities, losses, costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees) reasonably paid or incurred by or imposed upon him/her in connection with any Proceeding (as defined below), to which he/she may be made a part or prospective party by reason of being or having been a member of the Board and/or such an officer or employee, or by reasons of any act or thing alleged to have been done or omitted by him/her, either alone or with others, as a member of the Board and/or such an officer or employee. For the purposes of this Article VIII, “Proceeding” shall mean any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative, investigative, or through arbitration. No indemnification pursuant to this Article VIII shall be made, however, in any case where the act or omission giving rise to the claim for indemnification is determined by a court to have constituted criminal conduct, self- dealing, fraud or willful misconduct. In any case in which liability for any such acts or omissions of any such member and/or officer or employee is imposed or sought to be imposed upon the estate of such member and/or officer or employee, the right to indemnification and reimbursement herein conferred on members and/or officers or employees shall extend to the heirs, executors and/or administrators of any such member and/or officer or employee, or any of them.
Section 2. Settlements
The right to indemnification and reimbursement hereby granted shall extend also to amounts paid or agreed to be paid by each person now or hereafter a member of the Board and/or officer or employee of the Authority in settlement of any Proceeding, provided, however, that if such Proceeding shall be settled or otherwise terminated as against such member and/or officer or employee without a final determination thereof, the Authority shall not indemnify or reimburse such member and/or officer or employee with respect thereto unless at least seven (7) of the remaining members of the Board (after excluding the member disqualified to vote by personal interest) shall have approved said settlement (either before or after its consummation) in accordance with Article II, Section 12.
Section 3. Non-Exclusivity of Rights
The right to indemnification and reimbursement hereby granted shall not be exclusive of, but shall be in addition to, the rights of members of the Board and/or officers or employees of the Authority to compensation for services performed and all other rights to which any such member and/or officer or employee shall be entitled as a matter of law, equity or otherwise.
Section 4. Advancement of Expenses
The right to indemnification and reimbursement provided in this Article VIII shall include the right to have the expenses reasonably incurred by the member of the Board and/or officers or employees of the Authority to be indemnified in defending any Proceeding paid by the Authority in advance of the final disposition of the Proceeding upon the receipt by the Authority of a written agreement by such member and/or officer or employee to refund the amounts so advanced if it is ultimately determined that such member and/or officer or employee is not entitled to indemnification and reimbursement under this Article VIII.
Section 5. Insurance
The Authority may self-insure or purchase and maintain insurance, at its expense, for the benefit of any person on behalf of whom insurance is permitted to be purchased by Pennsylvania law against any expense, liability or loss, in whole or in part. The Authority may also self-insure or purchase and maintain insurance to insure its indemnification obligations arising hereunder.
ARTICLE IX Parliamentary Authority
Section 1. Parliamentary Authority
The meetings of the Authority shall be conducted in accordance with Robert's Rules of Order, Revised to the extent that Robert's Rules of Order, Revised are not inconsistent with any applicable law, with these By-Laws, or with any special rules of order adopted by the Authority.
Section 1. Filing of By-Laws
ARTICLE X Filing of By-Laws
A copy of these By-Laws and any amendment, modification or substitution thereto or therefor, shall be filed with the Allegheny County Council.
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Port Authority of Allegheny County does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Port Authority of Allegheny County keeps track of the Web sites and pages our customers visit within Port Authority of Allegheny County, in order to determine what Port Authority of Allegheny County services are the most popular. This data is used to deliver customized content and advertising within Port Authority of Allegheny County to customers whose behavior indicates that they are interested in a particular subject area.
Port Authority of Allegheny County Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Port Authority of Allegheny County or the site; (b) protect and defend the rights or property of Port Authority of Allegheny County; and, (c) act under exigent circumstances to protect the personal safety of users of Port Authority of Allegheny County, or the public.
The Port Authority of Allegheny County Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Port Authority of Allegheny County pages, or register with Port Authority of Allegheny County site or services, a cookie helps Port Authority of Allegheny County to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Port Authority of Allegheny County Web site, the information you previously provided can be retrieved, so you can easily use the Port Authority of Allegheny County features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Port Authority of Allegheny County services or Web sites you visit.
Security of your Personal Information
Port Authority of Allegheny County secures your personal information from unauthorized access, use or disclosure. Port Authority of Allegheny County secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Port Authority of Allegheny County will occasionally update this Statement of Privacy to reflect company and customer feedback. Port Authority of Allegheny County encourages you to periodically review this Statement to be informed of how Port Authority of Allegheny County is protecting your information.
Port Authority of Allegheny County welcomes your comments regarding this Statement of Privacy. If you believe that Port Authority of Allegheny County has not adhered to this Statement, please contact Port Authority of Allegheny County at firstname.lastname@example.org. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Major Service Changes
The Federal Transit Administration (FTA) requires that transit agencies assess whether a proposed “fare change” or “major service change” would have a “disparate impact” on “minority populations,” or “disproportionate burden” on “low-income populations,” under Title VI of the Civil Rights Act of 1964, Title 49 C.F.R. Section 21.5(b)(2) and (b)(7), and Appendix C to Title 49 C.F.R. part 21. Pursuant to FTA Circular 4702.1B, FTA requires fixed route public transit agencies to clearly establish, with input through a public engagement process, threshold definitions for measuring disparate impacts and disproportionate burdens.
This policy will be utilized by Port Authority of Allegheny County (Authority) for analysis of proposed fare changes and major service changes. It establishes threshold standards for evaluating the equity impacts and the distribution of benefits and burdens caused by any fare change or major service change. The Authority reserves the right to amend this policy to the extent required by future changes in the law and/or at the discretion of its Board.
A transit provider is required to define and analyze adverse effects related to major changes in transit service. Adverse Effects may include Fare Changes, reductions in service (e.g., elimination of a route, shortlining a route, rerouting an existing route, increase in headways) or even additions to service, especially if they come at the expense of reductions in service on other routes. Transit providers are required to consider the degree of Adverse Effects, and analyze those effects, when planning service changes. The Authority will define and analyze Adverse Effects related to proposed Fare Changes or Major Service Changes. The Authority will measure the loss (the adverse impact), or the gain (benefit), among Minority Populations and nonminority populations and among Low-Income Populations and non-low-income populations when conducting a service equity analysis of a proposed Major Service Change, and among minority and overall users and among low-income and overall users when conducting a fare equity analysis for any Fare Changes.
FTA Circular 4702.1B defines disparate impact as a facially neutral policy or practice that disproportionately affects members of a group identified by race, color, or national origin, where the recipient’s policy or practice lacks a substantial legitimate justification and where there exists one or more alternatives that would serve the same legitimate objectives, but with less disproportionate effects on the basis of race, color, or national origin.
Disparate Impact Threshold
The Disparate Impact Threshold is defined as the impact of any Major Service Change or Fare Change that results in a Minority Population bearing Adverse Effects which are 20 percent more than the Adverse Effects borne by the non-minority population.
FTA Circular 4702.1B defines disproportionate burden as a facially neutral policy or practice that disproportionately affects Low-Income Populations more than non-low income populations. A finding of disproportionate burden requires the recipient to evaluate alternatives and mitigate burdens where practicable.
Disproportionate Burden Threshold
The Disparate Impact Threshold is defined as the impact of any Major Service Change or Fare Change that results in a Low-Income Population bearing Adverse Effects which are 20 percent more than the Adverse Effects borne by the non-low income population.
A Fare Change is defined as any increase or decrease of fares, whether applicable to the entire transit system, or on certain transit modes, or by fare payment type or fare media. The definition of Fare Change does not include instances where all passengers ride free, or to temporary fare reductions that are mitigating measures for other activities such as construction, or to promotional fare reductions, so long as the temporary fare reduction or promotional reduction does not last longer than six months. A Fare Change also does not include the introduction of new fare products or fare media where those new fare products or fare media are only being added to the Authority’s existing fare products or fare media versus replacing existing fare products or fare media.
FTA Circular 4702.1B defines low-income person as a person whose median household income is at or below the US Department of Health and Human Services poverty guidelines, and defines low-income population as any readily identifiable group of low-income persons who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient persons who will be similarly affected by a proposed FTA program, policy, or activity.
Major Service Change
A Major Service Change is defined by the Authority as:
addition or removal of a route;
addition or removal of a service day for a route;
Service changes that constitute an addition or reduction of more than 30% of the weekly trips, service hours, or service miles on a given route; or
adding or removing more than 2,500 annual hours of service on a given route.
Any service reduction necessitated by an emergency situation or construction activity expected to last less than one year in duration is excluded from the definition of a Major Service Change.
FTA Circular 4702.1B defines minority persons to include the following five groups: 1) American Indian and Alaskan Native, 2) Asian, 3) Black or African-American, 4) Hispanic or Latino, and 5) Native Hawaiian and Other Pacific Islander.
FTA Circular 4702.1B defines a Minority Population as any readily identifiable group of minority persons who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient populations who will be similarly affected by a proposed DOT program, policy, or activity.
DISPARATE IMPACT POLICY
The purpose of this policy is to establish protocols for determining whether a Major Service Change or Fare Change is borne disproportionately by Minority Populations. The Authority seeks to eliminate or minimize disparate impact upon a Minority Population as a result of a Major Service Change or Fare Change.
When a Major Service Change or Fare Change is proposed, the Authority will first define and analyze the Adverse Effects that may result from the proposed change. Upon identification of Adverse Effects, the Authority will prepare and submit a service equity analysis and/or fare equity analysis in accordance with the guidance set forth in FTA Circular 4702.1B as may be amended, for the purpose of determining whether the Major Service Change or Fare Change will have a Disparate Impact on the Minority Population. The analysis requires, utilizing the Disparate Impact Threshold, a comparison of Adverse Effects resulting from a Major Service or Fare Change as between the Minority Population and the non-minority population.
Depending upon the nature of the Major Service Change or Fare Change, the Authority may elect to establish comparison populations based upon either ridership data or the population data of a service area. Justification for selection of a ridership data comparison or a service area population comparison must be documented. When utilizing population data of a service area, the choice of a dataset shall be the smallest geographic area that reasonably has access to a transit stop or station. The Authority will document the techniques and technologies utilized to collect the ridership or population data utilized for the service equity analysis.
The equity or fare equity analysis will compare the existing service or fare to proposed changes and calculate the absolute change as well as the percent change. Utilizing the Disparate Impact Threshold, a determination will be made as to whether the Major Service Change or Fare Change will result in Adverse Effects that are disproportionally borne by the Minority Population.
If the analysis concludes that Disparate Impact will occur as a result of a Major Service Change or Fare Change, the change may be implemented only if (1) there exists a substantial legitimate justification for the proposed service change; and (2) there exists no alternatives that would have a less Disparate Impact on the Minority Population that would still accomplish the Authority’s legitimate program goals.
Should any proposed Major Service Change or Fare Change result in Disparate Impact, the Authority will consider modification of the proposed change to avoid, minimize or mitigate the Disparate Impact of such change. Once a modification has occurred to avoid, minimize or mitigate potential Disparate Impacts, the Authority will conduct an additional analysis to determine whether the modifications successfully corrected the potential Disparate Impact resulting from the changes. The Authority shall provide a meaningful opportunity for public comment on any proposed mitigation measures, including available less discriminatory alternatives, and Senior Management and Board of the Authority shall be briefed as to the outcome of the service equity analysis and/or fare equity analysis.
DISPROPORTIONATE BURDEN POLICY
The purpose of this policy is to determine whether or not Low-Income Populations will bear a Disproportionate Burden of a Major Service Change or Fare Change. While Low-Income Populations are not a protected class under Title VI, the analysis established under this policy is recognized as valuable for planning purposes.
When a Major Service Change or Fare Change is proposed, the Authority will first define and analyze the Adverse Effects that may result from the proposed change. Upon identification of Adverse Effects, the Authority will prepare and submit a service equity analysis and/or fare equity analysis in accordance with the guidance set forth in FTA Circular 4702.1B as may be amended, for the purpose of determining whether such planned changes will have a Disproportionate Burden on a Low-Income Population. The analysis, utilizing the Disproportionate Burden Threshold, requires a comparison of Adverse Effects resulting from a Major Service Change or Fare Change as between the Low Income Population and the non-low income population.
The equity or fare service analysis will compare the existing service or fare to proposed changes and calculate the absolute change as well as the percent change. Utilizing the Disproportionate Burden Threshold, a determination will be made as to whether the Major Service Change or Fare Change will result in Adverse Effects that are disproportionally borne by the Low-Income Population.
If the analysis concludes that Disproportionate Burden will occur as a result of a Major Service Change or Fare Change, the Authority will consider modification of the proposed change to avoid, minimize or mitigate Disproportionate Burden where practical, and the Authority should describe alternatives available to Low-Income Populations affected by the Major Service Change or Fare Change. The Authority shall provide a meaningful opportunity for public comment on any proposed mitigation measures, including available less discriminatory alternatives, and Senior Management and Board of the Authority shall be briefed as to the outcome of the service equity analysis and/or fare equity analysis.
Adopted via Board Resolution: 11/20/2015
Amended via Board Resolution: 12/8/2017
Riding with animals
Service animals assisting persons with disabilities are permitted on board all Port Authority vehicles. They must be controlled by their owner while on the vehicle. Service dogs in training are also permitted.
Additionally, any animal or pet enclosed in a container or carrier, provided it is small enough to be held by the passenger, is allowed on Port Authority vehicles.
Right To Know
In accordance with the applicable provisions of Pennsylvania's Right-to-Know Law, 65 P.S. § 67.101, et seq. (the "Law"), it is the policy of the Port Authority of Allegheny County (the "Authority") that the following procedures be followed for requests for records made pursuant to the Law:
1. All requests for records must be in writing, signed by the requester, along with his/her home address and telephone number. The Authority is required to provide a requester with access to a public record only if the requester is a legal resident of the United States or an agency thereof that requests a record pursuant to the Law.
2. All requests for public records of the Authority shall be specific in identifying and describing each public record requested. Requesters may use the sample request form available on the website of Pennsylvania's Office of Open Records, http://openrecords.state.pa.us/.
In no case shall the Authority be required to create a public record which does not exist or to compile, maintain, format or organize a public record in a manner in which the Authority does not currently compile, maintain, format or organize the public record.
3. All requests for public records of the Authority must be directed to the Authority's designated Open Records Officer, between the hours of 8:00 and 4:00 p.m., Monday through Friday (except holidays), as follows:
- Via hand delivery or first-class U.S. mail: Port Authority of Allegheny County, Heinz 57 Center, 345 Sixth Avenue, Third Floor, Pittsburgh, PA 15222-2527, Attention: Director of Legal and Consulting Services/Open Records Officer
- Via facsimile: 412-237-8765 Attention: Director of Legal and Consulting Services/Open Records Officer
- Via e-mail: MCetra@PortAuthority.org Re: Right-to-Know Request
The Authority will not accept oral or anonymous requests for records and reserves the right to reject all requests not directed to the Authority's designated Open Records Officer.
4. If a written request for records is granted, the following fees may be charged to the requester:
- Photocopying: 25 cents ( $0.25) per single sided page.
- Duplication of public electronic and/or tape records: actual cost.
- Postage: actual cost.
- Specialized Documents, including drawings, blueprints, or records requiring redaction: actual cost.
The Authority may, in its discretion, waive fees and will provide electronic responses if requested by the requester, to the extent feasible. In the event that the estimated cost of fulfilling a request submitted under the Law is expected to exceed one hundred dollars ($100.00), the Authority's designated Open Records Officer shall obtain fifty percent (50%) of the expected cost in advance of fulfilling the request to avoid an unwarranted expense impact on the Authority's resources. No copies of public records will be released, including by mail, without pre-payment of the fees designated above. All fees must be paid by check or money order made payable to "Port Authority of Allegheny County."
5. To the extent a requester seeks to inspect the public records of the Authority pursuant to the Law, the Authority will make its public records accessible for inspection during the Authority's regular administrative business hours in a place of the Authority's choosing and in the presence of a designated employee of the Authority. Under no circumstance will a requester be permitted to remove original public records of the Authority from the Authority's offices.
6. The Authority must provide a response to a request within five (5) business days of the receipt of a request, unless the Authority's designated Open Records Officer gives the requester written notice that additional time will be required to fulfill the request based on one or more specific conditions.
The circumstances in which the Authority may obtain an extension of time in which to provide a response are as follows:
- The request requires potential redaction of a public record.
- The request requires retrieval of a public record stored at an off-site location.
- A response within the five (5) business day period cannot be accomplished due to a bona fide staffing limitation (including those resulting from business disruptions caused by weather and other occurrences).
- A legal review is necessary to determine whether the record requested, in whole or in part, is subject to access under the Law.
- The requester has not complied with the Authority's policies regarding access to public records.
- The requester has not complied with a demand for prepayment of fees.
- The extent or nature of the request precludes a response within the required time period.
7. If all or part of a request for records is denied, appropriate notification will be provided as required under the Law, including the reason for the denial and the contact information for appealing the denial to Pennsylvania's Office of Open Records within fifteen (15) days of the mailing date of the Authority's designated Open Records Officer's denial to the requester.
8. The Authority reserves the right to amend or otherwise modify its Right-to Know Policy, without notice, to the extent changes in the Law make it necessary to do so and/or to otherwise comply with an Order of Court or directive/advisory opinion issued by Pennsylvania's Office of Open Records.
It shall be the policy of Port Authority of Allegheny County to accept advertising from third parties for posting in and on Port Authority vehicles (and any other property owned or controlled by Port Authority that it may choose to utilize for third party advertising), at rates set by Port Authority, in its sole discretion, with the objective of maximizing revenue while maintaining standards of decency and good taste without infringing on First Amendment rights of prospective advertisers. Accordingly, Port Authority will not accept advertisements that fall into any of the following categories:
- - Advertisements that are unlawful, misleading, libelous, slanderous, or fraudulent.
- - Advertisements that employ or commercially exploit the likeness, picture, image or name of any person, and/or the trademark, trade name, copyrighted materials or other intellectual property of a third party, without adequate proof of express written authorization.
- - Advertisements that glamorize, promote or depict images of sexual conduct, pornography, nudity, sexually-oriented goods or services or businesses that traffic in such goods or services; that appeal to prurient interests; or are otherwise obscene.
- - Advertisements that glamorize, promote or depict images of violence; conduct that is violent, criminal or otherwise illegal; or gore, including images of firearms, weapons, and dead or mutilated bodies, body parts, or fetuses (of humans or animals).
- - Advertisements that contain, employ, or imply profane or vulgar language;
- - Advertisements that suggest or otherwise tend to promote or encourage behavior or conduct on Port Authority’s transit vehicles or property that would cause potential harm or injury to Port Authority, its officers and employees, its contractors, or its patrons.
- - Advertisements that, if permitted, would subject Port Authority to the risk of civil or criminal liability.
- - Advertisements that promote or depict the sale or use of cigarettes or other tobacco products.
- - Advertisements that directly or impliedly disparage, threaten or ridicule any person or group of persons on the basis of race, religious beliefs or lack thereof, age, gender, sexual orientation, alienage, national origin, disability or illness.
- - Advertisements that promote the existence or non-existence of a supreme deity, deities, being or beings; that address or promote a specific religion, religious beliefs or lack of religious beliefs; that directly quote or cite to scriptures, religious texts or texts involving religious beliefs or lack of religious beliefs; or are otherwise religious in nature.
- - Advertisements that are political in nature or contain political messages, including advertisements involving political figures or candidates for public office, advertisements involving political parties or political affiliations, and/or advertisements involving an issue reasonably deemed by Port Authority to be political in nature in that it directly or indirectly implicates the action, inaction, prospective action, or policies of a governmental entity (such as advertisements involving abortion, gun control, gay marriage, or Marcellus Shale drilling). Nothing in this provision prevents Port Authority from accepting non-political public service announcements or messages that are not otherwise prohibited under this Advertising Policy.
- - Advertisements concerning products or services that appear to be false, misleading, deceptive or that involve illegal activity, including prostitution, illegal gambling, or the illicit sale of controlled substances.
- - Advertisements that are aesthetically inappropriate or otherwise appear unprofessional-looking in nature or presentation, that may be offensive to riders or that are reasonably determined not to be in good taste.
All third party advertisements appearing on Port Authority’s property must contain the following disclaimer: “The views and/or opinions expressed by the advertiser are not necessarily those of Port Authority.” This disclaimer shall appear in a consistent form and manner on all third party advertisements.
Port Authority’s Advertising Policy is intended to be an objective and enforceable standard for advertising that is consistently applied. It is also Port Authority's declared intent not to allow any of its Transit Vehicles or Property to become a public forum for dissemination, debate or discussion of issues that are political, religious, or otherwise prohibited under this Advertising Policy. Nothing in this Advertising Policy shall be interpreted or construed to prevent Port Authority from entering into co-sponsorship agreements with third parties relative to advertisements that Port Authority, in its sole discretion, deems supportive of public transit or otherwise in the best interest of Port Authority’s business operations.
Port Authority’s Advertising Policy shall be deemed adopted and effective as of the date stated below, and it shall apply to all proposed advertisements presented to Port Authority and/or advertising contracts entered into between Port Authority and a third party advertiser from said effective date forward. All prior policies of Port Authority concerning third party advertising on Port Authority transit vehicles or property, either written or oral, shall be deemed null and void as of the effective date of this Advertising Policy.
Disadvantaged Business Enterprise Policy
It is the policy of Port Authority of Allegheny County to ensure Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have the opportunity to receive and participate in Department of Transportation (DOT) assisted contracts. It is also our policy to ensure nondiscrimination in the award and administration of DOT assisted contracts. Port Authority's goals are: to create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; to ensure that the DBE program is narrowly tailored in accordance with applicable law; to ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; to help remove barriers to the participation of DBEs in DOT-assisted contracts; and to assist with the development of firms that can compete successfully in the marketplace outside the DBE program.
The DBE Contract Compliance Officer from the Office of Equal Opportunity will administer the DBE Program. In this capacity, the DBE Contract Compliance Officer is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority and requires the same compliance as with all other legal obligations incurred by Port Authority. All other divisions and departments will assist the DBE Contract Compliance Officer with implementing the policy.
Port Authority's Board of Directors has acted to improve upon the economic growth of the disadvantaged business enterprise community. Port Authority will persist in its commitment and efforts to seek opportunities to encourage increased participation.
The Port Authority Board of Directors hereby directs that this policy statement be circulated throughout the Port Authority and to socially and economically disadvantaged individuals, non-minority communities, and business organizations.
Revised February 2013
Title VI Discrimination Policy
Port Authority of Allegheny County hereby gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Act of 1964. Port Authority is committed to ensuring that no person is excluded from participation in, or denied the benefits of its services on the basis of race, color or national origin as protected by Title VI of the Civil Rights Act of 1964, as amended.
No person or group of persons shall be discriminated against with regard to the routing, scheduling or quality of transportation service furnished by Port Authority of Allegheny County on the basis of race, color or national origin. Frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes and location of routes may not be determined on the basis of race, color or national origin.
Any person who believes that they have, individually, or as a member of any specific class of persons, been subjected to discrimination on the basis of race, color or national origin may file a complaint with Port Authority. A complaint must be filed within 180 days after the date of the alleged discrimination.
Any person who requires additional information concerning this notice or believes that they have been subjected to discrimination and would like to file a complaint should provide written notice to the Port Authority Customer Service Department at either the address or website listed below:
Customer Service Department
Port Authority of Allegheny County
345 Sixth Avenue, 3rd Floor
Pittsburgh, PA 15222-2527
Addressing Port Authority's Board
The regularly scheduled and special meetings of Port Authority of Allegheny County’s (Port Authority) Board are open to the public at large in accordance with the applicable provisions of Pennsylvania’s Sunshine Act, 65 Pa. C.S.A. § 701, et seq.
There are times when the general public, representatives from various groups, organizations, agencies, institutions and governmental entities want to address the Board at its public meetings. The purpose of this policy is to ensure that these individuals and entities have a fair and reasonable opportunity to do so.
The general public is encouraged to bring questions, issues and/or problems to the attention of Port Authority's staff. If the issue is unable to be resolved at the staff level and a member of the general public wants to address the Board, the following procedures are to be used.
I. Making a Request to Address the Board
All requests to address the Board must be in writing and received at least five (5) business days prior to the date of the meeting at which the presenter wants to appear.
All requests must contain the following information:
The individual(s) name(s) and (if applicable) title and entity, organization,
and/or individuals represented;
The purpose and nature of the statement to the Board;
The number of additional individuals accompanying presenter and if they will be addressing the Board on behalf of an organization, their respective
name(s) and title(s); and
Mailing address, telephone number and e-mail address of presenter and/or organization represented.
The above information shall be provided to Port Authority in letter format or on the Request Form attached hereto and made a part hereof as Exhibit “A.” All such requests and information shall be submitted via hand delivery or via United States mail to the following address:
Port Authority of Allegheny County
Attention: Chairman of the Board
345 Sixth Avenue, Third Floor
Pittsburgh, Pennsylvania 15222-2527
In the alternative, requests may be submitted via facsimile to 412-566-5111, “Attention: Chairman of the Board” or electronically by accessing the following link on Port Authority’s website:
II. Rules Governing Presentation
Presentation to the Board shall be limited to three (3) minutes for an individual or five (5) minutes total for an organization where more than one member of the organization will make the presentation.
Presentation must be germane to work or concerns of Port Authority of Allegheny County.
Not more than two (2) individuals, representatives or members of any agency or organization may address the Board at any one meeting.
Due to time constraints, the Chairman, Board members and/or Port Authority staff will not answer question(s) during a presentation. The presenter may, however, direct specific questions to the Board, which questions must be written and submitted to the Chairman of the Board at the meeting. Responses may be prepared, as determined by the Board to be appropriate, and sent to the presenter as soon as practical after the
Any individual, representatives or members of an agency or organization
adhering to the above procedures will be permitted to address the Board.
The Chairman of the Board reserves the right to determine the appropriateness of the presentation, and to modify, alter or waive any of the aforementioned, to the extent permitted by law.
III. Amendments to Presentation Policy
Port Authority Legal and Public Relations staff are authorized by the Board to make any non-material amendments to the policy that may become necessary from time to time without further resolution of the Board (i.e., updating Port Authority’s mailing address and/or updating the website link for electronic requests). All material changes to the policy can only be made by further resolution of the Board.
ADOPTED BY BOARD RESOLUTION: October 24, 1986
AMENDED BY BOARD RESOLUTION: January 22, 2010
Charitable Sponsorship and Contribution Policy
Port Authority of Allegheny County is committed to supporting and providing the public transit needs of Allegheny County and its citizens and visitors, expanding and promoting business, development and other opportunities within Allegheny County and seeking to advance the region’s role as a world leader.
Port Authority’s goal is to be a public transit leader, supporting regional growth and prosperity by providing public transit services and by supporting and participating in the communities of Allegheny County. To further this goal, Port Authority will consider contributions and sponsorships with external organizations that directly and substantially relate to the operation of Port Authority and will advance our mission, vision and strategic goals.
Port Authority supports and participates in the communities that it serves through contributions and sponsorships to civic, education and non-profit programs, activities and events that:
• Directly and substantially relate to Port Authority’s public transit operations, mission and goals;
• Strengthen our community outreach efforts; and,
• Enhance Port Authority’s reputation for being a public transit and community leader.
We recognize that contributions for community or charitable purposes can provide a direct benefit to Port Authority and its transit operations and system through enhanced visibility and community acceptance, which is of intangible benefit to Port Authority.
This policy and guidelines set forth the principles and practices for Port Authority in evaluating and considering proposals for charitable sponsorships and/or contributions. The purpose of this document is to outline the policy, guidelines and processes that will be used to assess any sponsorship or contribution request received by Port Authority.
All requests for charitable in-kind or financial support must be made, in writing, a minimum of 30 days in advance of the requested support, to Port Authority’s Communications Officer, by completing the Charitable Sponsorship/Contribution Request Form.
Please review the guidelines below before you complete the Form. Sponsorship and Contribution Guidelines Port Authority will consider requests that are in the best interest of Port Authority, meet these guidelines, directly and substantially relate to Port Authority’s purpose and operations, and meet one or more of the following criteria:
• Nonprofit and community events that provide messaging and outreach specific to the purpose and goals of Port Authority and include activities such as events, programs, conferences or sessions on issues related to public transit.
• Educational programs and activities relating to Port Authority’s public outreach strategy or relating to career opportunities in the public transit industry.
• Economic development, tourism or other activities relating to Port Authority’s role in public transit, growing awareness of the public transit in Allegheny County, and increasing and improving public transit service.
• Requests that advance, and are consistent with, Port Authority’s overall mission, vision and strategic initiatives and strengthen the brand of Port Authority.
• Events, programs, conferences or sessions on issues that relate to, or promote, our service area.
Requests not eligible to receive charitable sponsorship or contributions include:
• Requests that do not meet these guidelines;
• Events, activities, or organizations that do not align with Port Authority’s mission, vision or goals;
• Requests for events or activities that could potentially harm the reputation of Port Authority;
• Individual / personal requests;
• Political organizations or candidates;
• Groups that discriminate on any basis as prohibited by federal, state, or local law;
• Groups that promote violence;
• Religious organizations, unless for general community benefit and not promoting any religious doctrine; or,
• For-profit entities or organizations.
Process to be considered for charitable sponsorship or contributions:
• All requests must be in writing, using the Charitable Sponsorship/Contribution Request Form, and directed to Port Authority’s Communications Officer for review and final approval.
Requests made by a Port Authority Division or employee must also be approved by the applicable Port Authority Assistant General Manager; Port Authority will only consider, and potentially grant, requests to government or non-profit, tax exempt 501(c)(3) organizations; The organization for which the request is made must have a demonstrated effective program performance in addition to financial responsibility and accountability; Requests must be made at least 30 days before the requested support; Only one donation request per organization per Port Authority’s fiscal year; and, All donation requests must be within Port Authority’s budget for the applicable fiscal year and within authorized limits.
All requests for contributions and sponsorships will be accepted or rejected in the sole discretion of Port Authority.
ADOPTED VIA BOARD RESOLUTION: March 24, 2018
Please print, fill out and return the Charitable Sponsorship/Contribution Request Form to:
Port Authority of Allegheny County
345 Sixth Avenue, Third Floor
Pittsburgh, PA 15222
or complete the following online form: https://www.surveymonkey.com/r/paacsponsor
Port Authority may use the information it collects for management and promotion of the ConnectCard program, Port Authority’s public transit operations and fare media and other participating regional transit agencies’ public transit operations and fare media. Port Authority
Information Collected During Your Visit to This Web Site
Port Authority is the sole owner of the information collected on this site, connectcard.org. Port Authority collects information from its customers at several different points on the web site. By using our services and accessing our web site, you are consenting to the information collection
We collect several different types of information on our site. We collect personal information, defined as information that can be used to identify you individually, such as your name, address, e-mail address and telephone number, only if you submit the information to order the various
Information in connection with (a) legal proceedings or contemplated legal proceedings that directly relate to such information, including but not limited to instances of fraud or suspected fraud and/or misuse of ConnectCard(s); or (b) in response to a warrant, subpoena or court order
specifically requesting such information; and (2) in cases involving threat of imminent harm to you or others, we may release such information to prevent or mitigate the threat. In any such case, we will seek to limit the scope of the disclosure and restrict such disclosures only to appropriate authorities, and will disclose only such Personal Information as is reasonably required to fulfill the purpose of the disclosure.
We automatically collect and store technical information about your visit to our site including: (1) the name of the domain and host from which you access the Internet; (2) the type of browser software and operating system used to access our site; (3) the date and time you access our site;
and (4) the pages you visit on our site. The technical information collected will not personally identify you.
The following information explains in more detail the different forms of personal and technical information and how we may collect and use that information.
We collect personal information in connection with the purchase and registration of ConnectCards, the purchase of ConnecTix and other goods and fare media sold through the ConnectCard program and from this site. We request information from the customer on order forms for the ConnectCard Program. A customer must provide contact information (such as name, e-mail and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill orders. If we have trouble processing an order, the information may also be used to contact the customer in an
attempt to resolve an order processing issue.
If you send us an e-mail with questions or comments or if you provide your e-mail address when ordering ConnectCard Program merchandise or fare media otherwise available on the site, or when registering a ConnectCard, we may use your e-mail address and other personal information included in your correspondence to improve the content of our web site or to respond to your correspondence. If you provide your e-mail address to receive notifications such as information concerning your ConnectCard account, we will only use your e-mail address to send you the type of information requested unless you agree to additional e-mail notifications from time to time. If you register your ConnectCard with Port Authority or another participating regional transit agency, certain e-mails concerning your ConnectCard account will be sent to you automatically.
Those e-mail notifications are described in the ConnectCard Program Terms and Conditions.
From time to time, Port Authority may conduct online surveys that customers will be invited to complete on a voluntary basis. Information collected through the surveys will only be used for the purpose of marketing or planning ConnectCard Program services unless you expressly agree otherwise.
A cookie is a small text file that a web site can place on your computer's hard drive in order, for example, to collect technical information about your activities on the site or to make it possible for you to use an online shopping cart to keep track of items you wish to purchase. The cookie
collected during your visit to this site for the purpose of facilitating your use of our site and for maintaining statistics concerning use of our site that will help us make improvements. Technical information collected by cookies will not be linked to your personal information.
We store technical information that we collect through cookies and log files to create a profile of our customers. The profile information is used to improve the content of the site, to perform a statistical analysis of use of the site and to enhance use of the site. Technical information stored
in a profile will not be linked to your personal information.
Notification of Changes
are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
How to Contact Us
Notice of Effective Date
Effective Date of this version of ConnectCard™ Program Privacy Statement: July 1, 2016.
ConnectCard™ Terms and Conditions
The ConnectCard is Port Authority of Allegheny County’s electronic fare media for use at bus fareboxes, light rail vehicle fareboxes, light rail station entrances, the Monongahela Incline and eventually other ancillary services and uses on Port Authority’s public transit system and the systems of participating regional public transit agencies. It utilizes smart card technology to load, store and use all types of Port Authority (and other participating regional transit agencies’) fare products including full fare (weekly, monthly, annual and stored value) and half fare (10-trip and stored value) products. The ConnectCard replaces flash-pass based fare products such as monthly flash passes and trip tickets.
The Terms and Conditions constitute your ConnectCard Agreement and shall apply to all activity with respect to the use of the ConnectCard.
Please read the Terms and Conditions carefully and keep a copy for your records. These terms and conditions may be updated by Port Authority at any time and for any reason, without notice, so it is important that you check these Terms and Conditions regularly for changes.
Balance Protection and Replacement
Proper registration and activation of your ConnectCard entitles you to Balance Protection. With Balance Protection, the value on your card will be transferred to a replacement card at the time Port Authority (or other participating regional transit agency) is properly notified by you that your card is lost or stolen. Port Authority reserves the right to charge a non-refundable replacement fee for the replacement of a ConnectCard. If you have not registered your ConnectCard for Balance Protection, the value remaining on the lost/stolen/damaged card will not be available for transfer to a replacement card if lost or stolen. Any replacement fee for a new ConnectCard that Port Authority may charge will apply to both registered and nonregistered ConnectCards.
Effective January 1, 2017, Port Authority will charge a $1.00 fee for both new and replacement ConnectCards. This fee may be subject to further adjustment in the future, at Port Authority’s sole discretion and upon providing reasonable notice to the public of any further planned adjustments in this fee.
Information required for ConnectCard registration includes your full legal name, street address and phone number, as well as providing answers to security questions that will enable verification of your identity. In order to register your card to receive Balance Protection, you must provide Port Authority with this information to validate identity and to replace value if your card is lost, stolen, damaged, malfunctions or is otherwise defective. You must inform Port Authority of any changes to required information in order to maintain the privileges of Balance Protection.
If your ConnectCard is lost or stolen, you must notify Port Authority immediately by calling Port Authority’s Customer Service Line at 412- 442-2000. The Customer Service Department operates Monday through Friday between the hours of 6:00 a.m. to 7:00 p.m. and between the hours of 8:00 a.m. to 4:30 p.m. on weekends and holidays. The TTY phone number for hearing-impaired and speech-impaired customers is 412-231-7007. You may also visit Port Authority’s Downtown Service Center currently located at 534 Smithfield Street, Downtown Pittsburgh. The Downtown Service Center is open to the public Monday through Friday between the hours of 7:30 a.m. to 5:00 p.m. At the time of reporting a ConnectCard lost or stolen, you may also request that a replacement ConnectCard be provided to you for pick-up at the Downtown Service Center. The remaining balance on the lost, stolen, damaged, malfunctioning or defective ConnectCard will be transferred to a replacement ConnectCard by Downtown Service Center personnel.
Once you notify Port Authority that your ConnectCard is lost, stolen, damaged, malfunctioning or defective, your ConnectCard will be deactivated and it will no longer be accepted in Port Authority’s fare collection system. Once your ConnectCard is deactivated, it may not be reactivated or used again; you will need to obtain a replacement ConnectCard and have the remaining balance or fare products from that card transferred to a replacement card by Port Authority. You will be financially responsible for any rides taken or stored value depleted through the use of your lost or stolen ConnectCard until you properly notify Port Authority (including a three day period post-reporting for completion of pending transactions at the time of reporting) that your ConnectCard is lost, stolen or damaged. You will not be financially responsible for unauthorized use of your lost or stolen ConnectCard following the three day waiting/processing period after you properly report your card missing. Damaged, malfunctioning or otherwise defective cards should be returned to Port Authority.
IMPORTANT NOTE: Customers should not delete blocked, lost or stolen ConnectCards from their web accounts until:
1. The customer calls the Customer Service Department to block their card;
2. A replacement card is issued by the Customer Service Center;
3. The customer linked their new card to their web account.
4. The final stored value balance has been transferred to the new card.
Deleting a ConnectCard from a customer’s account before the above steps are completed could result in the customer’s loss of remaining stored value on the lost or stolen ConnectCard because deletion before these steps are taken removes Port Authority’s ability to look up the lost or stolen card number to verify the remaining stored value eligible for transfer.
Initially, ConnectCard will be free with the purchase and loading of a fare product or stored value onto a ConnectCard. However, Port Authority reserves the right to charge a fee for a ConnectCard at its sole discretion and upon providing reasonable notice to the public of its intention to do so.
Effective January 1, 2017, Port Authority will charge a $1.00 fee for both new and replacement ConnectCards. This fee may be subject to further adjustment in the future, at Port Authority’s sole discretion and upon providing reasonable notice to the public of any further planned adjustments in this fee.
Fare Products Available to a ConnectCard Customer
Any standard Port Authority fare product that was available under the old “flash pass” system is now available to load onto a ConnectCard including: 1. Stored Value: Load a cash value onto a ConnectCard, as the equivalent to the flash pass based paper ten-trip ticket books. The card functions similar to a debit card. Applicable fares or fees are deducted each time you present the card for use at fare collection points and eventually other ancillary services and uses on Port Authority’s public transit system and the systems of participating regional public transit agencies. The maximum cash balance that can be stored on a ConnectCard is $200.00. Stored Value can be used to pay Port Authority bus, light rail and incline fares; stored value on a ConnectCard can now also be utilized to pay fares and take rides on participating regional transit agency partner systems. Value placed on a ConnectCard is not redeemable for cash. Stored value goes dormant on a ConnectCard after two (2) years of inactivity; however, a ConnectCard can be reactivated at any time by visiting Port Authority’s Downtown Service Center.
2. Period-Based Passes: You may load a calendar weekly, monthly or annual pass product on the ConnectCard. These Period-Based Passes allow for unlimited rides for the time period selected and purchased.
3. Transfers: If you choose to pay your fare with stored value, you will be entitled to a bus- to-bus, bus-to-rail, rail-to-bus, bus-to-Mon Incline and rail-to-Mon Incline (and vice versa) transfer valid for three (3) hours from the time that the first fare is paid for the then applicable transfer fee set by Port Authority. The transfer will be electronically encoded onto your ConnectCard. You will not be issued a separate paper or magnetic transfer. If you are using a period-based pass, you are entitled to an unlimited number of rides within the validity period; encoded transfers are not necessary as long as the period-based pass is valid. You may load any combination of fare products described above onto a single ConnectCard. For example, you may load $20 in stored value and also load either a weekly or monthly pass onto the same card. At any one time, a ConnectCard may contain stored value, one active periodbased fare product and one pending period-based fare product. Upon presentation at a fare collection point, the system will check for and process the active period-based fare product first. If there are no active period-based fare products available on a ConnectCard, the system will then deduct the appropriate fare from the stored value balance on the card.
*NOTE: Half-fare ConnectCards are available for eligible individuals.
**NOTE: Port Authority now has a ConnectCard just for children known as the Kids Reduced Fare ConnectCard or Kids ConnectCard. The new Kids ConnectCard is for children ages 6-11 and enables them to ride the bus, T or Mon Incline for half fare. This card may also be loaded with Stored Cash Value (up to $200); a 10-Trip Pass or a weekly or monthly pass at Port Authority’s applicable Half-Fare rates. Information for parents and legal guardians on applying for a Kids ConnectCard is available by visiting the Downtown Service Center or calling Port Authority’s Customer Service Line at 412- 442-2000. Kids ConnectCards automatically expire on the child’s 12th birthday, at which time the expired Kids ConnectCard can be exchanged for a full fare ConnectCard with any remaining Stored Value transferred onto the full fare ConectCard at that time.
*** ADDITIONAL NOTES:
- ConnectCards are strictly non-transferable.
- ConnectCards remain the property of Port Authority or the participating regional transit authority that issued the ConnectCard.
- ConnectCards are valid only on vehicles and facilities at Port Authority or other participating regional transit authorities.
- Value loaded on a ConnectCard is non-refundable.
- Unauthorized use of a ConnectCard, including attempts to produce or utilize a counterfeit card, is punishable by applicable law.
- Do not bend or punch holes in your ConnectCard.
Where to Obtain or Reload a ConnectCard
1. Ticket Vending Machines (TVMs): ConnectCards may be loaded with value or available fare products at TVMs located throughout Port Authority’s public transit system, including select busway and light rail station locations, as well as a TVM located in Port Authority’s Downtown Service Center. All fare products, except for annual period-based passes, are available to load on a ConnectCard, including stored value and period-based passes. Effective January 1, 2017, you will also be able to purchase a new ConnectCard out of the TVM.
2. Downtown Service Center: ConnectCards may also be obtained and loaded with value or available fare products at Port Authority’s Downtown Service Center. The location and hours of operation of the Service Center are noted above.
3. Giant Eagle and Other Retail Outlets: Port Authority partners with a network of third party retailers that are authorized to distribute and load ConnectCards with value and/or available fare products, including Port Authority’s primary retail sales partner, Giant Eagle, which operates more than forty (40) ConnectCard retail locations throughout Allegheny County. Additionally, Port Authority partners with various other non-Giant Eagle retail partners throughout Allegheny County that are also authorized to distribute and load ConnectCards with value and/or available fare products. In the first quarter of calendar year 2017, Port Authority also plans to expand ConnectCard retail outlets to include Goodwill locations across Allegheny County. Additional information concerning the availability of ConnectCards at Goodwill locations will be available on Port Authority’s website at www.portauthority.org.
4. Web Site: You can also load/reload value and/or available fare products onto a ConnectCard online at www.connectcard.org. Effective January 1, 2017, you will also be able to order new ConnectCards online utilizing a customer web portal.
Using Your ConnectCard
The balance remaining on your card may be checked at any of the TVMs located throughout Port Authority’s public transit system, at Port Authority’s Downtown Service Center or at any of the locations of Port Authority’s retail sales partners.
Values contained on multiple ConnectCards may not be combined to pay a single fare.
Misuse of your ConnectCard, such as inserting it into the fare collection equipment of non-Port Authority transit partners, inserting it into an ATM or similar devices, and/or punching a hole in or tearing the card may invalidate your card. Port Authority reserves the right to inspect your ConnectCard any time for damage and abuse. It is your responsibility to maintain your ConnectCard in good, functional condition.
Each individual will be required to have his or her own ConnectCard to enter/exit the system. It is not possible, and is indeed prohibited by Port Authority, to pass back a card and deduct multiple trips for multiple riders.
We reserve the right to correct the balance of your ConnectCard if we believe that a technical or accounting error has occurred. If you have any disputes or issues with your ConnectCard, please contract Port Authority’s Customer Service Department or visit the Downtown Service Center. You will be issued a ConnectCard Inquiry Form. Please follow the instructions for completing this form and either submit by mail or in person at Port Authority’s Downtown Service Center. An investigation will be undertaken and disputes will be resolved within ten (10) business of receipt of completed form, absent extenuating circumstances requiring additional time to resolve a dispute.
Termination of ConnectCard
Port Authority may terminate use of your ConnectCard for fraud, misuse or violations of any policies or rules for utilizing Port Authority’s public transit system and services. Upon such termination, Port Authority may deactivate use of your ConnectCard or request surrender of your card.
PORT AUTHORITY, ON BEHALF OF ITSELF, OTHER PARTICIPATING REGIONAL TRANSIT AGENCIES AND PORT AUTHORITY’S OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY WITH MODELS OR SAMPLES. YOU AGREE TO INDEMNIFY AND HOLD PORT AUTHORITY HARMLESS FROM AND AGAINST ANY AND ALL DAMAGE, LOSS, COST, EXPENSE OR LIABILITY RELATING TO, ARISING FROM OR AS A RESULT OF YOUR USE OF YOUR CONNECTCARD.
No Waiver of Sovereign Immunity
Nothing in this Agreement, or Port Authority’s sale or operation of ConnectCard or related fare media or public transit services, shall be deemed or implied to be a waiver of Port Authority’s sovereign, governmental or other privileges or defenses available to Port Authority at law or equity. Rather, Port Authority expressly reserves the rights, privileges and immunities afforded to it as a government agency and agency and arm of the Commonwealth of Pennsylvania organized and existing pursuant to the Second Class County Port Authority Act, as amended.
The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect.
Port Authority reserves its right to change these Terms and Conditions at any time without advance notice. If we decide to change our terms and conditions, we will post the new terms and conditions at our Downtown Service Center and on our web site as soon as possible.
No Representations as to Future Fare Structure or Fees
ConnectCard is a type of fare media and does not entitle the user to a specific fare price or fare program. Port Authority reserves the right to increase fares and the cost and structure of fare programs and fare media made available to the general public in accordance with applicable law.
Use of the ConnectCard is subject to all applicable tariffs, terms, conditions, rules, regulations, policies and procedures.
Fare Policy/Structure Controls
To the extent these ConnectCard Terms and Conditions are inconsistent with any portion of Port Authority’s Board-adopted Fare Policy/Fare Structure; the Fare Policy/Structure is deemed controlling and takes precedence over these ConnectCard Terms and Conditions.
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Venue shall lie in Allegheny County, Pennsylvania.
Notice of Effective Date Effective Date of this version of ConnectCard™ Terms and Conditions: January 1, 2017.
ConnecTix™ Terms and Conditions
These Terms and Conditions constitute the ConnecTix Agreement and apply to all transactions and purchases that utilize ConnecTix. Please read the Terms and Conditions carefully and print a copy for your records.
Intended Use of ConnecTix
The ConnecTix is a heavy paper stock ticket that utilizes smart card technology to load, store and use certain types of Port Authority fare products. The ConnecTix will fail with repeated use and normal wear and tear, so care should be taken to store and use it properly. If you are a regular Port Authority or other participating regional transit agency customer, you are strongly encouraged to obtain a ConnectCard, Port Authority’s extended use, plastic smart card, to take advantage of a wider selection of Port Authority fare products, including Balance Protection. The limited use ConnecTix functions like cash and does not provide for replacement in the event the card is lost, stolen or damaged.
*NOTE: All ConnecTix are strictly non-transferable.
Fare Products Available to a ConnecTix Customer
ConnecTix can be utilized for ten trip ticket, weekly and single trip fare products. A ConnecTix loaded with value can be utilized within thirty (30) days of activating the card during first use at a fare collection point.
Effective January 1, 2017, a Day Pass fare product will also be available on ConnecTix. Day Passes will be valid on all Port Authority transit vehicles from the time of purchase and activation until the end of the applicable Port Authority service day the subject Day Pass is purchased on.
If you require multiple fare products, such as period-based passes and stored value, on the same fare media, you must obtain a ConnectCard extended use smart card.
Using your ConnecTix
ConnecTix may be presented at fare collection points and eventually other ancillary services and uses on Port Authority’s public transit system and the systems of participating regional public transit agencies.
Misuse of your ConnecTix, such as inserting it into the fare collection equipment of non-Port Authority transit partners, inserting it into an ATM or similar devices and/or punching a hole in or tearing it may invalidate your card. Port Authority reserves the right to inspect your ConnecTix at any time for damage and abuse. It is your responsibility to maintain your ConnecTix in good, useable condition for the limited period of time it is intended to function. Each individual will be required to have their own ConnecTix to enter/exit the system. It is not possible, and is indeed prohibited by Port Authority, to pass back a card and deduct multiple trips for multiple riders.
ConnecTix Not Subject to Loss or Damage Replacement
Lost or damaged ConnecTix will not be replaced. Treat the ConnecTix as you would treat cash. If you require Balance Protection, please obtain a ConnectCard and then register for Balance Protection immediately.
If you have any disputes or issues with your ConnecTix, please contact Port Authority’s Customer Service Department or visit the Downtown Service Center. You will be issued a ConnectCard Inquiry Form. Please follow the instructions for completing this form and either submit by mail or in person at Port Authority’s Downtown Service Center. An investigation will be undertaken and disputes will be resolved within two (2) weeks of receipt of completed form.
Termination of ConnecTix
Port Authority may terminate use of your ConnecTix for fraud, misuse or violations of any policies or rules for utilizing Port Authority’s public transit system and services. Upon such termination, Port Authority may deactivate use of your ConnecTix or request surrender of your card.
PORT AUTHORITY, ON BEHALF OF ITSELF, OTHER PARTICIPATING REGIONAL TRANSIT AGENCIES AND PORT AUTHORITY’S OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY WITH MODELS OR SAMPLES. YOU AGREE TO INDEMNIFY AND HOLD PORT AUTHORITY HARMLESS FROM AND AGAINST ANY AND ALL DAMAGE, LOSS, COST, EXPENSE OR LIABILITY RELATING TO, ARISING FROM OR AS A RESULT OF YOUR USE OF YOUR CONNECTIX.
No Waiver of Sovereign Immunity
Nothing in this Agreement, or Port Authority’s sale or operation of ConnecTix or related fare media or public transit services, shall be deemed or implied to be a waiver of Port Authority’s sovereign, governmental or other privileges or defenses available to Port Authority at law or equity. Rather, Port Authority expressly reserves the rights, privileges and immunities afforded to it as a government agency and agency and arm of the Commonwealth of Pennsylvania organized and existing pursuant to the Second Class County Port Authority Act, as amended.
The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect.
Port Authority reserves its right to change these Terms and Conditions at any time without advance notice. If we decide to change our terms and conditions, we will post the updated version at our Downtown Service Center and on our web site as soon as possible.
No Representations as to Future Fare Structure or Fees
ConnecTix is a type of fare media and does not entitle the user to a specific fare price or fare program. Port Authority reserves the right to increase fares and the cost and structure of fare programs and fare media made available to the general public in accordance with applicable law.
Use of a ConnecTix is subject to all applicable tariffs, terms, conditions, rules, regulations, policies and procedures.
Fare Policy/Structure Controls
To the extent these ConnecTix Terms and Conditions are inconsistent with any portion of Port Authority’s Board-adopted Fare Policy/Fare Structure, the Fare Policy/Structure is deemed controlling and takes precedence over these ConnecTix Terms and Conditions.
Notice of Effective Date Effective Date of this version of ConnecTix™ Terms and Conditions: January 1, 2017.
The Port Authority of Allegheny County (the “Authority”) recognizes the value public art can offer in enhancing the transit environment, encouraging ridership, improving the perception of transit, enhancing community livability, improving the customer experience, deterring vandalism, and increasing safety and security. With acknowledgement of the unique benefits public art can provide for public transit, the Authority will consider and support the installation of art on Designated Art Space (as defined herein) meeting the requirements of this Policy and any other guidelines or procedures administratively issued by the Chief Executive Officer consistent with this Policy.
This Policy may be amended, suspended, revoked, or otherwise modified or terminated at any time within the sole discretion of the Authority and its Board and subject to all applicable laws.
PURPOSE: To establish a policy to facilitate the process for review, consideration and approval of the installation and presentation or deaccession of art on the Authority’s Designated Art Space.
Art or Artwork: When used in this Policy, the term “Art” or “Artwork” means a creative expression by a third-party artist presented in media visual form with the exception of live performances. Live performances are defined to mean when the artist or others, on behalf of the artist, are presenting to an audience on location.
Art Project(s): An artist’s defined scope of services, which includes but is not limited to development of a design and implementation of an Artwork in the Authority’s Designated Art Space.
Agreement: A written, legally binding document. “Agreements” when used in this document refer to written contracts between the Authority and a third-party holding rights to the art permitted to be installed in the Authority’s Designated Art Space.
Deaccession and Deaccessioning: Removal of an artwork from the Authority’s Designated Art Space.
Designated Art Space: Space on real property, transit vehicles or other physical assets owned and/or controlled by the Authority and deemed by the Authority, in its sole discretion, an appropriate location for the installation and presentation of art. Designated Art Space shall not include revenue-generating advertising space; space where the Authority posts its own public communications; or locations being actively utilized for Authority management authorized employee-generated projects such as, for example, holiday bus decorations, during the time that the subject locations are in use for Authority management authorized employee-generated projects.
Permanent Artwork: Art installed in a manner intended to be long-term in nature, which for purposes of this Policy means greater than one (1) calendar year and acquired by Port Authority through a competitive or other lawful solicitation process.
Site: A specific location within the Authority’s Designed Art Space.
Site-Specific Artworks: Stand alone or discrete Artworks that are specific to the site in which they are located, and which are generally fabricated and installed as part of the Artist contract or scope of services.
Temporary Artwork: Art installed in a manner intended to be temporary in nature, which for purposes of this Policy means less than one (1) calendar year, and any artwork proposed by an external party to be installed in the Authority’s Designated Artspace that was not sought by the Authority via a competitive solicitation or other lawful solicitation process.
The Authority supports the presentation of art in its system as a means to achieve its goal of enhancing the rider experience by creating safer and more welcoming transit environment. Public art in the transit system will enhance the perception of public transit and the Authority.
∙ Provide a better experience and environment for individual riders through improved aesthetics of existing properties
∙ Beautify and connect to neighborhoods around the Authority’s property
∙ Engage with the communities in which the Authority operates
∙ Support the creation and presentation of public art and the work of artists
∙ Promote quality art which captures the attention and imagination of the public
- Staff Member—Appointed by Authority’s Chief Executive Officer
- Facilitates and supports art in compliance with this Policy within the Authority.
- Assists in the daily administration and implementation of art programs including the identification of art opportunities, liaison with artists, budget management, facilitation of Arts Committee meetings and Artwork contract negotiations and administration.
- Provides an annual report as well as updates, as requested, to the Authority’s Board or applicable Committee of the Authority’s Board. At a minimum, this annual report will include a list of current Artwork – both permanent and temporary – installed in the Authority’s Designated Art Space, new Artwork contracts entered into over the prior year and any Artwork deaccessioned during the prior year.
- Ensures compliance with the Authority’s Arts Policy and any guidelines or procedures administratively issued by the Chief Executive Officer consistent with this Policy
- Port Authority of Allegheny County Arts Committee (Arts Committee)
- Provides advice and assistance to the Authority regarding all permanent artwork. Assistance includes:
- Identification of opportunities for integration of art into the Authority’s system
- Review of and recommendations regarding proposed art
- Recommendations on deaccession of art.
- Conducts regularly scheduled meetings to consider Temporary Artwork applications in accordance with Temporary Art Program Guidelines.
- Provides advice and assistance to the Authority regarding all permanent artwork. Assistance includes:
- Chief Executive Officer
- Shall consider the Arts Committee’s recommendations as to permanent artwork installation and presentation.
- Approves membership of the Arts Committee consistent with this Policy’s requirements for membership.
- Designates Senior Management representatives and other Port Authority personnel to assist in compliance with and implementation of this Policy and guidelines adopted in accordance with same.
Sites for Artwork
The Authority must approve all Sites for Art within Authority’s Designated Art Space. Art will be pursued and allowed wherever it is deemed feasible and in the best interest of the Authority. Sites and art installations shall not interfere with the operations of the Authority or the access, movement, and/or safety of transit users/the general public. Safety, design, material, operation, and space concerns may prevent various locations from being acceptable for art installation.
The Existing Collection
- The Authority has existing art within its system facilities. This existing art will continue to be maintained and recognized as a valuable asset to the Authority.
- Artwork acquired prior to this Policy will adhere to the original terms of acquisition.
- The Authority reserves the right, in its sole discretion, to deaccession existing artwork from its collection.
The Authority will add new permanent artwork to its Designated Art Space only through two processes:
- Authority-initiated projects.
- At the Authority’s discretion, a process to commission or purchase artwork for designated sites.
- Public solicitation for proposals for art projects will occur through a competitive selection process consistent with all applicable laws and the Authority’s Board-adopted Limits of Authority Policy. In unique situations and only if permitted by applicable procurement requirements and other laws, the Authority will consider alternative selection processes.
- The solicitation process will identify desired standards as well as terms and the selection process.
- Authority initiated permanent artwork projects will follow the terms established in this Policy and Permanent Art Program Guidelines administratively issued by the Chief Executive Officer consistent with this Policy.
- Externally Led projects
- Any projects not initiated by the Authority through a competitive solicitation or other lawful procurement process shall be deemed Temporary Artwork and reviewed in accordance with Temporary Art Program Guidelines to be administratively issued by the Authority’s Chief Executive Officer.
- Prohibitions and Limitations
- The authority will not accept memorials or monuments of any kind.
- The authority will not accept gifts of artwork.
- The authority will not accept cultural artifacts.
Port Authority of Allegheny County Arts Committee
- Advisory Committee Only
- The Arts Committee shall be solely advisory in nature and shall have no authority to negotiate for or commit the Authority in any respect to any art project or art acquisition.
- The Arts Committee will be comprised of four employees of the Authority and up to three outside art and design professionals. The following membership shall constitute the Arts Committee:
- Four employee representatives including the employee designated to administer the Authority’s Arts Program; a representative from the Communications Division; a representative from the Planning Division; and a representative from the Operations Division.
- Up to three art and design professionals from the Allegheny County region recommended by the Office of Public Art at the Greater Pittsburgh Arts Council.
- Membership must be approved by the Authority’s Chief Executive Officer.
- The Arts Committee will be comprised of four employees of the Authority and up to three outside art and design professionals. The following membership shall constitute the Arts Committee:
- Terms of Membership
- The term of membership shall be for three years, and no member may serve more than two terms consecutively. Should a vacancy occur prior to the end of the member’s scheduled term, the Authority’s Chief Executive Officer shall appoint a replacement for the non-expired term. Members who have served previous full terms may return after a three-year break in service.
- Permanent Artwork
- The Arts Committee shall provide recommendations to the Chief Executive Officer consistent with this Policy and Permanent Art Program Guidelines administratively issued consistent with this Policy.
- Temporary Artwork
- The Arts Committee shall provide recommendations to the Chief Executive Officer consistent with this Policy and Temporary Art Program Guidelines administratively issued consistent with this Policy.
- The Arts Committee will also provide the Authority with advice regarding:
- best practices in the fields of visual arts
- opportunity for integrating artwork into the Authority’s system
- identification of eligible and qualified artists with whom the Authority may contract for creation of specific works of art
- development of commissioned pieces of public artwork
- maintenance and conservation of displayed public artworks
- acquisition and deaccession of displayed public artwork
- development of the Authority’s art programs
- budgets and fundraising for the Authority’s art projects.
- Permanent Artwork
- Conflict of Interest
- Committee members must declare a conflict of interest when monetary gain in fact or perception could occur as a result of their participation on the Arts Committee. Committee members must abstain from discussion and voting on projects where such a conflict exists. Artists and other art professionals serving on the Arts Committee shall not be eligible to have their proposals considered for Authority-initiated art projects or programs during their tenure on the Committee nor for the ensuing 12 months from the end of their term.
- Committee members that are employees of the Authority shall also be subject at all times to the requirements of Port Authority’s Board-adopted Standard of Conduct Policy for Employees.
- Staffing: The Authority shall appoint one staff member to oversee the daily administration of and the facilitation of all meetings of the Arts Committee.
- Consistency with guidelines and advertising policy
- All Art must comply with the content standards set forth in the Authority’s administratively issued Permanent Artwork and Temporary Artwork Guidelines.
- All Art must also comply with the Authority’s Board-adopted Advertising Policy, as may be amended from time to time in the Authority Board’s sole discretion, which prohibits certain subject matters in order to maintain a safe, welcoming, and view-point neutral environment for the Authority’s employees and patrons.
- Ownership and Licensing
- All artwork commissioned, purchased, accepted, or allowed by the Authority will be under full ownership of the Authority. The artist will be required to grant the Authority the right to royalty-free, perpetual license to use any depictions of the artwork for use in any publication and release any and all ownership interests or other rights in the Artwork to Authority, including but not limited to any rights or claims under the federal Visual Artists Rights Act.
- The artist will be credited in all publications as well as at the Site of the Artwork.
- The Authority will not be held liable for any damages or disrepair which occurs to the artwork prior to installation, after installation, during the life of the Artwork, or during removal.
- The Agreement for artwork will include details regarding the procurement of insurance that must be maintained during the entire period of the performance of the Agreement.
- Types and amounts of required insurance will be listed in the Agreement.
- The Port Authority of Allegheny seeks to provide the highest form of safety for its system and those who use it. For this purpose, every Artwork must maintain or improve current safety conditions and also adhere to all safety restrictions. Any Artwork deemed unsafe for riders, Authority personnel, the general public, or the artist will be appropriately removed or prohibited.
- Any new art being constructed, created, or installed on Authority property by an artist, artist staff, or third party will require a signed license agreement, including release and indemnification requirements, prior to any installation or other work occurring on the Authority’s property.
- Media Guidelines
- All artist media outreach regarding artwork installation and presence must be coordinated with the Authority and may not be published without the Authority’s prior written approval.
- Deaccessioning of Artwork
- Deaccessioning, or the formal procedure for the withdrawal of an artwork from a public collection, will take place in accordance with the Guidelines for Deaccessioning of Artwork, which will be administratively issued by the Chief Executive Officer consistent with this Policy.
ADOPTED BY PORT AUTHORITY OF ALLEGHENY COUNTY BOARD RESOLUTION: APRIL 1, 2021
EFFECTIVE DATE: APRIL 1, 2021