Faregate Renovation Expenses

Grant Colby filed this request with the Washington Metropolitan Area Transit Authority of Washington, DC.
Tracking #

22-0314

Status
Completed

Communications

From: Grant Colby

To Whom It May Concern:

Pursuant to the DC Freedom of Information Act, I hereby request the following records:

-Amount invested into new Faregate equipment installation since May 2021.
-Number of new Faregate installations since they have moved to the new model in Summer 2021
-Number of broken faregates in May 2021.

In order to help to determine my status to assess fees, you should know that I am an affiliate of HIPS DC and will be using this information for internal analysis.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Grant Colby

From: Washington Metropolitan Area Transit Authority

The Washington Metropolitan Area Transit Authority (WMATA) has received your request for records. More information on the PARP/Privacy process is available on line at: https://www.wmata.com/about/records/

From: Washington Metropolitan Area Transit Authority

The Washington Metropolitan Area Transit Authority (WMATA) has received your request for records. More information on the PARP/Privacy process is available on line at: https://www.wmata.com/about/records/

From: Washington Metropolitan Area Transit Authority

To Whom It May Concern:

The Washington Metropolitan Area Transit Authority (WMATA) acknowledges your December 16, 2022 Public Access to Records Policy (PARP) request regarding WMATA's faregate equipment. Specifically, you requested the following:

1. "Amount invested into new Faregate equipment installation since May 2021.
2. Number of new Faregate installations since they have moved to the new model in Summer 2021
3. Number of broken faregates in May 2021."

Please be advised that WMATA is an interstate compact agency created by the Commonwealth of Virginia, State of Maryland, and the District of Columbia, and not a federal agency. See Pub. L. No. 89-774, 80 Stat. 1324 (1966); Va. Code Ann. § 33.2-3100; Md. Code Ann., Transp. § 10-204; D.C. Code Ann. § 9-1107.1). Accordingly, WMATA is not subject to the Freedom of Information Act (FOIA). Therefore, your request will be processed pursuant to WMATA's PARP.[1]

Clarification Required for Your Request

Please be advised that Part 2 of your request does not specify the timeframe for "Summer 2021." PARP § 7.5 requires requesters to "describe the records that are being requested in sufficient detail to enable WMATA to locate them with a reasonable amount of effort." Please provide a specific timeframe by close of business, Monday, January 30, 2023, or Part 2 of your request will be closed.

GENERAL INFORMATION:

Although we are not yet able to provide any responsive records, we can impart the following general information regarding your request:

Time Period for Processing Requests

WMATA generally aims to respond to a request for records within 20 business days following receipt of the request. WMATA processes requests in the order that requests are received. Furthermore, additional processing time is required for requests that prove to be complex, as is the case here.

Please be advised that your request may include records submitted to WMATA by a third party, which requires us to contact the third party to identify confidential and proprietary information. WMATA will not release any records until it has had the opportunity to consult with the third party and received appropriate feedback.

Exemptions

The PARP provides exemptions for certain types of data, including: (1) information that could compromise WMATA infrastructure or security; (2) information that is solely related to the internal personnel rules and practices; (3) information that is exempt by statute; (4) proprietary commercial or financial information; (5) intra-agency and inter-agency memoranda information which would not be made available by law to a party in litigation with WMATA; (6) information that, if released, would cause a clearly unwarranted invasion of personal privacy; (7) certain information compiled for law enforcement purposes; (8) registered SmarTrip® information; and (9) customer financial information. Generally, WMATA's response will not include any exempt information.

Processing Fees

The PARP also provides for the assessment of fees associated with a request that requires more than two hours of staff time to process. These fees are calculated at the employees' basic rate of pay, plus an additional 50 percent to cover benefits, for the time spent responding to a request. In general, a request is considered an agreement to pay all applicable fees. Advance payment is required where the fees are likely to exceed $250.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any questions, please contact Benjamin Rashbaum at brashbaum@wmata.com<mailto:brashbaum@wmata.com> or 202-962-1926.

[1] The PARP can be found on WMATA's website at https://www.wmata.com/about/records/public-records.cfm<https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.wmata.com%2Fabout%2Frecords%2Fpublic-records.cfm&data=05%7C01%7CRDNoh%40wmata.com%7Cf106629fcf374d6e6ed608daf24f081e%7Cad5836f40d7443cd83c57e69eaa67915%7C0%7C0%7C638088718496927242%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7C%2BADG97KkMvytD992a3%2FXhdZpQHgRu6MMLRflyTseI%3D&reserved=0>, under the section marked "Legal Affairs."

Sincerely,

Michael Ferrari
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Michael B. Ferrari
Associate Counsel
Washington Metropolitan Area Transit Authority
300 7th Street, SW
Washington, D.C. 20024
O: (202) 962-2646
C: (202) 689-9031
MBFerrari@wmata.com<mailto:MBFerrari@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

________________________________

[1] The PARP can be found on WMATA's website at https://www.wmata.com/about/records/public-records.cfm<https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.wmata.com%2Fabout%2Frecords%2Fpublic-records.cfm&data=05%7C01%7CRDNoh%40wmata.com%7Cf106629fcf374d6e6ed608daf24f081e%7Cad5836f40d7443cd83c57e69eaa67915%7C0%7C0%7C638088718496927242%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7C%2BADG97KkMvytD992a3%2FXhdZpQHgRu6MMLRflyTseI%3D&reserved=0>, under the section marked "Legal Affairs."

From: Grant Colby

Hello,

Thank you for notifying me to amend the request.

If still available, for part two the date range should be May 1st, 2021 to January 1st, 2023 or the latest available date

Thank you,
Grant Colby

From: Washington Metropolitan Area Transit Authority

Dear Mr. Colby:

The Washington Metropolitan Area Transit Authority (WMATA) now provides the final response to your December 16, 2022, Public Access to Records Policy (PARP) request regarding WMATA's faregate equipment. Specifically, you requested the following:

1. "Amount invested into new Faregate equipment installation since May 2021.
2. Number of new Faregate installations since they have moved to the new model in Summer 2021
3. Number of broken faregates in May 2021."

Your request was processed pursuant to the PARP, which is available online at https://www.wmata.com/about/records/public-records.cfm under the section marked "Legal Affairs."

Previous Decision

In our January 13, 2023, correspondence, WMATA required that you clarify Part 2 of your request. On February 21, 2023, you clarified that the timeframe for Part 2 of your request is May 1, 2021, to January 1, 2023.

Decision

Please find attached the following records responsive to your request (10 pages total):

1. Part 1 - STraffic America Payment Confirmations 5-21-21 to 1-1-23 (1 page);
2. Part 2 - FQ18152 Faregates Status Report 1-9-23 (4 pages); and
3. Part 3 - Work Orders Related to Inoperable Faregates for May 2021 (5 pages).

There are no redactions. Please note that additional information (including the scope of work) regarding the contract related to the Payment Confirmations can be found in the relevant solicitation documents available online at https://www.wmata.com/business/procurement/solicitations/Solicitation-Details.cfm?solicitation_id=3709.

Processing Fees

WMATA spent 2 hours of staff time processing your request. Accordingly, pursuant to PARP § 8.5, the processing fees are waived.

Appeal Rights

If you wish to appeal WMATA's decision, in accordance with PARP § 9.1, you may file a written appeal of the action with the Executive Vice President, External Relations (or designee) at PARP_Appeal@wmata.com<mailto:PARP_Appeal@wmata.com>, within 30 business days of the date of this decision letter. Further details about our appeals process can be found on our website.

Future correspondence should reference the request number noted in the subject line of this correspondence. If you have any questions, please contact me at BRashbaum@wmata.com<mailto:BRashbaum@wmata.com> or 202-962-1926. If I am unavailable, you may contact Richard Noh at RDNoh@wmata.com<mailto:RDNoh@wmata.com> or 202-962-2569.

Sincerely,

Benjamin Rashbaum

Attachments

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Benjamin Rashbaum
Senior Counsel II
Legal Department
300 7th Street, SW
Washington, DC 20024
P: 202-962-1926
F: 202-962-2550
E: BRashbaum@wmata.com<mailto:BRashbaum@wmata.com>

This transmission is intended only for the proper recipient(s). It is confidential and may contain attorney-client privileged information or information prepared in anticipation of litigation. If you are not the proper recipient, please notify the sender immediately and delete this message. Any unauthorized review, copying, or use of this message is prohibited.

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