In Substantially the Same Form As the Existing Rail 2 Rail MOU A

Agenda NORTH COUNTY Item # TRANSIT DISTRICT jr 8 STAFF REPORT AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING TO CONTINUE THE RAIL 2 RAIL PROGRAM Time Sensitive OX Consent OX STAFF Authorize the Executive Director to finalize and execute a memorandum of RECOMMENDATION: understanding ( MOU) in substantially the same form as the existing Rail 2 Rail MOU after review and approval by General Counsel to continue the Rail 2 Rail program for one ( 1) additional one ( 1) year term expiring August 1, 2017 in an amount not -to -exceed $ 575, 300. BACKGROUND On August 1, 2013, NCTD entered into an MOU with Amtrak and CALTRANS INFORMATION: for continuation of the Rail 2 Rail program between Oceanside Transit Center OTC) and San Diego Santa Fe Depot on the San Diego subdivision. This service, which commenced operations in October 2013, provides additional service to NCTD COASTER customers outside peak hours, and increases flexibility for Amtrak customers to take a first train option. The service is provided under the following guidelines of the MOU. Rail 2 Rail Program — FY 2014 to Present: Amtrak stops six trains at all eight train stations between OTC and Santa Fe Depot. o Southbound departure from OTC to Santa Fe Depot at: 7: 00 p. m. 9: 24 p. m. 11: 53 p. m. o Northbound departure from Santa Fe Depot to OTC at: 8: 20 a. m. 10: 42 a. m. 9: 00 P. M. Passengers may use any valid COASTER fare ( single ride, round trip, day pass, or monthly pass) to board the six identified Amtrak trains. Passengers may use valid Amtrak fare ( single ride or monthly pass) to board any scheduled COASTER train. Amtrak conductors count the number of passengers with valid COASTER fares on Amtrak trains, and bill NCTD at the COASTER revenue per passenger rate of $ 4. 51 per passenger counted. NCTD code enforcement officers count the number of passengers with valid Amtrak fares on COASTER trains, and bill Amtrak at the COASTER revenue per passenger rate of $ 4. 51 per passenger counted. June 16, 2016 Board Meeting Staff Report No.: SR -16- 06- 008 Offering these six Amtrak trains to COASTER fare holders allows for increased use of available passenger rail capacity on the San Diego subdivision at minimal additional cost. The cost of placing six additional COASTER trains into service would total approximately $ 2. 8 million annually. For NCTD, this Rail 2 Rail program effectively increases service levels by six trains to COASTER customers at an annual cost of 84% less than operating additional trains, or a cost of approximately $ 447, 630. Since October 2013, the cost of the Rail 2 Rail Program to NCTD has ranged from 9% to 15% of the traditional cost to provide this level of service. FY 2014 ( October 2013 — June 30, 2014) 0 56, 274 boardings o $ 241, 000, or 9% of additional train cost FY 2015 0 97, 856 boardings o $ 418, 824, or 15% of additional train cost FY 2016 ( Projected) o 96, 362 boardings o $ 412, 429, or 15% of additional train cost FY 2017 ( Budget) o 99, 253 boardings o $ 447, 630, or 16% of additional train cost To date, this Rail 2 Rail program has proven to be a cost efficient and effective model for NCTD to increase service levels for COASTER customers, while also increasing service effectiveness for Amtrak as ridership increased through use of existing passenger rail capacity. Amtrak, CALTRANS, LOSSAN and NCTD have determined that continuation of this Rail 2 Rail program is in the best interest of the Parties and customers in the region. Staff recommends that the Board authorize the Executive Director to finalize and execute a memorandum of understanding ( MOU) in substantially the same form as the existing Rail 2 Rail MOU after review and approval by General Counsel to continue the Rail 2 Rail program for one ( 1) additional one ( 1) year term expiring August 1, 2017 in an amount not -to -exceed $ 575, 300. ATTACHMENT: 8A — Cooperative Agreement Between Los Angeles — San Diego — San Luis Obispo Rail Corridor Agency, North County Transit District, and National Railroad Passenger Corporation For Continuation Of The Rail 2 Rail Program r;t61d_ 101 Td7Toa The fiscal impact of this staff report is not -to -exceed $ 575, 300 over one ( 1) year. The Rail 2 Rail services are included in the FY 2017 proposed operating budget with non - Federal Transit Administration ( FTA) grant funds and operating revenues from account 160. 508164, which has an FY 2017 budget of $ 575, 300 525, 300 for boardings and $ 50, 000 for security measures). If the Board approves this staff report, the balance of this account will be reduced to $ 0. Rail 2 Rail services for future fiscal years have been accounted for in the five year outlook, and will be budgeted accordingly in the future years operating budgets if the program is continued. COMMITTEE REVIEW: None STAFF CONTACT: Ryan Bailey, Chief Financial Officer E - ma IbU- yU i -2823 Approved and/ or authorized by the ardo' ors of the North County Transit June 16, 2016 Board Meeting Agenda Item No.: Staff Report No.: SR -16- 06- 008 DistJriccttByVJerk / Date, ATTACHMENT 8A COOPERATIVE AGREEMENT BETWEEN LOS ANGELES — SAN DIEGO — SAN LUIS OBISPO RAIL CORRIDOR AGENCY, NORTH COUNTY TRANSIT DISTRICT, AND NATIONAL RAILROAD PASSENGER CORPORATION FOR CONTINUATION OF THE RAIL 2 RAIL PROGRAM This Cooperative Agreement (" AGREEMENT"), is made and entered into on , 2016, by and between the Los Angeles — San Diego — San Luis Obispo Rail Corridor Agency (" LOSSAN Agency"), the NORTH COUNTY TRANSIT DISTRICT (" NCTD"), a public agency existing under the laws of the State of California, pursuant to California Public Utility Code Sections 125000, et seq., and the National Railroad Passenger Corporation (" AMTRAK"), a corporation organized under the Rail Passenger Service Act recodified at 49 U. S. C. § 24101 et. seq. and the laws of the District of Columbia and having its principal office and place of business in Washington, D. C., and ( LOSSAN Agency, NCTD and AMTRAK are each sometimes referred to herein as a " PARTY" and collectively referred to as " PARTIES"): RECITALS WHEREAS, the LOSSAN Agency is a joint powers authority as amended pursuant to Senate Bill 1225 Chapter 802, Statutes of 2012); WHEREAS, NCTD was created and exists pursuant to the North San Diego County Transit Development Board Act ( California Public Utility Code Section 125, 000 et seq.) to plan, construct and operate public transit systems within the northern portion of San Diego County. The commuter railroad portion of NCTD is hereafter called " COASTER"; WHEREAS, in California, AMTRAK operates state -supported intercity passenger train service along the Los Angeles — San Diego — San Luis Obispo ( LOSSAN) rail corridor; this service is known as the Pacific Surfliner ( Service); WHEREAS, the LOSSAN Agency has assumed administrative and management responsibility for the Service as of July 1, 2015, and subsequent agreements for AMTRAK to operate the Service will be under contract of the LOSSAN Agency; Page 1 of 14 ATTACHMENT 8A WHEREAS, within NCTD commuter rail operating territory, the Service operates between NCTD' s Oceanside Station to the north and NCTD' s San Diego — Santa Fe Depot Station to the south, on rail rights of way over which NCTD also operates COASTER commuter rail service; WHEREAS, LOSSAN Agency, NCTD, and AMTRAK, desire to continue the Rail 2 Rail program Program") which authorizes AMTRAK and NCTD to accept certain tickets issued from each of their respective passenger rail services. In particular, COASTER ticketed passengers are permitted to ride any AMTRAK operated Pacific Surfliner train or AMTRAK operated bus listed in Appendix A, within the trip limits of their ticket. Similarly, AMTRAK Pacific Surfliner riders using monthly pass can ride any COASTER service within the trip limits of their ticket for no additional charge to the rider. In addition, NCTD and AMTRAK desire to continue a mutual aid agreement with this AGREEMENT. AGREEMENT NOW, THEREFORE, in consideration of the promises and mutual understandings of the PARTIES hereto, LOSSAN Agency, NCTD, and AMTRAK agree as follows: SECTION I NCTD AGREES: 1. To accept, at no additional cost to the rider, AMTRAK Pacific Surfliner fare media for travel on COASTER service within the trip limits of the AMTRAK fare media. 2. To work in earnest with AMTRAK and the LOSSAN Agency to develop a system for AMTRAK to capture station travel patterns for AMTRAK boardings with COASTER fare media. 3. To send to AMTRAK, no later than twenty ( 20) days after the end of each month, a report stating the number of passengers using AMTRAK fare media who traveled on COASTER trains during that month. Each report shall contain supporting documentation, which includes the number of tickets counted by COASTER service conductors or Fare Enforcement Officers. Said Page 2 of 14 ATTACHMENT 8A documentation shall be sorted by date and factored up by the ratio of total tickets counted compared with total daily ridership on the trains as reported by the conductors. All reports will be copied to the LOSSAN Agency. 4. To reimburse AMTRAK for each COASTER ticketed passenger traveling on AMTRAK operated Pacific Surfliner trains and AMTRAK buses within the trip limits of the COASTER fare media the amount shown under Reimbursement Rate in Appendix A, and adjusted every twelve months as defined in Section IV, paragraph 4. This amount will be offset by the same Reimbursement Rate for each passenger using AMTRAK fare media traveling on COASTER trains within the trip limits of the AMTRAK fare media. 5. Within thirty ( 30) days of receipt of an invoice, NCTD shall remit payment to AMTRAK the full amount due. 6. To work in earnest with AMTRAK and the LOSSAN Agency to sustain a safe and secure environment for customers and staff onboard both the COASTER and AMTRAK operated Pacific Surfliner trains operating under this AGREEMENT.

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