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;
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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
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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.
SECTION II
LOSSAN Agency AGREES:
1. To include Rail 2 Rail riders as part of the Pacific Surfliner on -board survey to learn more about
customer behavior with regard to the Program as an aid to helping determine the Program' s
future.
2. To work cooperatively with NCTD and AMTRAK to support this Program.
3. LOSSAN reserves the right to terminate this AGREEMENT with sixty ( 60) -days notice in the
event of material changes to its legislative appropriation, budgetary, or monetary conditions.
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SECTION III
AMTRAK AGREES:
1. To accept, at no additional cost to the rider, fare media from COASTER riders for travel on
AMTRAK operated Pacific Surfliner trains and AMTRAK operated buses listed in Appendix A,
within the trip limits of the COASTER fare.
2. To work with in earnest with NCTD and the LOSSAN Agency to develop a system for AMTRAK to
capture station travel patterns for AMTRAK boardings with COASTER fare media.
3. To make mutually agreed upon COASTER station stops on no less than six ( 6) designated
AMTRAK operated Pacific Surfliner trains as agreed to by all PARTIES and shown in Appendix A.
4. To send to NCTD, no later than twenty ( 20) days after the last day of the month, an invoice
stating the amount to be reimbursed to AMTRAK pursuant to Section 1( 3) above including
supporting documentation. The documentation shall include a separate count of COASTER
ticketed passengers who rode AMTRAK operated Pacific Surfliner trains, including supporting
documentation showing the number of tickets honored by train number and by date upon which
the ticket was honored.
5. Revenue from COASTER fares shall be collected by NCTD and will remain as full compensation
to NCTD.
6. To reimburse NCTD for each Pacific Surfliner ticketed passenger traveling on NCTD COASTER
trains within the trip limits of the AMTRAK fare media the amount shown under Reimbursement
Rate in Appendix A. This amount will be offset by the amount shown under Reimbursement Rate
in Appendix A for each NCTD COASTER ticketed passenger using NCTD COASTER fare media
traveling on AMTRAK operated Pacific Surfliner trains within the trip limits of the NCTD
COASTER fare media.
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7. To work in earnest with NCTD and the LOSSAN Agency to sustain a safe and secure environment for
customers and staff onboard both the COASTER and AMTRAK operated Pacific Surflinertrains
operating under this AGREEMENT.
SECTION IV
MUTUAL AGREEMENT:
1. A PARTY seeking to withdraw from or terminate this AGREEMENT shall provide the other
PARTIES at least sixty ( 60) days written notice of its desire to withdraw from the AGREEMENT. If
such notice is given, the AGREEMENT shall cease to be binding on the PARTIES after sixty ( 60)
days. Reasons for cancellation by LOSSAN Agency, NCTD, or AMTRAK may include, but are not
limited to, the following: a) The Program has caused overcrowding on any AMTRAK operated
Pacific Surfliner train or NCTD COASTER train; and/ or b) Program has caused safety issues
between on the corridor between San Diego and Oceanside; and/ or c) The Program has caused
or will cause loss of revenue to the AMTRAK operated Pacific Surfliner trains or NCTD
COASTER trains; and/ or d) Amtrak operated Pacific Surfliner service is reduced or NCTD
reduces COASTER weekday service; and/ or e) NCTD reduces or eliminates COASTER weekend
service.
2. The PARTIES agree to jointly coordinate and approve all Program marketing efforts. The
LOSSAN Agency and NCTD will work cooperatively to market the Program and may develop a
joint marketing plan. Contingent upon the availability of funds, the LOSSAN Agency and NCTD
will develop the budget and funding to market the Program. Marketing efforts may include the
development and distribution of joint timetables and other collateral materials, and the
development and implementation of value added development and distribution of joint timetables
and other collateral materials, and the development and implementation of value added
promotions for participants in the Program.
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3. The AGREEMENT will be reviewed by LOSSAN Agency, NCTD, and AMTRAK twice yearly
during the first week of February and August, in order to facilitate any adjustments need to be in
place by the respective schedule changes in April and October. During these meetings the
PARTIES' train service identified in Appendix A shall be evaluated to determine that the selected
schedules have adequate capacity to support Pacific Surfliner and COASTER riders under this
Program. Passenger utilization of COASTER stations under this Program shall be evaluated to
determine that passenger use justifies the additional schedule time to serve those stations.
4. NCTD' s COASTER and AMTRAK operated Pacific Surfliner fare recovery per trip shall be
reviewed twice a year consistent with the schedule review and fare recovery rate will be adjusted
as necessary to the current COASTER average fare per boarding from the most recent annual
Comprehensive Annual Financial Report ( CAFR).
5. The PARTIES agree that this AGREEMENT will be suspended during the week of Thanksgiving,
from Monday through Sunday, the Thursday through Sunday of Comic -Con, and Thursday
through Sunday of the opening weekend of the Del Mar Horse Racing Season. All PARTIES
agree that any other special event dates requiring this AGREEMENT to be temporally suspended
will be accomplished by 30 days prior written notice to NCTD by LOSSAN Agency and AMTRAK
or to LOSSAN Agency and AMTRAK by NCTD. In the event the Rail 2 Rail AGREEMENT is
suspended, the requesting PARTY will furnish a final copy press release that is ready for public
distribution and which communicates the specifics of the Rail 2 Rail AGREEMENT suspension.
6. No payment due hereunder shall be withheld, delayed, reduced or set off against any other
payment due, owing or claimed between the PARTIES hereto with respect to other agreements
between the PARTIES.
7. The PARTIES agree that this AGEEMENT will be modified to increase or decrease AMTRAK
operated Pacific Surfliner trains included in the Rail 2 Rail AGREEMENT if the PARTIES
collectively determine that need and availability for AMTRAK operated Pacific Surfliner trains
requires modification.
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8. In contemplation of the provisions of California Government Code Section 895. 2 imposing certain
tort liability jointly upon public entities solely by reason of such entities being parties to an
agreement, as defined in Government Code Section 895, each of the PARTIES hereto, pursuant
to the authorization contained in Government Code Sections 895. 4 and 895. 6, will assume the full
liability imposed upon it or any of its officers, agents or employees by law for injury caused by any
negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the
same extent that such liability would be imposed in the absence of Section 895. 2 of such code.
To achieve this purpose, each PARTY agrees to indemnify and hold harmless the other PARTIES
for any cost or expense that may be imposed upon such other PARTIES solely by virtue of said
Section 895. 2. The provisions of Civil Code Section 2778 are made a part hereof as if
incorporated herein. The PARTIES agree that for purposes of risk apportionment associated with
injuries occurring in the performance of this AGREEMENT, AMTRAK operated Pacific Surfliner
passengers riding COASTER trains pursuant to this AGREEMENT shall be deemed COASTER
passengers and the liability provisions contained in the Agreement between North San Diego
County Transit District Development Board and National Railroad Passenger Corporation, dated
October 1, 1994 (" AMTRAK- NCTD Intercity Agreement") shall apply. COASTER passengers
riding AMTRAK operated Pacific Surfliner trains pursuant to this AGREEMENT shall be deemed
AMTRAK Pacific Surfliner passengers and the liability provisions contained in the AMTRAK-
NCTD Intercity Agreement shall apply.
9. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit
of the successors and assigns of LOSSAN Agency, NCTD, and AMTRAK. No third party
beneficiaries are intended.
10. The term of this AGREEMENT shall be for one ( 1) years, commencing August 1, 2016 and
expiring July 31, 2017.
11. The PARTIES, prior to the expiration of the AGREEMENT, may exercise an option to extend the
AGREEMENT, for up to two ( 2) additional one ( 1) - year terms. Request to exercise an option
Page 7 of 14 ATTACHMENT 8A
shall be submitted by written notice to LOSSAN Agency, NCTD, and AMTRAK, and is contingent
upon approval by each PARTY. Should the option to extend be approved, the Reimbursement
Rates will be in accordance with the most current Reimbursement Rate in Appendix A, unless
otherwise agreed by the PARTIES. This AGREEMENT may be modified, or amended, in writing
upon mutual agreement of the PARTIES. All modifications, amendments, changes and revisions
of this AGREEMENT in whole or part, and from time to time, shall be binding upon the PARTIES,
so long as the same shall be in writing and executed by LOSSSAN Agency, NCTD, and
AMTRAK.
12. In the interest of providing reliable service to all corridor passengers, NCTD and AMTRAK agree
to provide operational mutual aid to each other during periods of service emergency and/ or
interruption within the Oceanside to San Diego corridor, subject to the mutual agreement of the
managers at the time. Such mutual aid may take the form of one operator carrying the other' s
passengers, stopping at the other's stations, or other similar forms of mutual aid. The PARTIES
agree that if such mutual aid is provided, the liability provisions in Section IV, paragraph 7 of this
AGREEMENT shall be applicable. In the event the provision of mutual aid results in added costs,
any costs will be borne by the PARTY receiving such aid.
13. LOSSAN Agency, NCTD, and AMTRAK shall retain all accounting records pertaining to the
Program and shall open said accounting records to inspection and audit by representatives of
LOSSAN Agency, NCTD, and AMTRAK for a period of three ( 3) years following payment of any
invoice.
14. The article and section headings in this AGREEMENT are for convenience only and shall not be
used in its interpretation or be considered part of this AGREEMENT.
15. The execution and delivery of this AGREEMENT by each PARTY and the consummation of the
transactions contemplated hereby are within the power of each PARTY and have been duly
authorized by all necessary actions of each PARTY.
Page 8 of 14 ATTACHMENT 8A
16. This AGREEMENT contains the entire understanding between the PARTIES and supersedes any
prior written or oral understandings and agreements between them regarding the subject matter
of this AGREEMENT. There are no representations, agreements, arrangements or
understandings, oral or written, between the PARTIES relating to the subject matter of this
AGREEMENT, which are not fully expressed herein. This AGREEMENT was drafted by all
PARTIES and ambiguities shall not be construed against any one PARTY.
17. In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be
invalid, void or unenforceable, such part shall be deemed severed from the remainder of the
AGREEMENT and the balance for the AGREEMENT shall remain in effect.
18. The PARTIES hereby consent to submit any and all disputes arising out of this AGREEMENT to
non- binding arbitration. In the event arbitration is unsuccessful, any action brought to interpret or
enforce any term of the AGREEMENT will be brought in a court of competent jurisdiction within
the State of California.
19. This AGREEMENT shall be construed and interpreted under the laws of the State of California. If
any action is brought to interpret or enforce any term of this AGREEMENT, the action shall be
brought in a court of competent jurisdiction within the State of California.
20. Any correspondence or notice related to this AGREEMENT shall be sent by registered or certified
US Mail, return receipt to the address and addressee. The representatives of the PARTIES who
are primarily responsible for the administration of this AGREEMENT, and to whom notices,
demands and communications shall be given are as follows:
For LOSSAN Agency: Jennifer L Bergener LOSSAN Rail Corridor Agency 600 S. Main Street Orange, CA 9863
Michael Litschi LOSSAN Rail Corridor Agency 600 S. Main Street Orange, CA 92863
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For AMTRAK: Tamika Smith National Railroad Passenger Corporation 530 Water Street, 5th Floor Oakland, California 94607
For NCTD: Matthew O. Tucker North County Transit District 810 Mission Avenue Oceanside, CA 92054
Ryan Bailey North County Transit District 810 Mission Avenue Oceanside, CA 92054
If there are any changes in the above names and/ or addresses, any PARTY shall give a written notice to the other PARTIES within five ( 5) days of such change.
21. The AGREEMENT may be executed in one or more counterparts and may include multiple
signature pages, all of which shall be deemed to by one instrument. Copies of this
AGREEMENT will be used in lieu of the original.
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IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed and attested by their duly -qualified and authorized officials.
LOSSAN RAIL CORRIDOR AGENCY
Dated: By:
Jennifer L Bergener, Managing Director
Approved as to Form:
By:
James Donich, General Counsel
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IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed and attested by their duly -qualified and authorized officials.
NATIONAL RAILROAD PASSENGER CORPORATION
Dated: By:
L. Jay Commer, Sr. Vice President/ Gen Mgr.
Approved as to Form:
By:
Robin A. McCarthy
Amtrak Law Department
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IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed and attested by their duly -qualified and authorized officials.
NORTH COUNTY TRANSIT DISTRICT
Dated: By:
Matthew O. Tucker, Executive Director
By:
Ryan Bailey, Chief Financial Officer
Approved as to Form:
By:
Lori A. Winfree, General Counsel
Page 13 of 14 ATTACHMENT 8A
Appendix A
Effective August 1, 2016
List of Trains in this Program
The six AMTRAK operated Pacific Surfliner trains serving COASTER ticketed passengers under this Rail 2 Rail Program are:
567, # 573, # 595, # 784, # 790/# 1790 and # 796.
List of Buses in this Program
Amtrak Thruway Bus # 5811
Additional Station Stops
The additional COASTER station stops are Carlsbad Village, Carlsbad Poinsettia, Encinitas, Sorrento Valley, and Old Town.
Rate of Reimbursement
NCTD and LOSSAN Agency, through AMTRAK, agree to reimbursement of $ 4. 51 for each passenger traveling on AMTRAK operated Pacific Surfliner trains and AMTRAK operated buses or COASTER trains within the trip limits of the AMTRAK Pacific Surfliner or COASTER fare media.
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