MINUTES OF REGULAR BOARD MEETING OF SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY JUNE 27, 2019
The Regular Meeting of the Board of the Southeastern Pennsylvania Transportation Authority was held on Thursday, June 27, 2019 at 3:06 PM, in the Board Room of the Authority, with the Chairman in the Chair.
Attending the meeting were the following Board Members:
Pasquale T. Deon, Sr., Chairman Thomas E. Babcock, Vice Chairman Joseph E. Brion, Esquire Michael A. Carroll, P.E. Robert D. Fox, Esquire Honorable Stewart J. Greenleaf Kevin L. Johnson, P. E. (via telephone) John I. Kane Obra S. Kernodle, IV (via telephone) Honorable Kenneth Lawrence Honorable Charles H. Martin
Present from the staff:
Jeffrey D. Knueppel - General Manager Richard G. Burnfield - Deputy General Manager/Treasurer Gino Benedetti, Esquire - General Counsel Stephen A. Jobs - Controller Carol R. Looby - Secretary Stephanie Deiger - AGM, Employee Development Relations Kim Scott Heinle - AGM, Customer Experience & Advocacy Francis E. Kelly - AGM, Government & Public Affairs Scott A. Sauer - AGM, Operations Robert L. Lund - AGM, Engineering, Maintenance & Construction
Mr. Deon called the Regular Meeting of the Board to order. He said the Special Meeting, which was noticed, was cancelled. Mr. Deon announced that Kevin Johnson and Obra Kernodle would be participating by phone.
The Pledge of Allegiance was observed.
Mr. Deon announced that the Board met in Exe cu ti ve Session just prior to the meeting to discuss legal matters. He stated that if there were speakers who wished to address agenda items they would be called before the Board voted on the item and asked that they limit their remarks to two minutes. He said speakers wishing to address items not on the agenda would be called after the regular business of the Board was completed. Minutes of Regular Board Meeting June 27, 2019
Approval of Minutes
Mr. Deon entertained a Motion regarding the Minutes of the May 23rct Regular Board meeting, which had been circulated. Mr. Carroll moved, Mr. Babcock seconded, and the Minutes were unanimously approved.
Mr. Johnson acknowledged his presence.
Financial Report
Mr. Burnfield reported for the month of May, revenue and subsidies were below budget by $1. 2 million and expenses were over budget by $1.1 million due to higher material and services expenses.
Mr. Burnfield reported that for the month there was a month there was a deficit of $2.3 million and year-to-date there was a surplus of $1.7 million.
Mr. Deon entertained a Motion to adopt the Financial Report. Commissioner Martin moved, Commissioner Lawrence seconded and it was unanimously adopted.
The May Financial Report is received and filed and is attached to these Minutes as Exhibit "A."
Mr. Deon then called for speakers wishing to address agenda items. There was no response.
Consent Calendar
Mr. Deon then presented the Consent Calendar, which consisted of:
"Renewal of Blanket Railroad Protective Liability Insurance with Aspen Insurance Company;"
"Award of Contracts Pursuant to Request for Proposal;"
"Supplemental Reimbursement Agreement Between SEPTA and Pennsylvania Department of Transportation Pertaining to the Reconstruction of Richmond Street and Related Elements as Part of the State Route 95, Section AFl Project;"
"Fiscal Year 2020 Annual Service Plan;"
"Acquisition of Permanent Easements and Temporary Construction Easements from Private Property Owners and Lower Merion Township in Connection with the Phase 1 Improvements at Ardmore Station Project Located in Lower Merion, Montgomery County;"
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"Authorization to Award Contracts for Various Procurements;"
"Award of Contracts for Sole Source Procurements;"
and
"Authorization to Execute Change Orders and Amendment."
Mr. Deon stated that all of the items on the Consent Calendar were reviewed by the appropriate Board Committees in public session. He then entertained a Motion to adopt the Resolutions. Mr. Babcock moved, Commissioner Lawrence seconded and the following Resolutions were unanimously adopted.
I.A. RENEWAL OF BLANKET RAILROAD PROTECTIVE LIABILITY INSURANCE WITH ASPEN INSURANCE COMPANY
"WHEREAS, railroad protective liability ("RRP") insurance insures a railroad against property damage and personal injury claims that arise out of construction that is performed on or within 50 feet of the railroad's right-of-way; and
WHEREAS, when SEPTA performs work, through contractors, on rights-of-way that National Railroad Passenger Corporation ("Amtrak") and/ or CSX Transportation ( "CSXT") owns, SEPTA is contractually required to provide RRP insurance which protects Amtrak and/or CSXT; and
WHEREAS, in 2018 SEPTA purchased from Aspen Insurance Company ("Aspen") three RRP insurance policies, one in which only SEPTA is the named insured, another in which SEPTA and Amtrak are named insureds and another in which SEPTA and CSXT are named insureds; and
WHEREAS, the three RRP insurance policies will expire on August 1, 2019 at a combined expiring premium of $208,258; and
WHEREAS, the Risk Management Advisory Committee (RMAC) solicited the RRP Program extensively with a 2. 67 % increase of project exposures from various carriers for the same terms and conditions as the expiring policies; and
WHEREAS, the quote by Aspen provided the most competitive premium for renewal of the three policies and removed the minimum project premium of $2,000, at an annual premium total of $220,692 for the period of August 1, 2019 through August 1, 2020, based upon estimated project costs for work performed on or within 50 feet of the railroad; and
WHEREAS, the Risk Management Advisory Cammi ttee and staff requested that the General Manager recommend that the Board authorize SEPTA to renew with Aspen the RRP insurance under the
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terms and conditions that are set forth above and more fully described in the pertinent staff summary; and
WHEREAS, the General Manager made the recommendation to the Board.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to obtain from Aspen Insurance Company railroad protective liability insurance coverage under the terms and conditions that are set forth within the pertinent staff summary.
FURTHER RESOLVED, that the renewal is for a 12-month term commencing on August 1, 2019 and the estimated annual premium is $220,692.
FURTHER RESOLVED, that the Board hereby authorizes the proper officers of SEPTA to execute all other documents, in form approved by the Office of General Counsel, and to do any and all other things as shall be necessary and proper in order to effectuate the purpose of this Resolution."
I.B. AWARD OF CONTRACTS PURSUANT TO REQUEST FOR PROPOSALS
"WHEREAS, SEPTA, which has need for the services as described below, has advertised and solicited proposals from firms wishing to propose; and
WHEREAS, SEPTA staff has requested that the General Manager recommend that the Board authorize the award of the contracts to the firms listed below because said firms were the successful proposers in the areas for which the requests for proposals were issued; and
WHEREAS, the General Manager recommended that the Board authorize the award of the contracts.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to award subject to the following conditions and the General Manager to execute the following contracts, in form approved by the Office of General Counsel, subject to the concurrence of the funding agencies, if required, and contingent upon and subject to the proposers satisfactorily meeting all requirements of the terms and conditions of the relevant request for proposals, including the provision of any required insurance certificates and full compliance with any applicable Disadvantaged Business Enterprise (DBE) requirements:
1. To ( i) AECOM Technical Services, Inc.; (ii) Michael Baker International, Inc.; (iii) Jacobs Project Management Company, and (iv) WSP USA, Inc., for the provision of General Engineering Consultant (GEC) Construction Management Services,
4 Minutes of Regular Board Meeting June 27, 2019 which includes such disciplines as civil, track, structural, mechanical, electrical, catenary, traction power and communications/signals, with services to be performed on an "as needed, task order" basis over a period of three years expected to commence in June 2019, as described in the staff summary on this subject, for a total per contract amount not to exceed $8, 000, 000, Request for Proposals No. 18-00118-ACKR General Engineering Consultant Construction Management (GEC CM) Services."
II.A.l. SUPPLEMENTAL REIMBURSEMENT AGREEMENT BETWEEN SEPTA AND PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE RECONSTRUCTION OF RICHMOND STREET AND RELATED ELEMENTS AS PART OF THE STATE ROUTE 95, SECTION AFl PROJECT
"WHEREAS, on June 3, 2016 SEPTA and the Department of Transportation of the Commonweal th of Pennsylvania ( "PennDOT") entered into a fourth cooperation agreement ("Cooperation Agreement") which, among other things, defined each party's respective share of the costs associated with highway projects of PennDOT that require support by SEPTA; and
WHEREAS, the Cooperation Agreement requires PennDOT and SEPTA to enter into a project agreement for a project that is within the purview of the Cooperation Agreement; and
WHEREAS, PennDOT commenced a project by which PennDOT reconstructed Interstate 95 (State Route 0095) which includes as part thereof the reconstruction of the Girard Avenue Interchange in Philadelphia ("Project"); and
WHEREAS, the Richmond Street reconstruction element of the Project (including the SEPTA Route 15 trolley track) was recently relocated some 50 yards east between Girard Avenue and Ann Street; and
WHEREAS, the next phase of the Project (Section AFl) involves the continued reconstruction of Richmond Street north of Ann Street to Westmoreland Street, which encompasses the Route 15 trolley tracks and the turnback loop adjacent to Richmond Street on Westmoreland Street; and
WHEREAS, under the cost sharing terms of the Project per the Cooperation Agreement, PennDOT consul tan ts will provide design services at 100% PennDOT cost (estimated at $402,817.64), while its contractors will provide construction services at Richmond Street, the trolley tracks and turnback (estimated at $14,408,419.20), and SEPTA will reimburse PennDOT 50% of these costs (or $7,204,209.60); and
WHEREAS, under the Cooperation Agreement SEPTA will (i) fabricate/deliver to PennDOT's contractor certain special
5 Minutes of Regular Board Meeting June 27, 2019 trackwork for the turnback (at an estimated cost of $593,411.08) with PennDOT reimbursing SEPTA for 50% of the cost thereof (or $296,705.54; (ii) provide construction engineering support and construction inspection services at SEPTA's 100% cost (estimated at $380, 292); and (iii) provide alternate busing service on the Route 15 during construction (estimated at $5,320,807), with PennDOT in turn reimbursing SEPTA 95% of the net incurred cost thereof; and
WHEREAS, total costs for the Project are estimated at $21,495,096.65, with after offsetting the respective reimbursements as set forth above, SEPTA' s estimated share will be $8,147,247.49; and
WHEREAS, staff requested that the General Manager recommend that the Board authorize SEPTA to enter into a supplemental reimbursement agreement and amendment to the Cooperation Agreement with PennDOT with respect to reimbursement of costs that SEPTA will incur in connection with the Project, under the terms and conditions as set forth above and more fully described in the pertinent staff summary; and
WHEREAS, the General Manager made the recommendation to the Board.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to enter into the proposed supplemental reimbursement agreement and amendment to the Cooperation Agreement of June 3, 2016 with the Department of Transportation of the Commonweal th of Pennsylvania, with respect to SEPTA' s share of the costs in support of the reconstruction of Richmond Street and related elements of the State Route 95, Section AFl Project, under the terms that are set forth within the pertinent staff summary.
FURTHER RESOLVED, that the Board hereby authorizes the General Manager or his designee to execute all documents, in form approved by the Office of General Counsel, and to do any and all other things as shall be necessary and proper in order to effectuate the purpose of this Resolution."
II.A.2. FISCAL YEAR 2020 ANNUAL SERVICE PLAN
"WHEREAS, proposed Fiscal Year 2020 Annual Service Plan (i) describes service proposals that staff, the public, governmental agencies and elected officials suggested and (ii) presents the technical and financial analyses by which SEPTA determines whether it should implement each service proposal; and
WHEREAS, the pertinent staff summary gives details on the proposed Fiscal Year 2020 Annual Service Plan, and making permanent four proposed changes (supplements) to service and
6 Minutes of Regular Board Meeting June 27, 2019 tariffs for existing Routes 40, 73, 104 and 131 and proposed revisions to SEPTA's Service Standards and Process document; and
WHEREAS, pursuant to applicable law and the rules and regulations that became effective on March 1, 2010, the Chairman appointed Eugene N. Cipriani, Esquire as Hearing Examiner to conduct a public hearing with respect to the proposed Fiscal Year 2020 Annual Service Plan, and the proposed tariff supplements and service standard revisions; and
WHEREAS, after appropriate publication and posting the Hearing Examiner presided over two sessions of public hearings, which were both held on May 29, 2019 at a convenient and accessible location; and
WHEREAS, persons who desired to do so were given the opportunity to appear at the sessions of the public hearing to present testimony, to introduce material and to ask questions of SEPTA's representatives; and
WHEREAS, based on the testimony, evidence and exhibits presented at the public hearing or otherwise entered into the record, on June 10, 2019 the Hearing Examiner is sued a Report and Recommendation; and
WHEREAS, the Hearing Examiner recommended that the Board adopt the proposed Fiscal Year 2020 Annual Service Plan along with the proposed supplements to certain tariffs; and
WHEREAS, staff concurred and requested that the General Manager recommend that the Board ( i) adopt the proposed Fiscal Year 202 0 Annual Service Plan and (ii) adopt the four proposed tariff supplements and services standards revisions; and
WHEREAS, the General Manager made the recommendation to the Board.
NOW, THEREFORE, BE IT RESOLVED, that upon consideration of the testimony taken and evidence presented at the public hearings or otherwise entered into the record, the Report and Recommendation of the Hearing Examiner and the arguments and/or other material presented at this public meeting, the Board hereby adopts the Fiscal Year 2020 Annual Service Plan as filed and described hereinabove.
FURTHER RESOLVED, that the Board hereby adopts the below listed supplements to tariffs which were filed as part of proposed Fiscal Year 2020 Annual Service Plan, and instructs SEPTA staff to implement the supplements to tariffs, as well as the revisions to SEPTA's Service Standards and Process document, as soon as practicable:
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Tariff No. 42, Supplement No. 6 (Route 40); Tariff No. 50, Supplement No. 6 (Route 73); Tariff No. 68, Supplement No. 9 (Route 104); and Tariff No. 237, Supplement No. 1 (Route 131)
FURTHER RESOLVED, that the Board hereby authorizes the General Manager or his designee to execute and deliver all documents, in form approved by the Office of General Counsel, and to do any and all other things as shall be necessary and proper in order to effectuate the purpose of this Resolution."
II.A.3. ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM PRIVATE PROPERTY OWNERS AND LOWER MERION TOWNSHIP IN CONNECTION WITH THE PHASE 1 IMPROVEMENTS AT ARDMORE STATION PROJECT LOCATED IN LOWER MERION, MONTGOMERY COUNTY
"WHEREAS, SEPTA leases and occupies from the National Railroad Passenger Corporation ("Amtrak") under the 47-Station Lease Agreement the Ardmore Station, including the building, platform and parking lot (collectively, "Station", which services passengers on the Paoli/Thorndale Regional Rail Line located in Lower Merion Township, Montgomery County; and
WHEREAS, SEPTA is undertaking construction to make the Station compliant with the Americans with Disability Act ("ADA"), the improvements of which will include high level platforms, pedestrian tunnel modifications, elevators, ramps and stairs ("Project"); and
WHEREAS, the Station abuts properties owned by ( i) Chris Foo, E-Ni Foo and Betty C. Foo (collectively "Foo"); (ii) David Matus, Alexander Matus and Keith Matus (collectively "Matus"); and Lower Merion Township ("Township"); and
WHEREAS, under Phase 1 of the Project, construction on the inbound side of the station will require SEPTA to acquire perpetual easements and temporary construction easements from Foo, Matus and the Township for staging and construction of foundations for a future parking garage at the Station, to be built under the yet to be fully funded Phase 2 of the Project; and
WHEREAS, in addition thereto, a perpetual easement and temporary construction easement is needed from the Township for staging and construction of a storm water basin and the foundation for the parking garage; and
WHEREAS, in order to begin Phase 1 construction of the parking garage foundation, the necessary easements will consist
8 Minutes of Regular Board Meeting June 27, 2019 of (i) permanent easements of approximately 1,273 square feet from Foo and 79 square feet from Matus; and (ii) temporary construction easements of approximately 1, 32 0 square feet from Foo and 149 square feet from Matus;
WHEREAS, while it is anticipated that a fair market value appraisal for both the permanent and temporary construction easements from Foo and Matus will not exceed $10, 000, authorization is being requested at the time to acquire said easements for a total amount not to exceed $10,000; and
WHEREAS, for the nominal consideration of $1.00, SEPTA will enter into an Omnibus Agreement with the Township for a shared access temporary easement of approximately 669 square feet on Tax Parcel Nos. 40-5C-325, 326, 327 and 328; and
WHEREAS, in addition thereto, SEPTA will also require from the Township (i) a permanent foundation easement of approximately 11, 251 square feet on Tax Parcel No. 40-5C-325; (ii) a permanent storm water basin easement of approximately 3,110.5 square feet on Tax Parcel Nos. 40-5C-332 and 40-5C-367; (iii) a temporary foundation easement of approximately 19, 92 5 square feet on Tax Parcel Nos. 40-5C-325, 328, 329, 330, 332 and 367; (iv) a high level platform temporary access easement of approximately 6,303 square feet on Tax Parcel No. 40-5V-325; (v) a low level platform temporary access easement of approximately 22,852 square feet on Tax Parcel No. 40-6B-363; and (vi) an all phase full duration temporary access easement of approximately 3, 778 on Tax Parcel No. 40-5C-325; and
WHEREAS SEPTA's construction efforts on the Project are expected to take approximately two and one-half (2-1/2) years from the estimated start of construction in July 2019; and
WHEREAS, if required, SEPTA will obtain any necessary FTA concurrence of the transaction contemplated hereunder; and
WHEREAS, staff requested that the General Manager recommend that the Board authorize SEPTA to acquire from the two private property owners and the Township the permanent easements and temporary construction easements under the terms and conditions as set forth above and more fully described in the pertinent staff summary; and
WHEREAS, the General Manager made the recommendation to the Board.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to acquire from the private property owners (Chris Foo, E-Ni Foo and Betty C. Foo; and David Matus, Alexander Matus and Keith Matus) the permanent easements and temporary construction easements needed for the Phase 1 Improvements at
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Ardmore Station Project, under such terms and conditions set forth within the pertinent staff summary, for the combined total fair market valuation not to exceed $10,000; and
FURTHER RESOLVED, that the Board hereby authorizes SEPTA to acquire from Lower Merion Township the permanent easements and temporary construction easements and enter into such agreements with the Township, under the terms and conditions set forth within the pertinent staff summary; and
FURTHER RESOLVED, that the Board hereby authorizes the General Manager or his designee to execute all documents, in form approved by the Office of General Counsel, and to do any and all other things as shall be necessary and proper in order to effectuate the purpose of this Resolution."
II.B. AUTHORIZATION TO AWARD CONTRACTS FOR VARIOUS PROCUREMENTS
"WHEREAS, SEPTA advertised and invited bids for the supplies identified below; and
WHEREAS, the firms listed below was the lowest responsive and responsible bidders to the invitations for bids; and
WHEREAS, staff requested that the General Manager recommend that the Board authorize SEPTA to award the contracts identified below; and
WHEREAS, the General Manager made the recommendation to the Board.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to award and for the General Manager or his designee to execute the contracts identified below in form approved by the Office of General Counsel, subject to and contingent upon the concurrence of the funding agencies, if required, and contingent upon and subject to the vendors satisfactorily meeting all pre-requirements of the bid terms and specifications, including full compliance with any applicable Disadvantaged Business Enterprise requirements:
1. To Xorail, Inc., for the design and fabrication of a grade crossing warning system to be installed by SEPTA workforces (in partnership with Montgomery County) at the intersection of Ford and Lafayette Streets as part of the streetscape project in the Borough of Norristown, with deli very of material expected within nine months of issuance of Notice-to-Proceed, as described in the staff summary on this subject, for a total contract amount not to exceed $998, 000, Sealed Bid No. 18-00269-ACZC Ford Street Grade Crossing.
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2. To Neshaminy Constructors, Inc., for general construction services, for a total contract amount not to exceed $30,645,399; to Five Star, Inc., for mechanical construction services, for a total contract amount not to exceed $927,000; and to Philips Brothers Electrical Contractors, Inc., for electrical construction services, for a total contract amount not to exceed $2,679,000, to provide all labor, materials, tools and equipment for the Ardmore Transit Center Phase l Project, with services to be performed over a period of 950 calendar days after issuance of Notice-to-Proceed, as described in the staff summary on this subject, Sealed Bid No. 18-0 02 5 7-AJEB - Ardmore Transit Center Phase 1 Project.
3. To Gessler Construction Co., Inc., for the provision of asphalt paving services and paving-related construction for SEPTA' s City Transit, Suburban Transit and Railroad Divisions within the Authority's five-county operating territory, with services to be performed on an "as required" basis over a period of three years commencing in July 2019, as described in the staff summary on this subject, for a total contract amount not to exceed $1, 464, 100, Sealed Bid No. 19-00039-AJEB - Asphalt Paving 3-Year Requirement Contract.
4. To HJ Skelton (Canada) Ltd., for the purchase of four friction bumping posts to be used on the Broad Street Subway (BSS) Line placed at/near the end of terminating tracks to absorb impact and minimize collateral damage to SEPTA's rolling stock, passengers and infrastructure, at a unit price of $31, 985, with delivery of material scheduled to commence on July 1, 2019, as described in the staff summary on this subject, for a total contract amount not to exceed $127,940, Sealed Bid No. 19-00026- APQC - Friction Bumping Posts.
5. To SAR Automotive Equipment, Inc., for the purchase and installation of a parallelogram platform lift at the Courtland Utility Shop to service utility vehicles, with services to be performed over a period of 180 calendar days after issuance of Notice-to-Proceed, as described in the staff summary on this subject, for a total contract amount not to exceed $259, 300, Sealed Bid No. 19-00034-APES - Supply & Install a Parallelogram Platform Lift at Courtland Utility Shop."
II.C. AWARD OF CONTRACTS FOR SOLE SOURCE PROCUREMENTS
"WHEREAS, SEPTA has need for the supplies and services described below and those supplies and services are available only from the firms listed below; and
WHEREAS, staff reviewed the cost of the supplies and services and the General Manager recommended that the Board authorize SEPTA to award the contracts.
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NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to award and the General Manager or his designee to execute the contracts identified below, in form approved by the Office of General Counsel, subject to the concurrence of the funding agencies, if required, and contingent upon and subject to the vendor/contractor satisfactorily providing any required bonds, insurance certificates and/ or other documents, and complying with any applicable Disadvantaged Business Enterprise requirements:
1. To ARINC, Inc., for the modification of the Automatic Train Dispatch System (ATOS) software to increase the accuracy and time coordination for the Real Time Vehicle Location (RTVL) Project, with services to be performed over a period of 730 calendar days after issuance of Notice-to-Proceed, as described in the staff summary on this subject, for a total contract amount not to exceed $2, 998, 849, Sole Source No. 19-00059-ATMM Software to Increase the Accuracy and Time Coordination for the Real Time Vehicle Location Project.
2. To James J. Anderson Construction Company, Inc., for the provision of third party labor to reset SEPTA manhole covers to proper elevations in conjunction with the City of Philadelphia's Street Resurfacing Program, with services to be performed on an "as required" basis over a period of three years scheduled to commence in July 2019, as described in the staff summary on this subject, for a total contract amount not to exceed $ 65, 9 60, Sole Source No. 19-0010 4-ADWC - Manholes Casting Adjustment.
3. To The Aftermarket Parts Company LLC d/b/a New Flyer Parts, for the purchase of 90 rear bumper assemblies needed for the Fiscal Year 2020 Vehicle Overhaul (VOH) Campaign of the New Flyer bus fleet, at a unit price (new + core) of $875.13, with delivery of material scheduled over a period of 18 months commencing in July 2019, as described in the staff summary on this subject, for a total contract amount not to exceed $78, 761. 70, Sole Source No. 19-00103-AJTR - Rear Bumper Assembly for the New Flyer Bus Fleet.
4. To Alstom Signaling, Inc., for the provision of technical assistance, consul tat ions, on call support, field support and maintenance services for the software and hardware systems for the Centralized Traffic Control (CTC) System for the Market-Frankford Subway Elevated (MFSE) Line known as the Transportation Management System (TMS), with services to be performed over a period of five years commencing retroactively effective May 12, 2019 through May 11, 2024, as described in staff summary on this subject, for a total contract amount not to exceed $532,500, Sole Source No. 19-00112-ARLW - Software Support of the Centralized Traffic Control System for the Market-
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Frankford Subway Elevated Line known as the Transportation Management System (TMS).
5. To Johnson Controls Security Solutions LLC (formerly Tyco Integrated Security LLC), for the modification of the camera storage system at the 2nd and Wyoming Facility needed to support the installation, programming and technical software of a total of 32 additional cameras located at 103 Victory Lane, with services to be performed commencing in July 2019, as described in the staff summary on this subject, for a total contract amount not to exceed $41,722.49, Sole Source No. 19-00033-ARIB - 2nd & Wyoming Camera Storage Modifications."
II.D. AUTHORIZATION TO EXECUTE CHANGE ORDERS AND AMENDMENT
"WHEREAS, additional work is required to complete the projects identified below; and
WHEREAS, staff reviewed the cost of the additional work and the General Manager recommended that the Board authorize SEPTA to order the additional work.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby authorizes SEPTA to award and the General Manager or his designee to execute the change orders and amendment identified below in form approved by the Off ice of General Counsel, subject to the concurrence of the funding agencies, if required, and to any applicable Disadvantaged Business Enterprise requirements:
1. To Murphy Quigley Company, Inc., for Change Order No. 3, which provides for a credit due to the release of hardware to SEPTA under the general construction contract for the Jefferson Station Door Replacement Project, at a decrease in cost not to exceed $8,918.91, bringing the total contact price, including all change orders to date, to an amended contract amount not to exceed $480,837.26.
2. To RailWorks Track Services, Inc., for Change Order No. 1, which provides for additional general construction work due to unforeseen conditions on the Regional Railroad Division Doylestown and Warminster Tie Renewal, Surfacing and Brush Cut ting Project, at an increase in cost not to exceed $ 52 9, 10 4, bringing the total contact price, including this change order, to an amended contract amount not to exceed $5,479,104.
3. To Conduent, Inc. (formerly Xerox Transport Solutions, Inc.) , for Change Order No. 21, which provides for Change Order No. 21, which provided for (i) the conversion of 52 transit station sales kiosks to accept cash; (ii) 300 additional handheld sales device cradles; and (iii) 21 modified handheld parking devices under the New Payment Technologies (NPT) System contract, at an increase in cost not to exceed $1, 13 7, 152, bringing the
13 Minutes of Regular Board Meeting June 27, 2019 total contract price, including all change orders to date, to an amended contract amount not to exceed $173,342,568.
4. To Santapaul Corporation t/a Lima Company, for Change Order No. 3, which provides for additional mechanical construction work on the Bucks County Intermodal Station Improvements - Levittown Project, at an increase in cost not to exceed $55,641, bringing the total contract price, including all change orders to date, to an amended contract amount not to exceed $490,951, provided that with the Board's approval of this change order, the Board authorizes the resetting of prior authorized cumulative change order amount to zero dollars ($0) and the establishment of a new cumulative change order threshold of 10% or $500,000, pursuant to the Resolution adopted by the Board on May 22, 2008, which Resolution authorized a "Delegation of Authority for Change Orders, Amendments and Assignments".
5. To Convergent Solutions Group, LLC d/b/a CSG Global Consulting, for Change Order No. 1, which provides for the expansion of the Avaya phone system which will add an additional talk group to manage the anticipated increases in the queue with SEPTA's CCT customer inquiries and the addition of 12 work stations to enhance program management and supervisory oversight, at an increase in cost not to exceed $42,129.64, bringing the total contract price, including this change order, to an amended contract amount not to exceed $199,907.97.
6. To Walsh Construction II, LLC, for Change Order No. 4, which provides for additional general construction work on the Elwyn to Wawa R3-2 ROW Improvements Project due to unforeseen conditions and apparent design errors/omissions, at an increase in cost not to exceed $107, 341, bringing the total contract price, including all changes orders to date, to an amended contract amount not to exceed $81,001,926, provided that with the Board's approval of this change order, the Board authorizes the resetting of prior authorized cumulative change order amount to zero dollars ( $ 0) and the establishment of a new cumulative change order threshold of 10% or $500,000, pursuant to the Resolution adopted by the Board on May 22, 2008, which Resolution authorized a "Delegation of Authority for Change Orders, Amendments and Assignments".
7. To CRRC MA Corporation, for Change Order No. 3, which provides for a six-month no cost time extension under the contract for the purchase of multi-level rail cars, thereby establishing a new contract completion date of April 9, 2021, with the total contact price, including all change orders to date, remaining at an amount not to exceed $138,171,678.
8. To E. R. Stuebner, Inc., for Change Order No. 4, which provides for the settlement of three outstanding claims and one outstanding PCO under the general construction contract for the
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Lansdale Parking Garage and Area Improvements Project, at an increase in cost not to exceed $198,076, bringing the total contract price, including all change orders to date, to an amended contract price not to exceed $27,520,996.
9. To LTK Consulting Services, Inc., for Amendment No. 1, which provides for an increase to the price ceiling of the contract for vehicle engineering and equipment (VEEC) consulting services on an "as needed" (task order) basis for work within the scope that is required of the Authority, at an increase in cost not to exceed $1, 5 0 0, 0 0 0, bringing the total contract pr ice, including this amendment, to an amended contract amount not to exceed $4,000,000."
Report of General Manager
Mr. Knueppel began by providing a brief update on two items he had spoken about at the last month's Board meeting. He said he was very happy to report that two suspects were arrested in connection with the recent shooting that involved the Regional Rail conductor. He said that the swift action was possible thanks to an intensive investigation by SEPTA Transit Police and Philadelphia Police and critical information provided by the public. Mr. Knueppel said he was very proud of the department's efforts and said he knew this news would provide a boost to the conductor who continues to make progress in his recovery.
Mr. Knueppel stated that the prior Saturday, some 180 prospective SEPTA employees attended the Women in the Trades job fair held at 1234 Market Street. He mentioned that hiring managers and women already working in trade specializations were on hand to talk about career opportunities. He also mentioned that there was a SEPTA recruiters' table set up where attendees could come and check on the status of job applications and talk about upcoming openings. Mr. Knueppel stated that everyone in attendance had the opportunity to build a pathway to a new career. He added that 1 7 women immediately qualified for and were being scheduled to test for various skilled trade jobs across the Authority, with many others connected with training institutes and resources also in attendance at this event, while others learned more about future opportunities.
Mr. Knueppel closed by stating that the past Monday, SEPTA, the City of Philadelphia and the Philadelphia Parking Authority jointly announced the release of a report which, for the first time, quantifies the cost of congestion in Center City Philadelphia. He said this was a critical issue affecting SEPTA bus service, ridership, and customer convenience but said there were also real economic and quality of life impacts that have the potential to challenge the future growth and vitality of the City.
15 Minutes of Regular Board Meeting June 27, 2019
Mr. Deon then called for speakers.
Lance Haver
Mr. Haver stated that he was present to speak about SEPTA deciding to follow the City of Philadelphia's new law and accept cash for the transfers. He said as the City knows, and as the City representatives know, on July 1st the City of Philadelphia's Bill would go into effect that requires all retail and commercial outlets to accept cash. Mr. Haver mentioned that no debit cards, no credit cards would be required. He said SEPTA's decision to not allow people to buy a transfer for a dollar was in clear violation of this law. He then submitted two copies of the City of Philadelphia's Bill to Secretary Looby, which is attached to the original Minutes as Exhibit "B".
Mr. Haver stated that in 1978 the Pennsylvania Supreme Court stated that the equal protection clause covers commercial activities. He said in 1984 the State law changed to say that no longer could a store say that a credit card had to be required to be used. Mr. Haver said the City passed this law, and SEPTA must abide by it and has no choice and was not above the law. He stated that if Amazon has to follow the law, the mom and pop stores have to follow the law, the City of Philadelphia has to follow the law, and so does SEPTA.
Mr. Haver stated that he also included a Writ of Mandamus, a draft copy, with what he submitted to Secretary Looby. He said that if SEPTA on July 15th has not made the changes and order their bus drivers, trolley drivers, subway and everyone else to accept a dollar for paper transfer, cash dollar, he would petition the City of Philadelphia. Mr. Haver stated that if on August 15th the City of Philadelphia does not enforce the law, he would hold each one of the Board Members personally responsible for this because it was unfair to take money out of the SEPTA budget because of their decision to ignore the law. He said he would file a Writ of Mandamus. Mr. Haver said he included a draft copy of the Writ of Mandamus, so the Authority's attorneys can review it and see clearly that the case law was on his side. He said he would eventually win and SEPTA would eventually be forced to do it. Mr. Haver urged the Board not to wait for that day, but to do the right thing for the riding public, for the working poor and honor the City of Philadelphia's law to accept a dollar and not overcharge people and force them to pay $2.50 for what costs a dollar and for what the law requires a dollar to be used for, and what legal tender should be able to buy.
Mr. Kernodle joined the meeting at 3:14 PM.
Mr. Haver continued and said if there were any questions, he would be happy to answer, but his guess was that there were no questions. He then addressed the Philadelphia representatives and
16 Minutes of Regular Board Meeting June 27, 2019 said that he was embarrassed for them and that they should be doing what he was doing and demanding that SEPTA follow the City's law and not have an outsider do it.
Mr. Carroll responded to Mr. Haver and said that the City has been very clear that they would like to eliminate the transfers and that this was their approach to that whole question. He stated there was a process that the City was working through with SEPTA in order to do that without speaking to the legal basis of what Mr. Haver said. Mr. Carroll said that was the City's real objective.
Mr. Haver responded that it may be the objective, but the short-term objective was to stop overcharging Philadelphia citizens. He said that if you were going to tell Amazon that they would have to accept cash, put a motion before the Board that says SEPTA has to accept cash. He said that it could be done right then today and that it did not have to wait for the future. Mr. Haver stated that tens of thousands of riders were being overcharged because of their negligence.
Chairman Deon asked Mr. Benedetti to take this matter under advisement and review for the Board. He then thanked Mr. Haver.
Kelvin Carrington
Mr. Carrington explained the reasons why he had not attended the previous Board Meetings. He stated that the Route 17 bus stop at 19th and Market Streets has been permanently terminated and that signs were posted at the location concerning the termination.
Mr. Carrington discussed how buses were being operated along Chestnut Street, specifically at the 19th and Chestnut Streets stop. He mentioned there was a new program that was to keep bus lanes clear in Center City, which was not being enforced by the police. He also discussed a recent survey regarding bus stops and shelters, specifically at the 19th and Market Streets stop. Mr. Carrington mentioned that he had heard that there was to be another survey, but he has not heard back regarding it. He then stated that more widespread information needs to be given.
Mr. Deon requested that Mr. Sauer and Mr. Heinle meet with Mr. Carrington following the meeting.
Mr. Carroll stated that the City staff did meet with Mr. Carrington. He informed Mr. Carrington that staff had attempted to contact him to arrange another time to meet with him in the field but were unable to connect with him. Mr. Carroll asked Mr. Carrington for dates and times to meet in the future. He said he would meet with Mr. Carrington following the meeting.
17 Minutes of Regular Board Meeting June 27, 2019
Anne C. Croisier
Ms. Croisier read directly from a letter which she submitted and is attached to the original Minutes as Exhibit "C."
Mr. Deon requested Mr. Kelly to meet with Ms. Croisier following the meeting.
Adjournment
There being no further business to come before the Board at this Regular Meeting, it was moved by Mr. Carroll seconded by Commissioner Lawrence, and unanimously adopted that the meeting be adjourned at 3:21 PM.
Carol R. Looby Secretary
18 SOUTHEASTERN PENNSYLVANIA TRANSPORT ATI ON AUTHORITY
FINANCIAL REPORT
MAY2019
For Period Ended June 1, 2019
June 18, 2019 ~ ::i:: H O:;I H t-3
:i:: FINANCIAL REPORT - MAY 2019
COMMENTARY
Summary of Financial Results and Commentary
GROUP 1 - CONSOLIDATED OPERATIONS
(1.1) Consolidating Statement oflncome - (YTD) (1.2) Consolidating Statement of Revenue and Expense - (YTD) (1.3) Consolidating Statement oflncome - (One Month) (1.4) Consolidating Statement of Revenue and Expense - (One Month)
GROUP 2 - CITY TRANSIT DIVISION
(2.1) Comparative Statement of Income (2.2) Detail Income Statement - (One Month) (2.3) Detail Income Statement - (YTD)
GROUP 3 - VICTORY DIVISION
(3 .1) Comparative Statement of Income (3.2) Detail Income Statement - (One Month) (3.3) Detail Income Statement - (YTD)
GROUP 4 - FRONTIER DIVISION
(4.1) Comparative Statement of Income (4.2) Detail Income Statement - (One Month) (4.3) Detail Income Statement - (YTD)
GROUP 5 - REGIONAL RAIL DIVISION
(5.1) Comparative Statement oflncome (5.2) Detail Income Statement - (One Month) (5.3) Detail Income Statement - (YTD) FINANCIAL REPORT - MAY 2019
GROUP 1 - CONSOLIDATED OPERATIO NS
( 1.1) Consolidating Statement of Income - (YTD) (1.2) Consolidating Statement of Revenue and Expense - (YTD) (1.3) Consolidating Statement of Income - (One Month) (1.4) Consolidating Statement of Revenue and Expense - (One Month) FINANCIAL REPORT - MAY 2019
COMMENTARY
Summary of Financial Results and Commentary SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MAY AND YEAR-TO-DATE RESULTS OF OPERATIONS
SUMMARY The following is a summary of Divisional operating results (i.e. deficit before operating subsidies) and consolidated results after subsidies for May and the eleven-month period then ended. The results are compared to the Fiscal Year 2019 budget and to the prior year results in the accompanying financial statements. (IN THOUSANDS) ELEVEN MONTHS DIVISION MONTH OF MAY ENDED MAY 2019 2018 2019 2018
City Transit $ (51,073) $ (45,322) $ (529,959) $ (505,626) Victory (6,519) (6,075) (68,442) (64,534) Frontier (2,431) (2,304) (25,258) (24,638) Regional Rail (24,613) (13,116) (198,219) (180, 139) Total Deficit Before Subsidies (84,636) (66,817) (821,878) (774,937) Operating Subsidies 82,338 63,273 823,621 777,562 Surplus/(Deficit) After Subsidies (2,298) (3,544) 1,743 2,625 Unrealized Investment Gain/(Loss) 523 92 843 (1,081) Surplus/(Deficit) after Investment Gain/(Loss) $ (1,775) $ (3,452) $ 2,586 $ 1,544
The deficit after subsidies for the month of May was $2.3 million and the cumulative surplus for the eleven months was $1.7 million. Passenger revenue for the month was $1.9 million (or 4.2%) lower than budget. Passenger revenue for the eleven months of Fiscal 2019 was $10.7 million (or 2.5%) lower than budget. Shared Ride Program revenue was $33 thousand lower than budget for the month of May and was $707 thousand (or 4.6%) lower than budget for May year-to date. Operating expenses for the month of May were $1.1 million higher than budget. For the eleven-month period, operating expenses were $7.5 million (or 0.6%) lower than budget.
- 1 - SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MAY AND YEAR-TO-DATE RESULTS OF OPERATIONS
DIVISIONAL COMMENTARY ON MAY AND YEAR-TO-DATE RESULTS
CITY TRANSIT DIVISION The Division's operations for May resulted in a deficit before subsidies of $51.1 million for the month and a year-to date deficit before subsidies of $530.0 million, which is 1.1 % lower than budget. Passenger revenue for the month of May was $979 thousand (or 3.4%) lower than budget. For the eleven months of Fiscal 2019 total passenger revenue was $4.9 million (or 1.8%) lower than budget. Shared Ride Program revenue for May year-to-date was $707 thousand (or 4.6%) lower than budget. Operating expenses for the eleven-month period were lower than budget. For the eleven months of the fiscal year, the operating surplus after subsidies was $1.2 million.
VICTORY DIVISION The Division's operations for May resulted in a deficit before subsidies of $6.5 million bringing the cumulative deficit before subsidies for the eleven months of the fiscal year to $68.4 million, which is 1.8% higher than budget. Passenger revenue for May was $11 thousand (or 0.5%) lower than budget, and for the eleven months of Fiscal 2019 was $547 thousand (or 2.4%) higher than budget. Operating expenses for the eleven-month period were higher than budget. For the eleven months of the fiscal year, the operating surplus after subsidies was $162 thousand.
- 2 - SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MAY AND YEAR-TO-DATE RESULTS OF OPERATIONS
FRONTIER DIVISION Operations for the month of May resulted in a deficit before subsidies of $2.4 million bringing the cumulative deficit before subsidies for the eleven months of the fiscal year to $25.3 million, which is 0.7% lower than budget. Passenger revenue for May was $48 thousand (or 7.4%) lower than budget, and for the eleven months of Fiscal 2019 was $120 thousand (or 2.0%) lower than budget. Operating expenses for the eleven-month period were lower than budget. For the eleven months of the fiscal year, the operating surplus after subsidies was $59 thousand.
REGIONAL RAIL DIVISION Operations for the month of May resulted in a deficit before subsidies of $24.6 million bringing the cumulative deficit before subsidies for the eleven-month period to $198.2 million, which is 3.3% higher than budget. Passenger revenue for May was $865 thousand (or 6.4%) lower than budget, and for the eleven months of Fiscal 2019 passenger revenue was $6.2 million (or 4.5%) lower than budget. Operating expenses for the eleven-month period were higher than budget. For the eleven months of the fiscal year, the operating surplus after subsidies was $328 thousand.
- 3 - SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CONSOLIDATING STATEMENT OF INCOME ELEVEN MONTHS ENDED JUNE 1, 2019
(THOUSANDS)
CITY REGIONAL -1!.!:!_DGET VARIANCE TRANSIT VICTORY FRONTIER RAIL TOTAL BUDGET DIVISION DIVISION DIVISION DIVISION SEPTA AMOUNT AMOUNT PERCENT
OPERATING REVENUES
Passenger Revenue $ 264,965 $ 23,149 $ 5,939 $ 130,150 $ 424,203 $ 434,875 $ (10,672) (2.45) Other Operating Revenue 23,442 2,726 705 13,224 40,097 37,835 2,262 5.98
Sub-Total - Operating Revenue 288,407 25,875 6,644 143,374 464,300 472,710 (8,410) (1.78) Shared Ride Program 14,690 - - 14,690 15,397 (707) (4.59)
TOTAL REVENUE AVAILABLE FOR OPERATIONS 303,097 25,875 6,644 143,374 478,990 488,107 (9,117) (1.87)
OPERATING EXPENSES 833,056 94,317 31,902 341,593 1,300,868 1,308,349 7,481 0.57
DEFICIT BEFORE SUBSIDIES (529,959) (68,442) (25,258) (198,219) (821,878) (820,242) (1,636) (0.20)
OPERATING SUBSIDIES 531,153 68,604 25,317 198,547 823,621 820,242 3,379 0.41
SURPLUS AFTER SUBSIDIES $ 1,194 $ 162 $ 59 $ 328 $ 1,743 $ - $ 1,743 Unrealized Investment Gain/(Loss) 528 31 8 276 843 - 843 SURPLUS AFTER INVESTMENT GAIN/(LOSS) $ 1,722 $ 193 $ 67 $ 604 $ 2,586 $ - $ 2,586
Page 1.1 6/18/19 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CONSOLIDATING STATEMENT OF REVENUES AND EXPENSES ELEVEN MONTHS ENDED JUNE 1, 2019
(THOUSANDS)
CITY TRANSIT VICTORY FRONTIER REGIONAL RAIL DIVISION DIVISION DIVISION DIVISION TOTAL SEPTA OPERATING REVENUES BUDGET ACTUAL - BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL
Passenger Revenue $ 269,881 $ 264,965 $ 22,602 $ 23,149 $ 6,059 $ 5,939 $ 136,333 $ 130,150 $ 434,875 $ 424,203 Shared Ride Program 15,397 14,690 ------15,397 14,690 Investment Income 1,214 1,631 59 69 15 22 1,170 1,411 2,458 3,133 Other Income 20,354 21,811 2,242 2,657 693 683 12,088 11,813 35,377 36,964
TOTAL OPERATING REVENUE 306,846 303,097 24,903 25,875 6,767 6,644 149,591 143,374 488,107 478,990
OPERATING EXPENSES
Labor, including Paid Absences 399,794 388,219 43,731 46,075 17,285 17,153 131,496 135,647 592,306 587,094 Fringe Benefits 255,736 239,950 23,659 24,161 7,982 8,134 74,589 73,440 361,966 345,685 Material & Services 144,296 144,198 18,852 18,586 4,093 4,048 106,352 106,919 273,593 273,751 Injuries & Damages 20,145 13,325 986 646 384 275 4,790 2,610 26,305 16,856 Propulsion Power 10,636 10,242 1,134 1,169 - 17,045 16,165 28,815 27,576 Fixed Rent 3,259 4,428 157 171 55 54 1,936 1,145 5,407 5,798 Fuel 21, 184 19,672 3,430 3,305 2,363 2,190 587 430 27,564 25,597 Depreciation 13,526 13,022 202 204 44 48 4,621 5,237 18,393 18,511 Budget Reduction !26,000) - --- - (26,000) TOTAL OPERATING EXPENSES 842,576 833,056 92,151 94,317 32,206 31,902 341,416 341,593 1,308,349 1,300,868
DEFICIT BEFORE SUBSIDIES (535,730) (529,959) (67,248) (68,442) (25,439) (25,258) (191,825) (198,219) (820,242) (821,878)
OPERATING SUBSIDIES
Federal 23,830 23,248 2,921 3,085 1,081 1,112 5,851 6,238 33,683 33,683 State 444,474 417,851 55,827 56,849 20,645 20,505 111,829 114,961 632,775 610,166 Local 66,671 62,678 8,374 8,527 3,097 3,076 16,774 17,244 94,916 91,525 Lease CosUDebt Service 25,633 26,171 126 143 33 38 55,809 58,545 81,601 84,897 Other-Route Guarantees 1,122 1,205 -- 583 586 1,562 1,559 3,267 3,350 State and Local Budget Reduction (26,000) -- -- (26,000) TOTAL SUBSIDIES 535,730 531, 153 67,248 68,604 25,439 25,317 191,825 - 198,547 820,242 823,621 SURPLUS AFTER SUBSIDIES $ $ 1,194 $ - $ 162 $ $ 59 $ $ 328 $ $ 1,743 Unrealized Investment Gain/(Loss) - 528 - 31 - 8 - 276 - 843 SURPLUS AFTER INVESTMENT GAIN/(LOSS) $ - ~$~_1,722$ - $ 193 $ - $ 67 $ - $ 604 $ - $ 2,586
Page 1.2 6/18/19 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CONSOLIDATING STATEMENT OF INCOME ONE MONTH ENDED JUNE 1, 2019
(THOUSANDS)
CITY REGIONAL BUDGET VARIANCE TRANSIT VICTORY FRONTIER RAIL TOTAL BUDGET DIVISION DIVISION DIVISION DIVISION SEPTA AMOUNT AMOUNT PERCENT
OPERATING REVENUES
Passenger Revenue $ 28,084 $ 2,393 $ 599 $ 12,740 $ 43,816 $ 45,719 $ (1,903) (4.16) Other Operating Revenue 1,978 226 64 1,154 3,422 3,628 (206) (5.68)
Sub-Total - Operating Revenue 30,062 2,619 663 13,894 47,238 49,347 (2,109) (4.27) Shared Ride Program 1,571 - . . 1,571 1,604 (33) (2.06)
TOTAL REVENUE AVAILABLE FOR OPERATIONS 31,633 2,619 663 13,894 48,809 50,951 (2,142) (4.20)
OPERATING EXPENSES 82,706 9,138 3,094 38,507 133,445 132,374 (1,071) (0.81)
DEFICIT BEFORE SUBSIDIES (51,073) (6,519) (2,431) (24,613) (84,636) (81,423) (3,213) (3.95)
OPERATING SUBSIDIES 49,478 6,302 2,353 24,205 82,338 81,423 915 1.12
DEFICIT SUBSIDIES $ (1,595) $ (217) $ (78) $ (408) $ (2,298) $ - $ (2,298) Unrealized Investment Gain/(Loss) 272 18 5 228 523 - 523 DEFICIT AFTER INVESTMENT GAIN/(LOSS) $ (1,323) $ (199) $ (73) $ (180) $ (1,775) $ - $ (1,775)
Page 1.3 6/18/19 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CONSOLIDATING STATEMENT OF REVENUES AND EXPENSES ONE MONTH ENDED JUNE 1, 2019
(THOUSANDS)
CITY TRANSIT VICTORY FRONTIER REGIONAL RAIL DIVISION DIVISION DIVISION DIVISION TOTAL SEPTA OPERATING REVENUES BUDGET ACTUAL - BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL Passenger Revenue $ 29,063 $ 28,084 $ 2,404 2,393 647 $ 599 $ 13,605 $ 12,740 $ 45,719 $ 43,816 Shared Ride Program 1,604 1,571 - - --- 1,604 1,571 Investment Income 122 80 6 1 2 1 115 108 245 190 Other Income 1,930 1,898 221 225 67 63 1,165 1,046 3,383 __ 3_,232
TOTAL OPERATING REVENUE 32,719 31,633 2,631 2,619 716 663 14,885 13,894 ~951 48,809
OPERATING EXPENSES
Labor, including Paid Absences 42,518 41,078 4,621 4,864 1,804 1,803 13,853 14,567 62,796 62,312 Fringe Benefits 24,707 23,481 2,289 2,057 775 695 7,630 6,845 35,401 33,078 Material & Services 14,670 14,583 1,762 1,787 405 381 9,457 10,176 26,294 26,927 Injuries & Damages 2,098 (1,089) 103 (55) 40 (16) 2,842 4,914 5,083 3,754 Propulsion Power 899 793 98 96 - 1,548 1,396 2,545 2,285 Fixed Rent 264 560 14 12 5 3 206 89 489 664 Fuel 2,317 2,109 376 358 260 224 61 43 3,014 2,734 Depreciation 1,236 1,191 18 19 4 4 494 477 1,752 1,691 Budget Reduction (8,727) 212 - 224 3,291 - (5,000) TOTAL OPERATING EXPENSES 79,982 82,706 9,493 9,138 3,517 3,094 39,382 38,507 132,374 ~445
DEFICIT BEFORE SUBSIDIES (47,263) (51,073) (6,862) (6,519) (2,801) (2,431) (24,497) (24,613) (81,423) (84,636)
OPERATING SUBSIDIES
Federal 2,373 2,220 289 293 110 106 668 821 3,440 3,440 State 44,258 38,433 5,519 5,205 2,095 1,902 12,781 14,766 64,653 60,306 Local 6,639 5,764 828 780 314 286 1,917 2,215 9,698 9,045 Lease Cost/Debt Service 2,618 2,949 14 24 5 6 5,698 6,261 8,335 9,240 Other-Route Guarantees 102 112 -- 53 53 142 142 297 307 State and Local Budget Reduction (8,727) - 212 - 224 - 3,291 - (5,000) TOTAL SUBSIDIES 47,263 49,478 6,862 6,302 2,801 2,353 24,497 24,205 81,423 ~338
DEFICIT AFTER SUBSIDIES $ - $ (1,595) $ - $ (217) $ $ (78) $ - $ (408) $ - $ (2,298) Unrealized Investment Gain/(Loss) - 272 - 18 - 5 - 228 - 523 DEFICIT AFTER INVESTMENT GAIN/CLOSS) $ - $ (1,323) $ - $ (199) $ - $ (73) $ - $ (180) $ - $ (1,775)
Page 1.4 6/18/19 FINANCIAL REPORT - MAY 2019
GROUP 2 - CITY TRANSIT DIVISION
(2.1) Comparative Statement of Income (2.2) Detail Income Statement - (One Month) (2.3) Detail Income Statement - (YTD) SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CITY TRANSIT DIVISION COMPARATIVE STATEMENT OF INCOME PERIOD ENDED JUNE 1, 2019
(THOUSANDS)
ONE MONTH ENDED JUNE 1, 2019 ELEVEN MONTHS ENDED JUNE 1, 2019
THIS YEAR LAST YEAR THIS YEAR LAST YEAR
ACTUAL ACTUAL ACTUAL ACTUAL BETTER/ BETTER/ BETTER/ BETTER/ BUDGET ACTUAL (WORSE) ACTUAL (WORSE) BUDGET ACTUAL (WORSE) ACTUAL (WORSE) AMOUNT-- AMOUNT BUDGET% AMOUNT LAST YEAR% AMOUNT AMOUNT BUDGET% AMOUNT LAST YEAR% OPERATING REVENUES -- $ 29,063 $ 28,084 (3.37) $ 28,832 (2.59) Passenger Revenue $ 269,881 $ 264,965 (182) $ 264,625 0.13 2,052 1,978 (3 61) 3,168 (37.56) Other Operating Revenue 21,568 23,442 8.69 21,629 8.38 31, 115 30,062 (3.38) 32,000 (6.06) Sub-Total - Operating Revenue 291,449 288,407 (1 04) 286,254 0.75
1,604 1,571 (2.06) 1,459 7.68 Shared Ride Program 15,397 14,690 (4.59) 14,959 (1.80) - 32,719 31,633 (3.32) 33,459 (5.46) TOTAL REVENUE AVAILABLE FOR OPERATIONS 306,846 303,097 (1.22) 301,213 0.63
79,982 82,706 (3.41) 78,781 (4.98) OPERATING EXPENSES 842,576 833,056 1.13 806,839 (3.25) (47,263) (51,073) (8.06) (45,322) (12.69) DEFICIT BEFORE SUBSIDIES (535,730) (529,959) 1.08 (505,626) (4.81)
47,263 49,478 4.69 39,938 23.89 OPERATING SUBSIDIES 535,730 531,153 (0.85) 503,118 5.57
(1,595) (5,384) SURPLUS/(DEFICIT) AFTER SUBSIDIES 1,194 (2,508)
272 682 Unrealized Investment Gain/(Loss) 528
$ $ (1,323) $ (4,702) SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS $ $ 1,722 $ (2,508)
6,174 6,000 (2.82) 6,037 (0.61) TOTAL VEHICLE MILES 58,989 58,254 (1.25) 57,570 1.19 494 453 (8.30) 450 0.67 SHARED RIDE PROGRAM IN ABOVE 4,733 4,302 (9.11) 4,370 (1.56)
16,460 15,656 (4.88) 16,157 (3.10) REVENUE PASSENGER JOURNEYS 152,893 145,931 (4.55) 150,301 (2.91) 64 58 (9.38) 57 1.75 SHARED RIDE PROGRAM IN ABOVE 591 544 (7.95) 557 (2.33)
Page 2.1 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CITY TRANSIT DIVISION DETAIL INCOME STATEMENT ONE MONTH ENDED JUNE 1. 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 28,832 $ (748) (2.59) Passenger Revenue $ 29,063 $ 28,084 $ (979) (3.37) 198 (118) (59.60) Investment Income 122 80 (42) (34.43) 2,970 (1,072) (36.09) Other Income 1,930 1,898 (32) (1.66) 32,000 (1,938) (6.06) SUB-TOTAL 31, 115 30,062 (1,053) (3.38) 1,459 112 7.68 Shared Ride Program 1,604 1,571 (33) (2.06) 33,459 (1,826) (5.46)_ TOTAL REVENUE AVAILABLE FOR OPERATIONS 32,719 31,633 (1,086) (3.32)
OPERATING EXPENSES 60,573 (3,986) (6.58) Labor & Fringe Benefits 67,225 64,559 2,666 3.97 13,147 (1.436) (10.92) Material & Services 14,670 14,583 87 0.59 724 1,813 Injuries & Damages 2,098 (1,089) 3,187 869 76 8.75 Propulsion Power 899 793 106 11.79 372 (188) (50.54) Fixed Rent 264 560 (296) 1,921 (188) (9.79) Fuel 2,317 2,109 208 8.98 1,175 (16) (1.36) Depreciation 1,236 1, 191 45 3.64 Budget Reduction (8,727) (8,727) 78,781 (3,925) (4.98) TOTAL OPERATING EXPENSES 79,982 82,706 (2,724) (3.41)
(45,322) (5,751) (12.69) DEFICIT BEFORE SUBSIDIES (47,263) (51,073) (3,810) (8.06)
OPERATING SUBSIDIES 2,449 (229) (9.35) Federal 2,373 2,220 (153) (6.45) 30,264 8,169 26.99 State 44,258 38,433 (5,825) (13.16) 4,540 1,224 26.96 Local 6,639 5,764 (875) (13.18) 2,579 370 14.35 Lease Cost/Debt Service 2,618 2,949 331 12.64 106 6 5.66 Other - Route Guarantees 102 112 10 9.80 State and Local Budget Reduction (8,727) 8,727 39,938 9,540 23.89 TOTAL OPERATING SUBSIDIES 47,263 49,478 2,215 4.69
(5,384) 3,789 70.38 SURPLUS/(DEFICIT) AFTER SUBSIDIES (1,595) (1,595)
682 (410) Unrealized Investment Gain/(Loss) 272 272
$ (4,702) $ 3,379 SURPLUS/(DEFICIT) After Investment Gain/(Loss) $ $ (1,323) $ (1,323)
Page 2.2 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY CITY TRANSIT DIVISION DETAIL INCOME STATEMENT ELEVEN MONTHS ENDED JUNE 1, 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 264,625 $ 340 0.13 Passenger Revenue $ 269,881 $ 264,965 $ (4,916) (1.82) 1,385 246 17.76 Investment Income 1,214 1,631 417 34.35 20,244 1,567 7.74 Other Income 20,354 21,811 1,457 7.16 286,254 2,153 0.75 SUB-TOTAL 291,449 288,407 (3,042) (1.04) 14,959 (269) (1.80) Shared Ride Program 15,397 14,690 (707) (4.59) 301,213 1,884 0.63 TOTAL REVENUE AVAILABLE FOR OPERATIONS 306,846 303,097 (3,749) (1.22)
OPERATING EXPENSES 615,817 (12,352) (2.01) Labor & Fringe Benefits 655,530 628,169 27,361 4.17 130,560 (13,638) (10.45) Material & Services 144,296 144,198 98 0.07 16,665 3,340 20.04 Injuries & Damages 20,145 13,325 6,820 33.85 10,384 142 1.37 Propulsion Power 10,636 10,242 394 3.70 3,421 (1,007) (29.44) Fixed Rent 3,259 4,428 (1,169) (35.87) 17,232 (2,440) (14.16) Fuel 21,184 19,672 1,512 7.14 12,760 (262) (2.05) Depreciation 13,526 13,022 504 3.73 Budget Reduction (26,000) (26,000) 806,839 (26,217) (3.25) TOTAL OPERATING EXPENSES 842,576 833,056 9,520 1.13
(505,626) (24,333) (4.81) DEFICIT BEFORE SUBSIDIES (535,730) (529,959) 5,771 1 08
OPERATING SUBSIDIES 24,072 (824) (3.42) Federal 23,830 23,248 (582) (2.44) 392,970 24,881 6.33 State 444,474 417,851 (26,623) (5.99) 58,946 3,732 6.33 Local 66,671 62,678 (3,993) (5.99) 25,963 208 0.80 Lease Cost/Debt Service 25,633 26,171 538 2.10 1,167 38 3.26 Other - Route Guarantees 1,122 1,205 83 7.40 State and Local Budget Reduction (26,000) 26,000 503, 118 28,035 5.57 TOTAL OPERATING SUBSIDIES 535,730 531, 153 (4,577) (0.85)
(2,5082_ 3,702 SURPLUS/(DEFICIT) AFTER SUBSIDIES 1,194 1,194
528 Unrealized Investment Gain/(Loss) 528 528
$ (2,508) $ 4,230 SURPLUS/(DEFICIT) After Investment Gain/(Loss) $ $ 1,722 $ 1,722
Page 2.3 6/18/2019 FINANCIAL REPORT - MAY 2019
GROUP 3 - VICTORY DIVISION
(3 .1) Comparative Statement of Income (3.2) Detail Income Statement - (One Month) (3.3) Detail Income Statement - (YTD) SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY VICTORY DIVISION COMPARATIVE STATEMENT OF INCOME PERIOD ENDED JUNE 1, 2019
(THOUSANDS)
ONE MONTH ENDED JUNE 1, 2019 ELEVEN MONTHS ENDED JUNE 1, 2019
THIS YEAR LAST YEAR THIS YEAR LAST YEAR
ACTUAL ACTUAL ACTUAL ACTUAL BETTER/ BETTER/ BETTER/ BETTER/ BUDGET ACTUAL (WORSE) ACTUAL (WORSE) BUDGET ACTUAL (WORSE) ACTUAL (WORSE) AMOUNT-- AMOUNT BUDGET% AMOUNT LAST YEAR% AMOUNT AMOUNT BUDGET% --AMOUNT LAST YEAR% OPERATING REVENUES $ 2,404 $ 2,393 (0.46) $ 2,435 (1.72) Passenger Revenue $ 22,602 $ 23,149 2.42 $ 22,775 1.64 227 226 (0.44) 250 (9.60) Other Operating Revenue 2,301 2,726 18.47 2,284 19.35
2,631 2,619 (0.46) 2,685 (2.46) TOTAL REVENUE AVAILABLE FOR OPERATIONS 24,903 25,875 3.90 25,059 3.26
--9,493 9,138 3.74 8,760 (4.32) OPERATING EXPENSES 92,151 94,317 (2.35) 89,593 (5.27) (6,862) (6,519) 5.00 (6,075) (7.31) DEFICIT BEFORE SUBSIDIES (67,248) (68,442) (1.78) (64,534) (6.06)
6,862 6,302 (8.16) 6,302 OPERATING SUBSIDIES 67,248 68,604 2.02 67,078 2.27
(217) 227 SURPLUS/(DEFICIT) AFTER SUBSIDIES 162 2,544
18 6 Unrealized Investment Gain/(Loss) 31 (36) - - $ $ (199) $ 233 SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ 193 $ 2,508
1,138 1,123 (1.32) 1,113 0.90 TOTAL VEHICLE MILES 10,842 10,604 (2.20) 10,652 (0.45)
1,296 1,270 (2.01) 1,285 (1.17) REVENUE PASSENGER JOURNEYS 12,036 11,986 (0.42) 12,098 (0.93)
Page 3.1 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY VICTORY DIVISION DETAIL INCOME STATEMENT ONE MONTH ENDED JUNE 1, 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 2,435 $ (42) (1.72) Passenger Revenue $ 2.404 $ 2,393 $ (11) (0.46) 5 (4) (80.00) Investment Income 6 1 (5) (83.33) 245 (20) (8.16) Other Income 221 225 4 1.81 2,685 (662_ (2.46) TOTAL REVENUE AVAILABLE FOR OPERATIONS 2,631 2,619 (12) (0.46)
OPERATING EXPENSES 6,499 (422) (6.49) Labor & Fringe Benefits 6,910 6,921 (11) (0.16) 1,790 3 0.17 Material & Services 1,762 1,787 (25) (1.42) 29 84 Injuries & Damages 103 (55) 158 95 (1) (1.05) Propulsion Power 98 96 2 2.04 14 2 14.29 Fixed Rent 14 12 2 14.29 315 (43) (13.65) Fuel 376 358 18 4.79 18 1 5.56 Depreciation 18 19 (1) (5.56) Budget Reduction 212 212 8,760 (3782_ (4.32) TOTAL OPERATING EXPENSES 9.493 9,138 355 3.74
(6,075) (4442_ (7.31) DEFICIT BEFORE SUBSIDIES (6,862) (6,519) 343 5.00
OPERATING SUBSIDIES 338 (45) (13.31) Federal 289 293 4 1.38 5,174 31 0.60 State 5,519 5,205 (314) (5 69) 776 4 0.52 Local 828 780 (48) (5 80) 14 10 71.43 Lease Cost/Debt Service 14 24 10 71.43 Other - Route Guarantees State and Local Budget Reduction 212 (212) 6,302 TOTAL OPERATING SUBSIDIES 6,862 6,302 (560) (8.16)
227 (444) SURPLUS/(DEFICIT) AFTER SUBSIDIES (217) (217)
6 12 Unrealized Investment Gain/(Loss) 18 18
$ 233 $ (432) SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ (199) $ (199)
Page 3.2 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY VICTORY DIVISION DETAIL INCOME STATEMENT ELEVEN MONTHS ENDED JUNE 1, 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 22,775 $ 374 1.64 Passenger Revenue $ 22,602 $ 23, 149 $ 547 2.42 64 5 7.81 Investment Income 59 69 10 16.95 2,220 437 19.68 Other Income 2,242 2,657 415 18.51 25,059 816 3.26 TOTAL REVENUE AVAILABLE FOR OPERATIONS ~903 25,875 972 3.90
OPERATING EXPENSES 66,919 (3,317) (4.96) Labor & Fringe Benefits 67,390 70,236 (2,846) (4.22) 17,563 (1,023) (5.82) Material & Services 18,852 18,586 266 1.41 772 126 16.32 Injuries & Damages 986 646 340 34.48 1,119 (50) (4.47) Propulsion Power 1,134 1, 169 (35) (3.09) 144 (27) (18.75) Fixed Rent 157 171 (14) (8.92) 2,885 (420) (14.56) Fuel 3,430 3,305 125 3.64 191 (13) (6.81) Depreciation 202 204 (2) (0.99) ------Budget Reduction 89,593 (4,724) (5.27) TOTAL OPERATING EXPENSES 92,151 94,317 (2,166) (2.35)
(64,534) (3,908) (6.06) DEFICIT BEFORE SUBSIDIES (67,248) (68,442) (1,194) (1.78)
OPERATING SUBSIDIES 3,082 3 0.10 Federal 2,921 3,085 164 5.61 55,527 1,322 2.38 State 55,827 56,849 1,022 1.83 8,329 198 2.38 Local 8,374 8,527 153 1.83 140 3 2.14 Lease Cost/Debt Service 126 143 17 13.49 Other - Route Guarantees State and Local Budget Reduction 67,078 1,526 2.27 TOTAL OPERATING SUBSIDIES 67,248 68,604 1,356 2.02
2,544 (2,382) 93.63 SURPLUS/(DEFICIT) AFTER SUBSIDIES 162 162
(36) 67 Unrealized Investment Gain/(Loss) 31 31
$ 2,508 $ (2,315) SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ 193 $ 193
Page 3.3 6/18/2019 FINANCIAL REPORT - MAY 2019
GROUP 4 - FRONTIER DIVISION
(4.1) Comparative Statement of Income (4.2) Detail Income Statement - (One Month) (4.3) Detail Income Statement - (YTD) SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY FRONTIER DIVISION COMPARATIVE STATEMENT OF INCOME PERIOD ENDED JUNE 1. 2019
(THOUSANDS)
ONE MONTH ENDED JUNE 1, 2019 ELEVEN MONTHS ENDED JUNE 1, 2019
THIS YEAR LAST YEAR THIS YEAR LAST YEAR
ACTUAL ACTUAL ACTUAL ACTUAL BETTER/ BETTER/ BETTER/ BETTER/ BUDGET ACTUAL (WORSE) ACTUAL (WORSE) BUDGET ACTUAL (WORSE) ACTUAL (WORSE) AMOUNT--- AMOUNT BUDGET% AMOUNT LAST YEAR% AMOUNT AMOUNT BUDGET% AMOUNT LAST YEAR% OPERATING REVENUES -- $ 647 $ 599 (7.35) $ 618 (3.00) Passenger Revenue $ 6,059 $ 5,939 (1.97) $ 5,820 2.05 69 64 (7.27) 65 (1.56) Other Operating Revenue 708 705 (0.43) 641 9.98
716 663 (7.34) 683 (2.86) TOTAL REVENUE AVAILABLE FOR OPERATIONS 6,767 6,644 (1.81) 6,461 2.84
3,517 3,094 12.02 2,987 (3.60) OPERATING EXPENSES 32,206 31,902 0.94 31,099 (2.58) -- (2.52) (2,801) (2,431) 13.21 (2,304) (5.51) DEFICIT BEFORE SUBSIDIES (25,439) (25,258) 0.71 (24,638)
2,801 2,353 (15.98) 3,131 (24.84) OPERATING SUBSIDIES 25,439 25,317 (0.48) 26,281 (3.67)
(78) 827 SURPLUS/(DEFICIT) AFTER SUBSIDIES 59 1,643
5 2 Unrealized Investment Gain/(Loss) 8 (9)
$ $ (73) $ 829 SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ 67 $ 1,634
527 535 1.52 546 (2.01) TOTAL VEHICLE MILES 5,080 5,152 1.42 5,104 0.94
315 307 (2.54) 317 (3.15) REVENUE PASSENGER JOURNEYS 2,944 2,990 1.56 2,962 0.95
Page 4. 1 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY FRONTIER DIVISION DETAIL INCOME STATEMENT ONE MONTH ENDED JUNE 1, 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 618 $ (19) (3.00) Passenger Revenue $ 647 $ 599 $ (48) (7 35) (0) (2.93) Investment Income 2 1 (1) (51.46) 64 (1) (1.54) Other Income 67 63 (4) (5.95) - 683 (20) (2.86) TOTAL REVENUE AVAILABLE FOR OPERATIONS 716 663 (53) (7.34)
OPERATING EXPENSES 2,349 (149) (6.36) Labor & Fringe Benefits 2,579 2,498 81 3.13 395 14 3.54 Material & Services 405 381 24 5.93 25 41 Injuries & Damages 40 (16) 56 5 2 40.00 Fixed Rent 5 3 2 40.00 209 (15) (7.18) Fuel 260 224 36 13.85 4 Depreciation 4 4 -- 3,094 423 12.02 2,987 (107) (3.60) TOTAL OPERATING EXPENSES 3,517
(2,3042_ (127) (5.51) DEFICIT BEFORE SUBSIDIES (2,801) (2,431) 370 13.21
OPERATING SUBSIDIES 126 (20) (15.79) Federal 110 106 (4) (3.55) 2,565 (663) (25.83) State 2,095 1,902 (193) (9.19) 385 (99) (25.77) Local 314 286 (28) (8.98) 3 3 Lease Cost/Debt Service 5 6 1 20.00 52 1 1.92 Other - Route Guarantees 53 53 State and Local Budget Reduction 224 (224) -----·--·-- 3,131 (778) (24.84) TOTAL OPERATING SUBSIDIES 2,801 2,353 (448) (15.98)
827 (905) SURPLUS/(DEFICIT) AFTER SUBSIDIES (78) (78)
2 3 Unrealized Investment Gain/(Loss) 5 5
$ 829 $ (902) SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS $ $ (73) $ (73)
Page 4.2 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY FRONTIER DIVISION DETAIL INCOME STATEMENT ELEVEN MONTHS ENDED JUNE 1, 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 5,820 $ 119 2.05 Passenger Revenue $ 6,059 $ 5,939 $ (120) (1.97) 19 3 15.64 Investment Income 15 22 7 46.47 --622 61 9.81 Other Income 693 683 (10) (1.44) 6,461 183 2.84 TOTAL REVENUE AVAILABLE FOR OPERATIONS 6,767 6,644 (123) (1.81)
OPERATING EXPENSES 24,920 (367) (1.47) Labor & Fringe Benefits 25,267 25,287 (20) (0.08) 3,825 (223) (5.83) Material & Services 4,093 4,048 45 1.10 406 131 32.27 Injuries & Damages 384 275 109 28.39 49 (5) (10.20) Fixed Rent 55 54 1 1.82 1,854 (336) (18.12) Fuel 2,363 2,190 173 7.32 45 (3) (6.67) Depreciation 44 48 (4) (9.09) Budget Reduction 31,099 (803) (2.58) TOTAL OPERATING EXPENSES 32,206 31,902 304 0.94
(24,638) (620) (2.52) DEFICIT BEFORE SUBSIDIES (25,439) (25,258) 181 0.71
OPERATING SUBSIDIES 1, 160 (48) (4.13) Federal 1,081 1,112 31 2.88 21,310 (805) (3.78) State 20,645 20,505 (140) (0.68) 3.197 (121) (3.79) Local 3,097 3,076 (21) (0.68) 37 1 2.70 Lease Cost/Debt Service 33 38 5 15.15 577 9 1.56 Other - Route Guarantees 583 586 3 0.51 State and Local Budget Reduction 26,281 (9642_ (3.67) TOTAL OPERATING SUBSIDIES 25,439 25,317 (122) (0.48)
1,643 (1,584) 96.39 SURPLUS/(DEFICIT) AFTER SUBSIDIES 59 59
(9) 17 Unrealized Investment Gain/(Loss) 8 8
$ 1,634 $ (1,567) SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS $ $ 67 $ 67
Page 4.3 6/18/2019 FINANCIAL REPORT - MAY 2019
GROUP 5 - REGIONAL RAIL DIVISION
( 5 .1) Comparative Statement of Income (5.2) Detail Income Statement - (One Month) (5.3) Detail Income Statement - (YID) SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY REGIONAL RAIL DIVISION COMPARATIVE STATEMENT OF INCOME PERIOD ENDED JUNE 1, 2019
(THOUSANDS)
ONE MONTH ENDED JUNE 1, 2019 ELEVEN MONTHS ENDED JUNE 1, 2019
THIS YEAR LAST YEAR THIS YEAR LAST YEAR
ACTUAL ACTUAL ACTUAL ACTUAL BETTER/ BETTER/ BETTER/ BETTER/ BUDGET ACTUAL (WORSE) ACTUAL (WORSE) BUDGET ACTUAL (WORSE) ACTUAL (WORSE) AMOUNT-- AMOUNT BUDGET% AMOUNT LAST YEAR% AMOUNT AMOUNT BUDGET% AMOUNT LAST YEAR% OPERATING REVENUES $ 13,605 $ 12,740 (6.36) $ 13,817 (7.79) Passenger Revenue $ 136,333 $ 130,150 (4.54) $ 133,449 (2.47) 1,280 1,154 (9.84) 1,247 (7.46) Other Operating Revenue 13,258 13,224 (0.26) 13,507 (2.10)
14,885 13,894 (6.66) 15,064 (7.77) TOTAL REVENUE AVAILABLE FOR OPERATIONS 149,591 143,374 (4.16) 146,956 (2.44)
39,382 38,507 2.22 28,180 (36.65) OPERATING EXPENSES 341,416 341,593 (0.05) 327,095 (4.43) (24,497)-- (24,613) (0.47) (13,116) (87.66) DEFICIT BEFORE SUBSIDIES (191,825) (198,219) (3.33) (180,139) (10.04)
24,497 24,205 (1.19) 13,902 74.11 OPERATING SUBSIDIES 191,825 198,547 3.50 181,085 9.64
(408) 786 SURPLUS/(DEFICIT) AFTER SUBSIDIES 328 946
228 (14) Unrealized Investment Gain/(Loss) 276 - (452) - - $ $ (180) $ 772 SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ 604 $ 494
2,056 2,057 0.05 1,987 3.52 TOTAL VEHICLE MILES 19,918 19,579 (1.70) 19,532 0.24
3,412 3,294 (3.46) 3,565 (7.60) REVENUE PASSENGER JOURNEYS 32,455 31,588 (2.67) 32,052 (1.45)
Page 5. 1 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY REGIONAL RAIL DIVISION DETAIL INCOME STATEMENT ONE MONTH ENDED JUNE 1, 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT --AMOUNT % OPERATING REVENUES $ 13,817 $ (1,077) (7.79) Passenger Revenue $ 13,605 $ 12,740 $ (865) (6.36) 172 (64) (37.21) Investment Income 115 108 (7) (6.09) 1,075 (29) (2.70) Other Income 1,165 1,046 (119) (10.21) 15,064 (1,170) (7.77) TOTAL REVENUE AVAILABLE FOR OPERATIONS 14,885 13,894 (991) (6.66)
OPERA TING EXPENSES 19,374 (2,038) (10.52) Labor & Fringe Benefits 21,483 21,412 71 0.33 6,793 (3,383) (49.80) Material & Services 9,457 10, 176 (719) (7.60) 51 (4,863) Injuries & Damages 2,842 4,914 (2,072) (72.91) 1,384 (12) (0.87) Propulsion Power 1,548 1,396 152 9.82 121 32 26.45 Fixed Rent 206 89 117 56.80 7 (36) Fuel 61 43 18 29.51 450 (27) (6.00) Depreciation 494 477 17 3.44 Budget Reduction 3,291 3,291 28, 180 (10,327) (36.65) TOTAL OPERATING EXPENSES 39,382 38,507 875 2.22
(13,116) (11,497) (87.66) DEFICIT BEFORE SUBSIDIES (24,497) (24,613) (116) (0.47)
OPERATING SUBSIDIES 442 379 85.75 Federal 668 821 153 22.90 7,288 7,478 State 12,781 14,766 1,985 15.53 1,091 1, 124 Local 1,917 2,215 298 15.55 4,956 1,305 26.33 Lease CosUDebt Service 5,698 6,261 563 9.88 125 17 13.60 Other - Route Guarantees 142 142 State and Local Budget Reduction 3,291 (3,291) 13,902 10,303 74.11 TOTAL OPERATING SUBSIDIES 24,497 24,205 __ (292) (1.19)
786 (1,194) SURPLUS/(DEFICIT) AFTER SUBSIDIES (408) (408) -
(14) 242 Unrealized Investment Gain/(Loss) 228 228
$ 772 $ (952) SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ (180) $ (180)
Page 5.2 6/18/2019 SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY REGIONAL RAIL DIVISION DETAIL INCOME STATEMENT ELEVEN MONTHS ENDED JUNE 1. 2019
(THOUSANDS)
THIS YEAR ACTUAL THIS YEAR THIS YEAR ACTUAL LAST YEAR BETTER (WORSE) LAST YEAR BUDGET ACTUAL BETTER (WORSE) BUDGET AMOUNT AMOUNT % AMOUNT AMOUNT AMOUNT %
OPERATING REVENUES $ 133,449 $ (3,299) (2.47) Passenger Revenue $ 136,333 $ 130,150 $ (6,183) (4.54) 1,337 74 5.53 Investment Income 1,170 1,411 241 20.60 12,170 (357) (2.93) Other Income 12,088 11,813 (275) (2.27) 146,956 (3,582) (2.44) TOTAL REVENUE AVAILABLE FOR OPERATIONS 149,591 143,374 (6,217) (4.16)
OPERATING EXPENSES 198,864 (10,223) (5.14) Labor & Fringe Benefits 206,085 209,087 (3,002) (1.46) 101,078 (5,841) (5.78) Material & Services 106,352 106,919 (567) (0.53) 3,806 1, 196 31.42 Injuries & Damages 4,790 2,610 2,180 45.51 16,053 (112) (0.70) Propulsion Power 17,045 16, 165 880 5.16 1,130 (15) (1.33) Fixed Rent 1,936 1,145 791 40.86 378 (52) (13.76) Fuel 587 430 157 26.75 5,786 549 9.49 Depreciation 4,621 5,237 (616) (13.33) Budget Reduction 327,095 (14,498) (4.43) TOTAL OPERATING EXPENSES 341.416 341,593 (177) (0.05)
(180,139) (18,080) (10.04) DEFICIT BEFORE SUBSIDIES (191,825) (198,219) (6,394) (3.33)
OPERATING SUBSIDIES 6,696 (458) (6.84) Federal 5,851 6,238 387 6.61 103,608 11.353 10.96 State 111,829 114,961 3,132 2.80 15,540 1,704 10.97 Local 16,774 17,244 470 2.80 53,953 4,592 8.51 Lease Cost/Debt Service 55,809 58,545 2,736 4.90 1,288 271 21 04 Other - Route Guarantees 1,562 1,559 (3) (0.19) State and Local Budget Reduction 181,085 17,462 9.64 TOTAL OPERATING SUBSIDIES 191,825 198,547 6,722 3.50 946 (618) 65.33 SURPLUS/(DEFICIT) AFTER SUBSIDIES 328 --- 328 (452) 728 Unrealized Investment Gain/(Loss) 276 276
$ 494 $ 110 SURPLUS/(DEFICIT) AFTER INVESTMENT GAIN/(LOSS) $ $ 604 $ 604
Page 5.3 6/18/2019 City of Philadelphia 4> EXHIBIT "B"
(Bill No. 180943)
AN ORDINANCE
Amending Chapter 9-1100 of The Philadelphia Code, entitled "Fair Practices Ordinance: Protections Against Unlawful Discrimination," by adding a new section prohibiting retail establishments from refusing to accept cash as a form of payment, all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 9-1100 of The Philadelphia Code is amended to read as follows:
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION.
* * *
§ 9-1132. Cashless Retail Prohibition.
(1) A person selling or offering for sale consumer goods or services at retail is prohibited from refusing to accept cash as a form ofpayment to purchase goods or services. A person selling or offering for sale goods or services at retail shall not:
a. Refuse to accept cash as a form ofpayment;
b. Post signs on the premises that cash payment is not accepted;
c. Charge a higher price to customers who pay cash than they would pay using any other form ofpayment.
(2) For purposes ofthis Section 9-1132, "at retail" shall include any retail transaction conducted in person and shall exclude
a. any telephone, mail, or internet transactions,'
b. parking lots and parking garages;
c. transactions at wholesale clubs that sell consumer goods and services through a membership model;
City of Philadelphia - 1 - City of Philadelphia
BILL NO. 180943 continued Certified Copy
d. transactions at retail stores selling consumer goods exclusively through a membership model that requires payment by means of an affiliated mobile device application;
e. transactions for the rental of consumers goods, services, or accommodations for which posting ofcollateral or security is typically required;
f consumer goods or services provided exclusively to employees and others authorized to be on the employer's premises.
(3) Violations ofthis Section shall be subject to penalties set forth in Section 9-1121 (1).
(4) The Commission is authorized to promulgate and issue such regulations as are necessary or appropriate to implement the provisions ofthis section. * * *
SECTION 2. This Ordinance shall take effect July 1, 2019.
Explanation:
Italics indicate new matter added.
City of Philadelphia -2- City of Philadelphia
BILL NO. 180943 continued Certified Copy
City of Philadelphia - 3 - City of Philadelphia
BILL NO. 180943 continued Certified Copy
CERTIFICATION: This is a true and correct copy of the original Bill, Passed by the City Council on February 14, 2019. The Bill was Signed by the Mayor on February 27, 2019.
;1W~t1 jl).uLc Michael A. Decker Chief Clerk of the City Council
City of Philadelphia -4- 6/26/2019 SEPTA I Cash, Tokens, Transfers
(!tSEPTA Southeastern Pennsylvania Transportation Authority Serving Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties
Cash, Tokens, Transfers
When riding on a City or Suburban Transit service, exact fare must be used. On Regional Rail, the Conductor will make change for a cash sale but please remember, the on-board fare is higher than the cost of a pre-purchased fare.
Cash
TRANSIT: (For all bus, trackless trolley, subway, and trolley) $2.50. Exact Cash Fare ONLY - Operators and Cashiers will not make change.
PARATRANSIT & SHARED RIDE SERVICES: $4.25
REGIONAL RAIL: Fares are based on zones. Knowing the zone of the station you are boarding and traveling to will help you determine the correct fare. Refer to the SEPTA Regional Rail System and Zones map. Cash not accepted for PM Weekday travel (Monday-Friday 3:00 - 7:00 p.m.) from Temple, Jefferson, Suburban, 30th St, or University City. Effective July 8, 2019, $50/$100 bills no longer accepted for on board cash sales. $20.00 is the largest denomination that will be accepted.
Tokens and Transfers Tokens
Tokens are no longer available for purchase as part of the full transition to the SEPTA Key fare program.
Please visit www.segtakev..org to learn about the SEPTA Key Card, and the Travel Wallet feature.
SEPTA Key Cards are available at over 500 locations. For a complete list of SEPTA kiosks and Key sales locations, please visit the Sales Locations pagg.
CCT customers can continue to buy Tokens at SEPTA Transit Sales Offices by presenting their current CCT Card at the time of purchase.
Customers can continue to use Tokens to pay for travel on bus, subway, trolley, and trackless trolley.
Transfers
Customers must have a SEPTA Key Card with money loaded on the Travel Wallet to pay for and use a transfer ($1.00}. Customers eligible for the Reduced Fare program must have a SEPTA Key Reduced Fare Card with money loaded on the Travel Wallet to pay for and use a transfer ($.50). Read more
Fare Interchanges
There are three locations where customers may transfer between services. Signs and announcements often refer to this as a free interchange.
• 15th Street/City: Hall Station provides a free interchange between the Market-Frankford Line, Broad Street Line and Trolley Lines • 13th Street/JuniP-er Station provides a free interchange between the Market-Frankford Line and Trolley Lines
www.septa.org/fares/transiUindex.html#tokens 1/2 Draft COMPLAINT AND PETITION FOR WRIT OF MANDAMUS
Introduction
1. Every day, hundreds of individuals have their rights violated by the South
Eastern Pennsylvania Transit Authority's (SEPTA} decision to flagrantly ignore
Philadelphia's law that requires all retail entities to accept legal tender ("cash"} for purchases. The law, which was duly passed by the Council of the City of
Philadelphia and signed by the Honorable Mayor of the City of Philadelphia on
February 27, 2019 states:
(1) A person selling or offering for sale consumer goods or services at retail
is prohibited from refusing to accept cash as a form of payment to
purchase goods or services. A person selling or offering for sale goods or
services at retail shall not:
a. Refuse to accept cash as a form of payment; b. Post signs on the premises that cash payment is not accepted; c. Charge a higher price to customers who pay cash than they would pay using any other form of payment.
(2) For purposes of this Section 9-1132, "at retail" shall include any retail transaction conducted in person and shall exclude a. any telephone, mail, or internet transactions; b. parking lots and parking garages; c. transactions at wholesale clubs that sell consumer goods and services through a membership model;
2. SEPTA is well aware of the new law, having been given copies of it at SEPTA
board meetings; two members of the Board serve as Philadelphia's
representatives to the Board and are appointed by the Honorable Mayor
who signed the law that makes it illegal to discriminate against people who 2 choose to use legal tender, not a debit or credit card to pay for goods and services, into law.
3. As a result of SEPTA1s decision to flagrantly ignore the law, riders, including petitioner, must pay$ 2.50 for a transfer, which costs$ 1.00 when purchased with a debit card, despite the law, when: A rider does not have a debit card or have a debit card with them; and/or there is an insufficient balance on the debit card to pay for the transfer, which happens primarily because there is no 11 low balance warning11 when the debit card is used to purchase a ride on SEPTA.
4. With modest changes SEPTA could follow the City of Philadelphia 1s law and accept legal tender as SEPTA already accepts cash, so there would be no need to retro fit any of the buses, subways, subway surface cars or trolley1s to accept legal tender.
5. The City of Philadelphia through request made to its SEPTA board members has been asked to enforce the City1s law.
6. To date, SEPTA has refused to follow the law and the City of Philadelphia has refused to enforced the law, forcing tens of thousands of poor and working Philadelphian 1s to be deprived of their right to equal protection of the City 1s law and forced to pay an additional $ 1.50 every time they purchase a transfer using legal tender, in clear violation of the law which states unequivally, there can be no sur charge for consumers paying with legal tender.
3 7. Petitioner has no alternative path to relief and, therefore, respectfully asks this Court to issue a Writ of Mandamus requiring the City of
Philadelphia to equally and justly enforce its own law. In particular,
Petitioner seeks a Writ directing Respondents to give SEPTA 30 days notice that the new law will be enforced, that a public authority, like SEPTA must follow the same law as private, for profit businesses must; and that if SEPTA does not, the City will hold the individual SEPTA board members accountable so that no riders 1 money is used to pay the fines and/or costs SEPTA will incurred because the SEPTA board believes it is above the law.
JURISDICTION
8. This Court has "original but not exclusive jurisdiction of all cases of mandamus or prohibition to courts of inferior jurisdiction.11 42 Pa. Cons. Stat.
§721(2}. Where no appeal is pending before the Commonwealth Court of
Pennsylvania or the Superior Court of Pennsylvania, this Court1s jurisdiction to issue a writ of mandamus to an inferior tribunal is exclusive. See Mun.
Pub/1ns, Inc. v Court of Common Pleas, 489 A.2d 1286, 1288 (Pa. 1985};
Commonwealth ex rel. Stedman v. Duncan, 147A.3d 57, 62 (Pa. Commw. Ct.
2016} (en bane}. These principles extend to writs of mandamus directed at judicial officers of inferior tribunals. Kneller v. Stewart, 112 A.3d 1269, 1271
(Pa. Commw. Ct. 2015). This Court has exclusive jurisdiction over this petition for a writ of mandamus
4 9. The Pennsylvania Supreme Court's decisions in SEPTA v City of Philadelphia
(101 A.3d 79, 88 (Pa. 2014) ("SEPTA Ill")) and in Ogontz Neighborhood
Association vs The Philadelphia Human Relations Commission, (Ogontz, 483
A.2d at 452) is not controlling. Pennsylvania Supreme Court JUSTICE WECHT
writes:" In SEPTA v. City of Philadelphia, 101 A.3d 79, 88 (Pa. 2014) ("SEPTA
Ill"), this Court recognized that, where a Commonwealth agency challenges a
municipality's exercise of authority, the Ogontz test applies to resolve the
conflict between the two instrumentalities of the state. See Ogontz, 483 A.2d
at 452 (holding that conflict between Commonwealth agency and
municipality is "not a contest between superior and inferior government
entities, but instead a contest between two instrumentalities of the state.").
We have explained the test as follows: The first step requires the reviewing
court to determine, through examination of the statutes, which
governmental entity, if any, the General Assembly expressly intended to be
preeminent D In the event there is no such express legislative mandate, the
second step requires the court "to determine legislative intent as to which
agency is to prevail D turn[ing] to the statutory construction rule that
legislative intent may be determined by a consideration, inter alia, of the
consequences of a particular interpretation." .. "I do not suggest that
sovereign immunity extends beyond suits for damages, recovery of property,
or mandatory injunctive relief"
10. As Philadelphia is a City of the First Class, the presumption is that the City
has a right to pass and enforce its own laws, unless the law is preempted by
state law.
5 11. As the City's Law is simply a modernization and reinforcement of the State
Law the CASH CONSUMER PROTECTION ACTC 1.12 Act of Jul.6, 1984,P.L.642,
No.132; Ogontz and SEPTA are not controlling and the City of Philadelphia
must, under the equal protection law, enforce its laws equally, as decided in
Kroger Co. v. O'Hara Township (Pa. 1978). The City of Philadelphia cannot
and must not allow authorities to flaunt a law that a private business would
be prosecuted for ignoring.
Parties
12. Petitioner is Lance Haver, a SEPTA rider who resides in the City of
Philadelphia; as a resident is entitled to the equal protection and the
equitable enforcement of all City Laws.
13. Defendant is the City of Philadelphia, a City of the First Class in the
Commonwealth of Pennsylvania.
Legal Framework
14. In 1978, The Pennsylvania Supreme Court in Kroger Co. Vs O'Harah
Township 481 Pa. 101392 A.2d 266, ruled that Equal Protection Clauses of
the United States and Pennsylvania Constitution applied to commercial
transactions writing: "Since we find the Sunday Trading Laws to be
violative of the equal protection guarantees of the Pennsylvania
Constitution we find it unnecessary to address these other issues.
6 15. In 1984 The Pennsylvania Legislature recognized the discriminatory
nature of allowing retailers to require Credit Cards for transactions, outlawed the practice in the CASH CONSUMER PROTECTION ACT C 1.12
Actof Jul.6, 1984,P.L.642,No.132
16. On August pt of 2018, SEPTA began refusing to sell public Transit transfers for legal tender (cash) and required the riding public to either
have a debit card or pay 150% penalty in the cost of the transfer($ 1.00 with a debit card;$ 2.50 with legal tender)
17. The Honorable Mayor of the City of Philadelphia and the members of the Council of the City of Philadelphia were made aware of the decision by
SEPTA to refuse legal tender for transit transfers.
18. From stories and comments in the Philadelphia Inquirer the Mayor and the Council, Councilmembers and the Mayor were aware of the burden SEPTA's decision placed on riders who did not have Key Cards and for various reasons were unable to obtain one.
19. On Tuesday February 5th, 2019, Philadelphia's City Council heard from residents that requiring consumers to purchase goods or services with credit or debit cards is discriminatory and an unfair burden for those who are un or under banked.
20. The Testimony presented was so compelling that Philadelphia City
Council passed the bill and the Mayor of the City of Philadelphia signed the bill into law on or about February 28th with the law taking effect on July 1st,
2019
21. While there are exemptions in the law, there is no exemption from the law for SEPTA.
7 Cause of Action: Mandamus
22. Petitioners incorporate by reference the preceding paragraphs of the complaint as if pleaded in full.
23. "Mandamus is an extraordinary remedy designed to compel official performance of a ministerial act or mandatory duty.... " Cty. of Allegheny v.
Commonwealth, 490 A.2d 402, 408 (Pa. 1985). To justify the use of this remedy,
Petitioner must demonstrate "a clear legal right to relief, a corresponding duty to act in the defendant, and the lack of any other adequate remedy." Medico v.
Makowski, 793 A.2d 167, 169 (Pa. Commw. Ct. 2002).
26. Petitioner has a clear right to relief. Individual named Petitioner and tens of thousands of others are harmed by the City of Philadelphia's failure to act.
8 27. Respondent has a duty to act. The issue before the court is not if the City will or will not be successful in its attempt to enforce its duly enacted law; but does the City of Philadelphia have an obligation to treat everyone equally? Do the Citizens of Philadelphia have a rightful expectation of equal protection under the law, that Citizens will be protected not just from a small mom and pop store and/or national businesses, but also from authorities and other governmental departments and agencies?
28. Petitioners have no other adequate remedy at law or equity that can protect their rights and interests. As described above, Respondent has been on notice about its ongoing failure to comply with the rules.
Despite this notice and repeated calls for compliance, Respondent has continued to ignore its mandatory duties.
29. As Respondent has refused to protect its citizens from an entity claiming to be "above the law" mandamus is the appropriate remedy under Pennsylvania law to compel Respondents to comply with the rules going forward.
9 Prayer for Relief
WHEREFORE, Petitioners request that this Honorable Court:
Exercise original jurisdiction over this matter;
a. Order the City of Philadelphia to enforce its own law and hold SEPTA
board members individually responsible for the decision to ignore the
law. d. Order any other such relief deemed appropriate by the Court.
Respectfully submitted,
10 .··· ._ ~ ~~· ;-j/)!le c L c Id )S/(?r '/J-7h CJ rD~ EXHIBIT "C" ~