Planning and Service Coordination Committee Meeting Thursday, June 22, 2017 12:00 PM Regional Transit Authority of Southeast Michigan 1001 Woodward Ave., Suite 1400 Detroit, MI 48226 AGENDA 1. 2. 3. 4. 5. 6. 7.
Call to order Approval of Agenda Approval of May 11, 2017 Meeting Summary Public Comment RTA/SMART Fourth Reflex Agreement - Action New Business Adjourn
The Committee may, at its discretion, revise this agenda or take up any other issues as need and time allow. Request for reasonable accommodations at RTA meetings require advance reservations. Individuals with disabilities requiring assistance should contact RTA Information Services at least 48 hours in advance of the meeting. Contact Virginia Lickliter at 313-402-1020. Documents and information are available in a variety of formats. Contact the RTA Information Center at [email protected]
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Regional Transit Authority of Southeast Michigan | 1001 Woodward Avenue, suite 1400, Detroit, MI 48226 | 313 402 1020
Proposed Meeting Summary Regional Transit Authority Planning and Service Coordination Committee Thursday, May 11, 2017
1. Call to order 12:07 PM Committee Members Present: Alma Smith, acting Chair; Chuck Moss; Tom Kelly (via conference call); Donald Morandini (via conference call) RTA Representatives Present: Tiffany Gunter; Virginia Lickliter; Lucas Reigstad Other meeting participants: Ben Stupka, WSP/Parsons Brinckerhoff 2. Approval of Agenda Moved by Chuck Moss and supported by Alma Smith approve the agenda. Approved unanimously. 3. Approval of the April 13, 2017 Meeting Summary Moved by Chuck Moss and supported by Tom Kelly to approve the April 13, 2017 Meeting Summary. Ms. Smith noted that Chuck Moss should be included in the list of committee members in attendance. Approved unanimously as amended. 4. Public Comments There were none. 5. 5310 Funding and Proposed Projects Ben Stupka presented the FY2017 5310 Project Information as supplied in the meeting packet. Tom Kelly asked how the funds are divided among the providers. Mr. Stupka replied that applications were received from all of the eligible transit agencies and funds are divided based on the urbanized area recommended amount. For the Detroit Urbanized Area, regional priority was identified and the decision was made to move forward with the regional One Click/One Call service as a regional priority. The amounts for the other projects were negotiated with the transit agencies.
Mr. Kelly asked if the Q-Line beginning operations would have an effect on 5310 funding. Mr. Stupka stated that the allocation of funds is based more on population than the modes of transit. Mr. Stupka stated that there are other funding programs in which the operation of the Q-Line could affect the available funding. Donald Morandini asked if there was discussion of the projects at the Providers Advisory Council meeting. Mr. Stupka stated that the RTA taking on a regional priority is new territory for the RTA. The consensus at the meeting was to allow the providers to make decisions within their funding. Mr. Stupka stated that there is a little less funding for AAATA and SMART then they have gotten the last few years but overall the providers understand that the One Click/One Call service is a regional priority. Mr. Stupka stated that this process has help the RTA leadership to understand the services currently provided and lends itself to establishing a regional coordinated human services plan in the future. Moved by Tom Kelly and supported by Donald Morandini to recommend the FY2017 5310 Projects to the full Board for approval. Recommended unanimously. 6. New Business There was none. 7. Meeting adjourned at 12:30 PM
FOURTH REFLEX AGREEMENT BETWEEN THE REGIONAL TRANSIT AUTHORITY FOR SOUTHEAST MICHIGAN AND THE SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION REFLEX PILOT PROGRAM This Fourth Reflex Agreement (“Agreement”) is made between the Regional Transit Authority for Southeast Michigan (“RTA”) and the Suburban Mobility Authority for Regional Transportation (“SMART”). SMART and RTA are collectively referred to as the “Parties” or individually as a “Party.” WHEREAS SMART and RTA previously entered into a Agreement for RTA’s funding, and SMART’s operating, of Reflex Bus Service on Gratiot Avenue for the period of September 5, 2016 through November 30, 2016 (“Initial Agreement”) and the period of December 1, 2016 through April 3, 2017 (“Second Agreement”) and the period of April 4, 2017 through June 30, 2017 (“Third Agreement”); WHEREAS RTA and SMART desire to continue the respective funding and operation of the Reflex Bus Service on Gratiot Avenue set out in Attachment A (“Gratiot Reflex Service”) for the length of this Agreement, subject to the terms and conditions set forth in this Agreement and the availability of funding by RTA; WHEREAS RTA’s desire to fulfill its funding obligation, at this time, through MDOT Comprehensive Transportation Fund, Project No. 128111(“CTF Funds”), Congestion Mitigation and Air Quality Improvement Funds, Grant No. MI-2016-028-00 (“CMAQ Funds”), and MDOT Local Bus Operating Funds, as retained by the RTA in RTA Resolution 15 of 2015 (“LBO Funds”); NOW THEREFORE, the Parties agree as follows: 1. SMART will continue to operate Gratiot Reflex Service as set forth in Attachment A and generally described as fixed route service via Routes 598 and 599 and associated ADA Paratransit service consistent with 49 C.F.R. Section 37.131(e). Route 598, between Mt. Clemens and Downtown Detroit, serves 13 northbound stops and 13 southbound stops, with one (1) additional northbound and southbound stop added on weekdays at the North River Park and Ride lot near Mt. Clemens. Route 599 serves 13 northbound and 13 southbound stops with a weekday-only, morning and evening peak-period service beginning and ending at Cass Avenue and Putnam Street in the City of Detroit, and operating generally on Warren Avenue, Canfield Street, and Cass Avenue, connecting to Gratiot Avenue via Warren Avenue. RTA shall be notified by SMART of any change in this service fourteen (14) days in advance of implementing such changes unless such changes are, in the sole judgment of SMART, emergent in nature. SMART will operate the Reflex Service in accordance with the Annual FTA Master Agreement and MDOT Master Agreement. SMART represents that SMART’s operation of the Reflex Service is covered under the SMART self-insurance program in accordance with the FTA Master Agreement. 1
2. RTA shall be responsible to fund the operation of the Gratiot Reflex Service by reimbursing SMART for the costs to operate the Gratiot Reflex Service ("Operating Costs"), minus the LBO funds identified in Resolution 16 (“LBO Funds”) in accordance with Attachment B. The Operating Costs shall be determined by multiplying the actual hours of service provided over a period of time by a unit rate calculated by SMART for fixed route service ("Cost Per Fixed Route Revenue Hour") and, for ADA, by multiplying the actual hours of service provided over a period of time by a unit rate calculated by SMART for associated complementary ADA service ("Cost Per ADA Revenue Hour"). The Cost Per Fixed Route Revenue Hour shall be $162 per hour, and the Cost Per ADA Revenue Hour shall be $63 per hour. 3. SMART shall submit monthly invoices to the RTA on, or before, the 10th day of the month immediately after the month of service to fund the operation of the Reflex Service during the term of this Agreement. SMART agrees that the invoices shall include the actual Fixed Route Revenue Hours, Cost Per Fixed Route Revenue Hour, and Total LBO funds directly received by SMART from MDOT for the Reflex Service; and the actual ADA Revenue Hours and Cost Per ADA Revenue Hour. To fund the operation of the Reflex Service during the term of this Agreement, the RTA shall pay SMART the net cost of the Reflex Service, which is the Operating Costs, less 1/12 of the annual LBO Funds directly received by SMART from MDOT for the Reflex Service. RTA will submit the invoice for reimbursement to MDOT and/or FTA within 7 days of receipt from SMART, and shall pay SMART upon RTA’s receipt of the funds but in no event later than 90 days from RTA submittal of invoice for reimbursement. 4. The Parties acknowledge and agree that RTA has no control over, and is not responsible for, the operation, maintenance, and security of the Gratiot Reflex Service, and that SMART is solely responsible for the operation and maintenance of the Gratiot Reflex Service, including, but not limited to, purchasing and maintaining vehicles, as well as employment matters, including but not limited to, conducting background checks and hiring personnel, training employees, supervising, disciplining and terminating employees. SMART acknowledges and agrees that the RTA shall not be responsible for the acts of SMART, or of SMART’s employees, agents, and servants, with respect to the Reflex Service provided by SMART, except as set forth in the FTA Master Agreement or the MDOT Master Agreement. 5. The term of this Agreement shall be from July 1, 2017 through December 31, 2017. If an agreement is not in place between SMART and the RTA by December 8, 2017 for Reflex Service beginning January 1, 2018, SMART shall be entitled to take appropriate and necessary steps to end the Reflex Service December 31, 2017. 6. In the event that any portion of this Agreement is determined by a court or arbitrator to be deemed in violation of state or federal law or a prior, binding contractual agreement, either RTA or SMART shall be entitled to immediately terminate this Agreement by sending notice of such termination to the other party, and, in such 2
circumstance, the parties' respective obligations under this Agreement going forward shall immediately cease as of the date of the sending of the notice of termination. To the best of its knowledge, SMART represents there are no pending or threatened claims against SMART that its entering into this Agreement would violate a state or federal law, or any contract to which SMART is a party. Further, to the best of its knowledge, SMART is unaware of any contract to which SMART is a party that would preclude it from entering into this Agreement, including collective bargaining agreements and 13(c) agreements. Further, as it relates to the enforceability of this Agreement, RTA and SMART agree to notify the other whenever litigation is threatened or commenced, and whenever a challenge is threatened or commenced by a party to a collective bargaining agreement or 13(c) Agreement with SMART. Further, if requested by one party, the other party agrees to meet to discuss possible amendments to the Agreement so that the Agreement complies with state or federal law, or is no longer in violation of an agreement, but this obligation does not limit, restrict or delay a party in any way from exercising its termination rights under this Agreement. In addition, either party shall have the right to terminate this Agreement: (A) if the funding methodology set forth in RTA Resolution 15, or the amount retained by the RTA in Local Bus Operating funding to fund new or expanded regional service in RTA Resolution 16 are modified in any respect; or (B) either Party is in breach of this Agreement and such breach is not cured within fourteen (14) calendar days after the party in breach is provided notice of the breach. 7. In the event of any termination of this Agreement, each party shall be responsible for fulfilling all its obligations to the other party incurred prior to the date of termination even if the costs of such obligations are actually paid after the date of termination. RTA’s obligations in the event that the Agreement is terminated, for reasons other than a breach by SMART, shall be limited to all amounts incurred by SMART as set forth in this Agreement prior to the termination date plus an amount equal to the net cost to SMART of driver compensation committed to by SMART as of the termination date after reasonable efforts by SMART to mitigate these costs. In the event the Agreement is terminated by RTA due to a breach by SMART, RTA’s obligations shall be limited to payment to SMART of all amounts incurred by SMART as set forth in this Agreement prior to the termination date. 8. All notices required under this Agreement shall be sent by regular U.S. Mail and by email to the following addresses: As to SMART:
SMART General Manager, John C. Hertel Attention: Robert Cramer, Deputy GM 535 Griswold; Suite 600 Detroit, MI 48226 [email protected]
With a Copy to:
SMART General Counsel’s Office Attention: Avery E. Gordon, General Counsel 535 Griswold; Suite 600 Detroit, MI 48226 [email protected]
As to the RTA:
RTA Interim Chief Executive Officer, Tiffany J. Gunter Attention: Mr. Benjamin Stupka, Planning Manager 1001 Woodward Avenue, Suite 1400 Detroit, MI 48226 [email protected]
The date the notice is sent and emailed shall be deemed to be the date of the notice for purposes of this Agreement, not the date of actual receipt. If the Party sending the notice commits an error in the sending of the notice by, for example, sending such notice to the wrong person or an incorrect email, notice shall not be deemed given until the date of receipt of actual notice by the person/position identified in this section, or the date the notice is resent consistent with the requirements of this Agreement – whichever is earlier. Either Party may change the person/position who shall receive notice under this Agreement through service of a notice served consistent with the section. 9. Neither SMART nor RTA shall discriminate against any passenger because of race, color, sex, age, handicap, religion, ancestry, marital status, national origin, place of birth, or sexual orientation. SMART and the RTA shall comply with the State of Michigan publication “Prohibition of Discrimination in State Contracts,” the Civil Rights Act of 1964 (78 Stat. 241), and the Michigan Civil Rights Acts of 1976 (45 P.A. 1976). SMART and RTA further agree that neither entity will discriminate based upon race, color, creed, national origin, sex, age, disability, height, weight, familial status, marital status, or sexual orientation, in accordance with the Title VI of the Civil Rights Act of 1964, section 303 of the Age Discrimination Act of 1975, section 202 of the Americans with Disabilities Act of 1990, 49 U.S.C. § 5332, the Michigan Elliot-Larsen Civil Rights Act, MCLA 37.2101 et seq., and SMART’s discrimination policies. The forgoing shall include, without limitation, employment upgrading, demotion, or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and/or the selection of training, including apprenticeship. 10. Federal financial assistance may not be used to influence any member of Congress or an officer or employee of any agency in connection with the making of any federal contract, grant, or cooperative agreement. 11. By executing this Agreement, the person executing this Agreement represents that he or she has full authority to do so after obtaining all necessary approvals from the Boards of each Party.
12. This Agreement may only be modified in writing, executed by both Parties by a person with authority to do so after obtaining all necessary approvals from that respective Parties’ Board. 13. This Agreement sets forth the complete agreement of the Parties with respect to the issues addressed in the Agreement, and there are no oral promises, understandings, or obligations between the Parties that are not included within this Agreement. 14. This Agreement shall be interpreted by the laws of the State of Michigan, and shall not be interpreted against any Party based on which Party drafted the Agreement since both Parties were involved in the drafting of this Agreement. 15. The RTA and SMART agree to the terms and conditions set forth in the letter dated August 30, 2016 from the U.S. Department of Labor, attached to the Initial Agreement, to the extent it is applicable to this Agreement. The Regional Transit Authority of Southeast Michigan
Suburban Mobility Authority for Regional Transportation
Title: Interim CEO
Title: General Manager
ATTACHMENT A: REFLEX SERVICE DETAILS (GRATIOT AVENUE) SMART will operate the program service on Gratiot Avenue, designated as Route 598, between Mt. Clemens and Downtown Detroit, serving 13 northbound stops and 13 southbound stops, with one (1) additional northbound and southbound stop added on weekdays at the North River Park and Ride lot near Mt. Clemens. SMART will also operate the program service designated as Route 599, a weekday-only, morning and evening peak-period service beginning and ending at Cass Avenue and Putnam Street in the City of Detroit, and operating generally on Warren Avenue, Canfield Street, and Cass Avenue, connecting to Gratiot Avenue via Warren Avenue. This service will have 13 northbound and 13 southbound stops, sharing 10 northbound and southbound stops on Gratiot Avenue, north of Warren Avenue, with the Route 598. SMART will maintain the levels of service described below for Route 598:
Weekday Northbound buses departing Downtown Detroit: o every 45 minutes from 5:20 AM to 7:45 PM, and, o every 55 minutes from 7:45 PM to 8:40 PM, and, o every 45 minutes from 8:40 PM to 10:10 PM, and, o every 60 minutes from 10:10 PM to 12:10 AM.
Weekday Southbound buses departing North River Park and Ride: o every 45 minutes from 5:00 AM to 6:40 PM, and, o every 55 minutes from 6:40 PM to 7:35 PM, and, o every 45 minutes from 7:35 PM to 8:20 PM, and, o every 55 minutes from 8:20 PM to 9:15 PM, and, o every 60 minutes from 9:15 PM to 12:15 AM.
Saturday Northbound buses departing Downtown Detroit: o every 45 minutes from 6:15 AM to 6:15 PM, and, o every 55 minutes from 6:15 PM to 7:10 PM, and, o every 60 minutes from 7:10 PM to 1:10 AM.
Saturday Southbound buses departing Downtown Mt. Clemens: o every 45 minutes from 6:45 AM to 8:15 PM, and, o roughly (within five minutes) every 60 minutes from 8:15 PM to 12:20 AM.
Sunday Northbound buses departing Downtown Detroit: o every 60 minutes from 7:00 AM to 9:00 AM, and, o every 45 minutes from 9:00 AM to 6:10 PM, and, o every 60 minutes from 6:10 PM to 9:10 PM.
Sunday Southbound buses departing Downtown Mt. Clemens: o every 60 minutes from 7:00 AM to 11:00 AM, and, o every 45 minutes from 11:00 AM to 7:15 PM, and o roughly (within five minutes) every 60 minutes from 7:15 PM to 9:15 PM.
SMART will maintain the levels of service described below for Route 599:
Weekday Northbound buses departing Cass Avenue and Putnam Street at roughly 7:00 AM, 3:05 PM and 5:20 PM.
Weekday Southbound buses departing North River Park and Ride at roughly 5:48 AM, 7:59 AM, and 4:15 PM.
Operational Details: 1. SMART will perform, at RTA’s expense, “Initial Investment Work” which includes: (a) installing all bus stop signs provided to it by the RTA along the Reflex Routes (both Woodward and Gratiot), at each stop location not within the City of Detroit; (b) wrapping and branding the four regular-service buses providing the service as referenced in paragraph 3 below; and (c) in addition to the shelters already installed by SMART and being reimbursed by the RTA, SMART agrees to install any additional bus stop shelters which costs shall be reimbursed by RTA. At this time, as part of the Initial Investment Work, SMART has installed a concrete walkway on Woodward at NB Bowers and shelters at the following locations: (a) Gratiot 598/599 – (1) SB 8 Mile, (2) SB 7 Mile, (3) NB Russell, (4) NB Warren, (5) NB 7 Mile, and (6) NB 15 Mile (includes extending concrete pad); and (b) Woodward 498 – (1) SB Trowbridge, (2) NB Hendrie (new pad), and (3) SB Bowers (new pad). 2. SMART will keep all Reflex bus stop signage, bus shelters, shelter decals, and information displays, on the Reflex Routes described in Paragraph 1 above, up-to-date and in usable condition, and promptly replace any components that are missing, destroyed, or seriously damaged. 3. SMART will allocate four (4) regular-service buses, plus one (1) reserve bus specifically for the program service. 4. SMART agrees to keep the buses assigned to this program service in good working condition and reasonably free of visible damage. 5. SMART will operate complementary Americans with Disabilities Act ("ADA") service along the two Routes 598 and 599 consistent with 49 C.F.R. Section 37.131(e), and will track hours of service for each trip attributable only to the Gratiot Reflex Service.
ATTACHMENT B: REFLEX COST AND FUNDING ESTIMATED COST AND FUNDING (July 1, 2017 – December 31, 2017) TOTAL FUNDS
FUNDING SOURCE FEDERAL GRANT CMAQ Grant: Corridor Express Bus (FAIN MI-2016-028-00)*
LOCAL MATCH** MDOT Comprehensive Transportation Fund - Local Bus Operating (Fiscal Year 2017) @ $166,667/mo for 6 mos TOTAL OPERATING
* This funding may be rebalanced after the completion of invoicing for Reflex Service from May 2017 – June 2017. **This chart does not account for farebox revenue.