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C-1 APPENDIX C: Survey Questionnaire C-1 APPENDIX C: Survey Questionnaire Twenty-four public agencies, including a state rail agency and two local governments, responded to the survey questionnaire. Three agencies submitted questionnaire responses for more than one project (*). Altamonte Springs, Florida Arlington County [VA] Transit Bureau Centennial, Colorado Cincinnati Metro (SORTA) Dallas Area Rapid Transit (DART)* Denton County [TX] Transportation Authority (DCTA)* Greater Dayton RTA Hillsborough Area Regional Transit Authority (HART) Kansas City Area Transportation Authority (KCATA) Los Angeles Metro Livermore Amador Valley Transit Authority MBTA Metra (Chicago) North Carolina Department of TransportationâRail Division Pinellas Suncoast Transit Authority (PSTA)* Sacramento Regional Transit District San Diego Metropolitan Transit System San Joaquin Regional Transit District (RTD) Sound Transit Transportation Authority of Marin (TAM) TriMet Valley Metro WMATA
C-2 C-2 The Transportation Research Board, through its Transit Cooperative Research Program (TCRP), has authorized a project to develop legal guidance for transit agencies in determining whether to enter into relationships with ridesourcing service providers (RSPs), including but not limited to Transportation Network Companies (TNCs) such as Lyft, Uber, and others entering the market. The purpose of this survey is to gather your agencyâs input concerning legal issues you may have or be dealing with, to assist in developing that resource with on the ground feedback. Operational details, while of great interest to the transit community, are beyond the scope of this project. In the interest of simplicity, this survey references TNCs, the type of RSP with which transit agencies seem to be most likely to enter into relationships. However, relationships with other types of RSPs, such as microtransit, are relevant to the planned guidance document, as noted more specifically below. Your agency has been identified as having at least considered entering into a relationship with a TNC. We are trying to develop an accurate description of your project (proposed, in progress, completed, or ultimately not adopted)âincluding service agreements, if anyâas well as a summary of any legal issues that may have influenced your agencyâs decision to enter into (or not enter into) a relationship with a TNC. Given the evolving nature of the law affecting TNCs and lack of uniform guidance on contracting for such partnerships, your assistance in providing input concerning your agencyâs experience would be invaluable in helping to develop best practices to include in the legal guidance under this project. Please submit survey response to firstname.lastname@example.org by June 30, 2017. Respondent contact information (if your agency separates the questions for completion by different respondents, please provide this information for each responsible individual): Name Title Telephone Email Questions responded to The survey asks whether you have agreements with TNCs that you are willing to share: 1) for research purposes for this report and/or 2) to include as part of an appendix of sample agreements. Even redacted documents would be useful.
C-3 C-3 The report may include a list of the agencies that responded to the survey. Is it permissible to include your agency in that list: Yes | No . The report may refer to specific agency information not deemed confidential in discussing examples of/trends in agency experiences in negotiating with TNCs. Is it permissible to reference your agency in such discussions: Yes | No . If yes, please identify in your responses to specific questions any information that you deem confidential. Such information will only be used to compile summaries or in other ways that does not reveal any confidential information. Thank you for your assistance in collecting information about legal issues affecting relationships with TNCs. Please feel free to forward this survey along to any other agencies you think may be interested in responding, or any list serves that you are a part of. We look forward to producing a report that is informative and useful as emerging technologies continue to be integrated into our transportation system. The term âprojectâ is used to refer to mobility projects involving (or considering involvement of) TNCs or TNC-like service. (If a mobility project involves another form of RSP, such as microtransit, please so specify.) Some agencies have, or have had, more than one project under consideration/in progress. If that is the case for your agency: submit a separate completed survey for each project OR indicate within the responses to individual questions any differences between the projects. 1. Project Status: Please indicate which of the following best describes project status: Ã Project is under consideration Ã Project is ongoing Ã Project has been completed Ã Project was abandoned before scheduled completion date Ã Project involving TNC was considered but not adopted Ã Project involving TNC was considered but implemented using a source rather than TNC . If so, did the alternative involve: use of taxis | use of transit agency vehicles | other . If other, please describe 2. Non-TNC Decision: For projects that were considered for implementation with TNCs but pursued using another delivery method, indicate which of the following reasons contributed to the decision (please check all that apply): Ã TNC would not provide appropriate insurance/indemnification Ã TNC would not require appropriate driver background checks Ã TNC would not require appropriate driver training Ã TNC would not provide appropriate data Ã Other â¡ (please describe)
C-4 C-4 3. RFP Status: Was an RFP issued for this project: Yes | No . If yes, please specify whether your agency can provide a copy of the RFP: Yes | No . If yes: to be used only to contribute to aggregated information for this report ; to include as part of a report appendix of sample RFPs . If no, and a public records request is required to obtain a copy of the RFP, please describe requirements for submitting request. 4. Contract Status: Is a contract for this project: In place | Under negotiation | Not planned | Other ; describe if applicable: 5. Board Approval: If governing board approval was required, what was the vote? ___ What was the date of the governing board meeting? 6. Contract Availability: If the contract has been negotiated, please specify whether your agency can provide a copy of the contract: Yes | No . If yes: to be used only to contribute to aggregated information for this report ; to include as part of a report appendix of sample contracts . If no, and a public records request is required to obtain a copy of the contract, please describe requirements for submitting request. 7. No Contract Relationship: Has a determination been made to enter into a relationship of any kind (marketing, app integration, FMLM service, etc.) with a TNC, but to proceed without a contract in place: Yes | No . If yes, please specify the type of relationship and the basis of the agencyâs determination that a contract was not required.
C-5 C-5 8. Project Description: Please describe any TNC or TNC-like relationships planned or in progress (here or as attachment). In addition providing to any narrative description that may be available, please specify: Ã Whether any such relationships include a taxi alternative: Yes | No Ã Whether your agency has contracted with taxis in the past to provide mobility on demand alternatives: Yes | No Ã Whether the project has received any federal funding: Yes | No If so please specify funding source: Ã Whether the relationship involves the agency providing funds to the TNC: Yes | No Ã Whether the relationship involves the TNC providing funds to the agency: Yes | No Ã Whether the project is a pilot: Yes | No Ã Planned/actual project start date ; end date Ã Whether the service replaces a previous fixed route: Yes | No Ã Whether the project involves integrated trip planning: Yes | No Ã Whether the project involves integrated payment options: Yes | No Ã Whether the project involves complementary paratransit service: Yes | No Ã Whether one or a bench of companies was selected for the Project: Yes | No 9. Accessibility: Please specify: Ã Whether the project replaces previous paratransit service: Yes | No Ã Whether the project requires the TNC to provide WAVs: Yes | No
C-6 C-6 10. Legal Issues of Concern: Please indicate which, if any, of the following legal issues are/were of concern to your agency in deciding whether to contract with TNCs: ADA State or local accessibility requirements Other state laws Other local ordinances Liability/indemnification Public records/data collection Privacy Labor/13(c)/employment classification Public safety: Background checks ; Vehicle inspections ; Business license ; Insurance ; Drugs/alcohol Environmental justice/Title VI Ensuring agency compliance with FTA requirements Parking/ROW sharing Signage/advertising Procurement requirements, including but not limited to competitive bidding Ensuring compliance with state requirements not covered by preceding topics Other; describe if applicable: 11. Did any of the above legal issues influence your agencyâs choice of type of relationship entered into with a TNC? Yes | No If yes, please specify which ones. 12. Did any of the above legal issues influence the parameters of the project approved by your agency. Yes | No If yes, please specify which ones. 13. Did any of the above legal issues influence your agencyâs decision not to enter into a relationship with a TNC? Yes | No If yes, please specify which ones. 14. Did any of the above legal issues influence a TNCâs decision not to enter into a relationship with your agency? Yes | No If yes, please specify which ones.
C-7 C-7 15. Legal Issues Covered by Contract: Please indicate which, if any, of the following legal issues were covered in the project contract: ADA State or local accessibility requirements Other state laws Other local ordinances Liability/indemnification Public records/data collection Privacy Labor/13(c)/employment classification Public safety: Differs from typical third-party provision: Yes | No Background checks Vehicle inspections Business license Insurance Drugs/alcohol Environmental justice/Title VI Ensuring agency compliance with FTA requirements Parking/ROW sharing Signage/advertising Procurement requirements, including but not limited to competitive bidding Ensuring compliance with state requirements not covered by preceding topics Other; describe if applicable: 16. Revision of Standard Third-Party Contract Provisions: Did your agency revise any standard third-party contract provisions for the project contract: Yes | No If yes, please describe. 17. Resolution of Conflicts: Please describe any contract clauses that were drafted specifically to resolve conflicts/difficulties posed by the TNC relationship. 18. Litigation: Has litigation been threatened/filed in regard to any of the legal issues referenced in questions 10 and 15: Yes | No If yes, please describe. 19. Lessons Learned: Please describe any lessons (related to legal issues) learned in negotiating with the TNC and/or operation of the agreed-upon service. 20. Best Practices Recommendations: Based on your agencyâs experiences in negotiating with the TNC, please describe any best practices that you would recommend we include in the legal research digest.