Commuter rail operating agreement

The Operator shall maintain and furnish to MBTA the Records, in writing and in electronic format, in accordance with the delivery schedules established herein. The Operator’s monthly invoice shall not be considered complete if any Records required to be submitted with the monthly invoice are not included. The costs of preparing, producing, furnishing and maintaining the Records shall be included in the Annual Fee.

The Operator shall provide to the MBTA, not less than 30 days prior to the Termination Date, written notice of the location at which the Records shall be maintained after the Termination Date during the period specified in Part 1, Section 12 (Examination and Audit). At the request of the MBTA, the Operator shall provide copies of any such Records to the MBTA prior to the Termination Date. The MBTA shall pay to the Operator the reasonable costs of making such copies.

Required Reports

Daily Reports, as designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be received by the MBTA no later than 9:00 am on the next Business Day immediately following the day to which the Report relates.

Weekly Reports, as designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be received by the MBTA no later than the close of business on the Monday of the following week.

Quarterly Reports, as designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be received by the MBTA no later than the date of the submission by the Operator of its monthly invoice for the first month of the following quarter. The first quarter of each Agreement Year shall begin on July 1.

Annual Reports, as designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be received by the MBTA no later than the date of the Operator’s submission to the MBTA of the Operator’s invoice for the first month of the subsequent MBTA fiscal year, unless otherwise specified.

“On Request” and “As Occurs” Reports as designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be received by the MBTA no later than 24 hours after the occurrence triggering a report unless otherwise required.

“On Demand” Reports as designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be directly available on a continuous basis to the MBTA in an MBTA supplied or approved system. Examples of these are accidents, injuries, fires, floods, derailments, fuel spills and other incidents of a critical nature and having the potential of serious impact on customers and/or the public at large and that require instant and continuous monitoring by the MBTA.

One Time and Initial Submittals designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), shall be received by the MBTA no later than 4:00 pm on the date specified.

Annual Program Plans and Deliverables

The Operator shall deliver to the MBTA for approval all Annual Program Plans including, without limitation, those designated in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), and other deliverables specified by as the date specified. Due dates for reports have been selected based on fiscal year, seasonal considerations, and to balance the Operator’s work flow. The MBTA shall review each such plan, and shall either approve such plan or, within 30 days of its receipt (unless otherwise required), and direct the Operator to revise such plan.

The Operator shall provide the MBTA with a plan revised accordingly within 30 days of receipt (unless otherwise required) of such revisions from the MBTA. Initial program plans shall be delivered during the Mobilization Period on the schedule identified in Schedule 3.12 (Mobilization) of this Agreement.

National Transit Database Reporting Requirements

The Operator shall adhere to all reporting requirements as described in the National Transit Database (“NTD”) Reporting Manuals found at the NTD website.

All information required for NTD reporting shall be delivered by the Operator electronically to the MBTA in the format and with all information required for review by the MBTA and suitable for forwarding to the NTD.

Notwithstanding anything to the contrary, the Operator shall be responsible for providing all reports, records and other submittals required pursuant to this Agreement (within the designated timeframes) regardless of whether such reports, records and other submittals are included in Appendix 1 (Operator Deliverable Requirements List) to this Schedule 3.14 (Reporting and Submittals).

All Reports shall be filed and maintained in the Commuter Rail IT Environment unless, in the MBTA's sole discretion, the MBTA approves of or provides a separate system.

Operator Reporting Delivery Requirements

The Operator shall deliver all records, reports and other submittals that it is obligated to provide to the MBTA pursuant to this Agreement including, but not limited to, those identified in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), to the Director of Railroad Operations, with copies going contemporaneously to those individuals that the Director of Railroad Operations designates from time to time (collectively, the "RRO Report Recipients"). Notwithstanding anything to the contrary, in the event that a provision of this Agreement directs the Operator to deliver a record, report or other submittal to someone other than the RRO Report Recipients, the Operator shall also contemporaneously deliver a copy of the applicable record, report or other submittal to the RRO Report Recipients.

In addition to delivering to the RRO Report Recipients all records, reports and other submittals that it is obligated to provide to the MBTA pursuant to this Agreement including, but not limited to, those identified in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), the Operator shall also contemporaneously deliver copies of such records, reports and other submittals to those additional recipients identified in this Agreement to receive the applicable record, report or other submittals. By way of example, and not limitation, the monthly report that the Operator is obligated to provide pursuant to Section 2.16 of Schedule 3.5 (Safety and Security) shall be contemporaneously submitted to the MBTA Transit Chief of Police and the RRO Report Recipients.

The Operator shall work with the Director of Railroad Operations during the Mobilization Period to establish protocols to ensure timely distribution of all records, reports and other submittals to the RRO Reporting Recipients including, but not limited to, (i) identifying specific Director of Railroad Operations designees for receiving records, reports and other submissions, and (ii) mechanisms to ensure delivery and confirmation of receipt of all records, reports and other submittals. Notwithstanding anything to the contrary, the Operator acknowledges and agrees that, as between the Parties, the Operator is solely responsible for ensuring the delivery of all records, reports and other submittals required by this Agreement within the applicable timeframes.

By way of clarification, and not limitation, all records, reports and other submittals required to be provided pursuant to this Agreement including, but not limited to, those set out in Appendix 1 (Operator Deliverable Requirements Lists) to this Schedule 3.14 (Reporting and Submittals), are subject to the Service Level Agreements and Service Credits included in Section 20 (Reports, Plans and Other Deliverables) of Schedule 3.18 (Service Level Agreement and Service Credits).

Operator Deliverable Requirements list

ODRL	Description	Due Date
ODRL 3.14-001	NTD Monthly Reporting	Monthly
ODRL 3.14-002	NTD Annual Reporting	Annually
ODRL 3.14-003	NTD Safety & Security Reporting	TBD