2022 Attleboro Agreement Between MBTA and Amtrak MBTA Board of Directors January 27, 2022 1 MBTA Board of Directors Overview • The Board is being asked to approve the 2022 Attleboro Agreement, a renewal of the 2017 Attleboro Agreement which expires February 28, 2022 • The 2017 agreement (and predecessor agreement from 2003) established the terms which the MBTA and Amtrak share costs and jointly use the Attleboro Line • The Attleboro Line is part of Amtrak’s Northeast Corridor service • The MBTA and Amtrak believe the 2017 agreement worked well and thus the proposed 2022 agreement preserves and extends many of its terms until 2027 2 MBTA Board of Directors: 2022 Agreement Summary 3 MBTA Board of Directors: Requested Vote “IT IS VOTED: That the Board authorizes the General Manager, or his designee, to execute an agreement with Amtrak relating to the Attleboro Line, consistent with the terms of the attached Term Sheet, which is attached hereto as “Attachment A” and to take any and all actions necessary or advisable to effectuate the Agreement.” 4 APPENDIX 5 MBTA Board of Directors: 2017 Agreement Summary • Compensation: • MBTA made payments pursuant to PRIIA §212 for duration of Term (with modifications); • Costs for operating and capital updated annually pursuant to PRIIA model; • FFY17 payments by MBTA were approximately: $11.2m for operating and $12.4m for capital; o Amtrak paid approximately $5.8m+ for capital; and o MBTA recovered $1m+ from RI for service there. o • Eliminated Amtrak’s right to approve MBTA projects on Right of Way. • Capital Planning: • MBTA managed capital spending on the Attleboro Line (both its allocated cost and Amtrak’s); and • Bulk of capital spending was on recapitalization of line. 6 MBTA Board of Directors: 2017 Agreement Summary Penalties: • New penalty provisions and incentive added to ensure Amtrak operations did not impede MBTA Commuter Rail Operations On Time Performance (“OTP”) of MBTA trains: o • Penalties for Amtrak performance below certain OTP level; incentives for performance above certain OTP level; Catastrophic failures: o • $10k/day for every day MBTA service significantly compromised (service degraded below 50%); Failure to comply with notification requirements: o • Amtrak penalized for failure to abide by notification requirements to MBTA in event of service delays; and • Penalties and Incentives were each capped at $1m per year. Indemnification: • Reduced MBTA indemnification obligation from $75m to $20m for certain incidents; • Tightened Amtrak’s indemnification requirements in Massachusetts; • Clarified and potentially increased MBTA indemnification obligations in RI; and • All indemnification requirements capped at MBTA statutory limit. 7 MBTA Board of Directors: Summary of Differences 8