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MONDAY, NOVEMBER 26, 2018

THE CITY RECORD

clause, however, in no case shall the term of a franchise, including all renewal periods, exceed twenty-five 25 years;
2

the compensation, if any, to be paid to the City shall be fixed as a percentage of the gross revenues, cash or non-cash, derived by the franchisee from any source, in any manner, either directly or indirectly arising from or related to the operation of the Bus Service described in the franchise. Such compensation shall not be considered in any manner to be in the nature of a tax, but such payments shall be made in addition to any and all taxes of whatsoever kind or description which are now or may at any time hereafter be required to be paid, pursuant to any local law of the City or any law of the State of New York; or any law of the Federal government;

3

the maximum fare shall be the uniform maximum fare for such service set by DOT, as such may be from time to time amended by DOT upon request to and approval by the FCRC;

4

the franchisee may be required to maintain integrated or reduced fare programs, the requirements for which shall be contained in the appropriate solicitation documents and franchise agreement;

5

the franchise may be terminated or canceled by the Commissioner in the event of the franchisees failure to comply with the material terms and conditions of the agreement;

6

there shall be remedies, including liquidated damages, to protect the Citys interests in the event of the franchisees failure to comply with the terms and conditions of the agreement;

7

a security fund or other appropriate method shall be established to insure the performance of the franchisees obligations under the agreement;

8

the franchise may permit or require advertising in the interior and/or exterior of buses; provided however, that advertising which is false or misleading, which promotes unlawful or illegal goods, services or activities, or which is otherwise unlawful, including but not limited to advertising that constitutes the public display of offensive sexual material in violation of Penal Law Section 245.11, shall be prohibited. In addition, advertising related to tobacco products and electronic cigarettes shall also be prohibited;

9

there shall be provisions regulating the technical specifications of bus equipment used to provide authorized Bus Service;

10 there shall be provisions to ensure adequate oversight and regulation of the franchisee by the City, including adherence to standards of performance and guidelines for service;
11 the City shall have the right at all times to inspect the facilities, service and equipment used by the franchisee and to order compliance with operational requirements and performance standards set forth in the agreement;
12 there shall be adequate insurance and indemnification requirements to protect the interests of the public and the City;
13 the franchisee shall be required to maintain complete and accurate books of account and records in compliance with any and all specific requirements for recordkeeping as shall be established by DOT. Such books and records shall be made available on demand to the City for inspection;
14 the franchisee shall be required to maintain an office in the City of New York;
15 there shall be provisions containing the agreements required, pursuant to Paragraph 6 of Subdivision h of Section 363 of the Charter relating to collective bargaining and other matters;
16 there shall be provisions requiring the franchisee to comply with applicable City laws, regulations and policies related to, but not limited to employment and investigation;
17 there shall be provisions requiring the franchisee to comply with all applicable Federal, State, and Local laws whatsoever, including those relating to accessibility for persons with disabilities;
18 there shall be provisions to restrict the subcontracting, assignment or other transfer of the franchise or portions thereof, without the prior written consent of the City and provisions to restrict changes in control of the carrier without the prior written consent of the City;

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19 the franchisee, with the exception of public transportation authorities, shall submit to the Citys Procurement and Sourcing Solutions Portal PASSPort review;
20 the franchisee shall obtain all necessary authorizations, licenses, and/or permits from and comply with all applicable provisions of the New York State Vehicle and Traffic Law, and all applicable rules of the New York State Department of Motor Vehicles, the New York State Department of Transportation and any other governmental body having jurisdiction over bus operations;
21 the franchisee shall at all times maintain on file with DOT a complete, accurate, and current schedule of service, which will constitute an appendix to the agreements and shall be fully part of the agreements;
22 for Bus Service, pursuant to this Authorizing Resolution, written notification shall be given to the Commissioner not less than thirty days prior to any modification of the weekly scheduled vehicle revenue miles or change to the span of service of any route, provided, however, that the Commissioner may waive such notice requirement in the case of special events or other short-term contingencies where he/
she deems it in the public interest to do so. Any changes in the number of weekly scheduled vehicle revenue miles on any route that exceed twenty-five percent 25% or changes in the span of service of greater than four hours of any given route, either cumulatively within a three year period or singly, must receive the prior written approval of the Commissioner, a copy of which shall be sent to the FCRC;
23 there may be provisions for free reciprocal transfer privileges between routes operated by the franchisee and intersecting surface routes of the Metropolitan Transportation Authority New York City Transit MTA NYCT, the Manhattan and Bronx Surface Transit Operating Authority MABSTOA, and the MTA Bus Company together the Operators, and in addition with the franchisees own intersecting routes. To the extent that such reciprocal transfer privileges require the agreement of the Operators, the franchisee shall take all reasonable steps to obtain such agreement and DOT shall assist the franchisee in obtaining such agreement.
SEVENTH, the streets comprising the route over which franchised Bus Service will be provided shall be described in the RFP and included in the franchise agreement. All changes to the routes or those streets must receive the prior written approval of the Commissioner before such change may be implemented. Where such changes to that route or those streets, either cumulatively within a three year period or singly, represent twenty-five percent 25% or less of the total mileage of the route, a copy of the Commissioners approval shall be sent to the FCRC
for its information; where such changes to that route or those streets, either cumulatively within a three year period or singly, represent more than twenty-five percent 25% of the total mileage of the route the written approval of the Commissioner shall be submitted to the FCRC for its additional approval prior to the implementation thereof.
And be it further RESOLVED, that DOT shall file with the Council the following documents:
1

within fifteen 15 days of issuance, a copy of each RFP
issued, pursuant to this Resolution;

2

within fifteen 15 days of approval by the Mayor, a copy of the agreement for any franchise granted, pursuant to this Resolution;

3

within fifteen 15 days of approval by the Commissioner or the FCRC, a copy of any amendments to any franchise granted, pursuant to this Resolution; and
4

on or before July 1 of each year, for the preceding calendar year, a report detailing the revenues received by the City from any franchise granted, pursuant to this Resolution.

Adopted.
Office of the City Clerk,
The City of New York, ss.:
I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on ____, 20__ on file in this office.
City Clerk, Clerk of the Council

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NOTICE IS HEREBY GIVEN that the Council has scheduled the following public hearings on the matters indicated below:
The Subcommittee on Zoning and Franchises will hold a public hearing on the following matters in the Council Committee