HomeMy WebLinkAboutCAG1999-0375 - Original - King County Metro Transit - DART Service Route 914 & 916 - 05/25/1999 Transit Service Agreement
By and Between
King County
and
The City of Kent
1. INTRODUCTION
THIS AGREEMENT is made by and between King County, (hereinafter referred to as the "County") and
the City of Kent(hereinafter referred to as the "City").
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
2. PURPOSE OF AGREEMENT
2.1 The purpose of this agreement is to establish the responsibilities of the City and County as related to the
provision of the DART services(Route 914/916) specified herein for the City of Kent.
3. DEFINITIONS
3.1 Definitions - as used throughout this Agreement, the following terms shall have the meanings set forth
below:
A. "DART" service is demand-responsive transportation service such as dial-a-ride or route-
deviation, that provides the general public with the ability to call and schedule trips within the
designated service area.
4. COUNTY'S RESPONSIBILITIES
4.1 During the term of this Agreement, the County will manage and operate DART service (Route 914/916) in
Kent. The County shall provide for the operation of the service in accordance with its regular procedures,
however,fares will not be collected on the Route 914/916 service.
4.2 The County will develop and print timetables for the DART service(Route 914/916).
4.3 In cooperation with the City, the County will add Route 914/916 numbers to existing County bus stop signs
along the DART route, including appropriate schedule information on new and existing signs with schedule
holders, to be determined by the County.
4.4 The County will insure that the vehicles used to provide this DART service on Route 914/916 have
appropriate signage and regulatory decals/signage. The City and the County shall mutually agree to a
vehicle exterior design that will incorporate the standard County paint scheme for DART vehicles and the
City's custom design.
5. CITY'S RESPONSIBILITIES
5.1 The City will be responsible for paying the County for cash fare revenue normally collected in the operation
of public transit service similar to Routes 914/916. The City agrees to pay the County for cash fare revenue
in the monthly amount specified in Attachment A.
5.2 The City will promote transit service to Kent residents, employers and their employees, and local students.
Such actions may include printing and appropriately distributing promotional and service information
materials in addition to those identified in Section 4. The County will review all materials produced by the
City related to this service prior to production and distribution. The City will provide copies to the County /
of all promotional materials distributed.
5.3 The City will produce a customized bus stop sign for use at all Route 914/916 stops that are not served by
any other County (Metro) service. The locations of these stops would be established in cooperation with
the County and should not interfere with other County (Metro) service or require the use of County sign
posts, sign holders, shelters or other such equipment/materials. The City shall be responsible for installing
and maintaining these customized bus stop signs at the designated stops during the term of this Agreement.
6. TERM
6.1 Unless terminated as provided in this Agreement, the term of this Agreement will be from May 30, 1999 to
May 30, 2001.
7. CONSIDERATION
7.1 Under this Agreement, the City will pay the County for lost revenue resulting from the non-collection of
cash fares during the operation of Route 914/916.
The estimated monthly amount of cash fare revenue is: $1,772 per month
(See Attachment A)
7.2 Both parties agree that any service revisions that result in an increase or decrease in the revenue hours for
Routes 914/916 and/or any changes to King County transit fares shall be incorporated in the calculations for
estimated cash fare revenue and the monthly amount owed King County adjusted accordingly.
8. INVOICES/PAYMENT PROCEDURES
8.1 The County shall submit invoices to the City at the beginning of each month, in the monthly amount of
1 772 for the cash fare revenue.
The City shall make payment within thirty(30) days after receipt of an invoice for service determined to be
performed in accordance with the terms of this Agreement.
8.2 Late Charges
Should the City fail to pay the County the amount due within thirty (30) days of receipt of a billing invoice
from the County, a penalty shall be applied to any outstanding balance due for that month's invoice. The
penalty shall be fixed at a rate not to exceed that allowable under State of Washington law. Continued
failure to submit payments within the schedule specified may result in the County terminating this
Agreement.
9. LIABILITY AND LEGAL RELATIONS
9.1 It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right
to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or
agents of one party or its contractors or subcontractors shall be deemed, or represent themselves to be,
employees,agents,contractors or subcontractors of the other party.
9.2 The City shall comply, and shall ensure that its contractors comply with all federal, state and local laws,
regulations,and ordinances applicable to the work and services to be performed under this Agreement.
9.3 Each party shall protect,defend, indemnify and save harmless the other party, its officers, officials, employees
and agents while acting within the scope of their employment as such, from any and all costs, claims,
judgments, and/or awards of damages, arising out of or in any way resulting from each party's own negligent
acts or omissions. Each party agrees that it is fully responsible for the acts and omissions of its own
subcontractors,their employees and agents,acting within the scope of their employment as such,as it is for the
acts and omissions of its own employees and agents. Each party agrees that its obligations under this provision
extend to any claim,demand,and/or cause of action brought by or on behalf of any of its employees or agents.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity
under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the
extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the
indemnitors employees. The parties acknowledge that these provisions were specifically negotiated and.agreed
upon by them.
9.4 The County's rights and remedies in this Agreement are in addition to any other rights and remedies provided
by law.
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9.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the
date of execution of this Agreement. The Superior Court of King County, Washington, shall have exclusive
jurisdiction and venue over any legal action arising under this Agreement.
9.6 The provisions of this section shall survive any termination of this Agreement.
10. ASSIGNMENT
10.1 No assignment of responsibilities, monies due,or claims arising out of this Agreement may be made without
the prior consent of the other party, which consent should not be unreasonably withheld.
11. CHANGES AND MODIFICATIONS
11.1 Any changes made within the general Scope of Work of this Agreement shall be mutually agreed to by both
parties in writing. If such change causes an increase or decrease in the cost and/or revenue of,or in the time
required for the performance, of any services under this Agreement, an equitable adjustment agreed to by
both parties may be made in the Agreement price or period of performance, and the Agreement shall be
modified in writing accordingly.
12. TERMINATION OF AGREEMENT
12.1 Either party may terminate this Agreement, in whole or in part, in writing if the other party substantially
fails to fulfill any or all of its obligations under this Agreement through no fault of the other; provided, that,
insofar as practicable, the party terminating the Agreement will give not less than ten (10) calendar days'
written notice delivered by certified mail,return receipt requested,of intent to terminate
12.2 In addition to termination under Paragraph 12.1 of this Section, either party may terminate this Agreement,
in whole or in part, in writing, for its convenience; provided, that the other party will be given not less than
sixty (60) calendar days' written notice delivered by certified mail, return receipt requested, of intent to
terminate.
12.3 This contract may be terminated at the end of each calendar year in the event sufficient County funds are
not appropriated to cover performance of the County's responsibilities under the Agreement. Such
termination shall be upon thirty (30) days written notice to the City. King County's fiscal period ends
December 31 of each year.
12.4 FORCE MAJEURE. Either party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by a cause beyond its
control, including, but not limited to: any incidence of fire, flood, earthquake or acts of nature; strikes or
labor actions; commandeering material, products, or facilities by the federal, state or local government;
national fuel shortage; when satisfactory evidence of such cause is presented to the other party, and
provided further that such non-performance is beyond the control and is not due to the fault or negligence of
the party not performing. In no event should this provision eliminate the need to make payment to the
County for work performed in accordance with this Agreement.
13. WAIVER OF DEFAULT
13.1 Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of this Agreement unless stated to be such in
writing,signed by authorized parties and attached to the original Agreement.
14. WASHINGTON LAW
14.1 The laws of the State of Washington will govern this Agreement. Any legal action brought by either party
against the other will be filed and conducted in King County Superior Court unless otherwise agreed to in
writing.
15. OTHER ASSIGNMENT
15.1 The County and the City shall not assign any portion of this Agreement without the other's written consent.
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16. ALL TERMS AND CONDITIONS
16.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the
parties related to the subject matter hereof and constitutes the entire agreement between the parties. This
Agreement may be amended only by written agreement of both parties.
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
IN WITNESS WHEREOF: The parties hereto have executed this Agreement on the 2$ day of
,1999.
CITY OF KENT
By
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KING COUNTY
By `
Title
4
ATTACHMENT A
KENT SERVICE - ROUTE 914/916
CASH FARE REVENUE CALCULATIONS
REVENUE HOURS PER DAY: 23
RIDERS PER HOUR: 12.7 (based on 1998)
CASH RIDERS PER HOUR: 5.08
(40%of Riders/hr.)
PEAK HOUR CASH FARES:
%of Ridership Cash Fare WeightinglTrip
Youth Riders: 15% $0.75 $0.11
Adult Riders: 35% $1.25 $0.44
Senior/Disabled Riders 50% $0.25 $0.13
Weighted Average Fare per Rider: $0.68
OFF-PEAK HOUR CASH FARES:
%of Ridership Cash Fare WeightinglTrip
Youth Riders: 15% $0.75 $0.11
Adult Riders: 35% $1.00 $0.35
Senior/Disabled Riders 50% $0.25 $0.13
Weighted Average Fare per Rider: $0.59
WEEKDAY
PEAK HOUR (6am-9am &3 m-6 m)
6 hours/weekday X 5.08 cash riders/Hr. = 30 cash riders/Weekday
30 cash riders/Weekday X $0.68 = $20.57 per Weekday
OFF-PEAK HOUR (9am-3pm)
17 hours/weekday X 5.08 cash riders/Hr. = 86 cash riders/Weekday
86 cash riders/Weekday X $0.59 = $50.74 per Weekday
TOTAL CASH FARES/WEEKDAY: $71.31
SATURDAY
23 hours/Saturday X 5.08 cash riders/Hr. = 117 cash riders/Saturday
117 cash riders/Saturday X $0.59 = $68.64 per Saturday
TOTAL CASH FARES/SATURDAY: $68.64
MONTHLY CASH FARES:
$71.31 Cash Fares per Weekday X 21 weekdays = $1,497.52
$68.64 Cash Fares per Saturday X 4 Saturdays = $274.57
TOTAL CASH FARES PER MONTH: $1,772
TOTAL CASH FARES PER YEAR: $21 ,265
Cashfare