HomeMy WebLinkAboutPW08-375 - Original - King County Metro Transit - Route 913 Transit Service Direct Financial Partnership - 12/04/2008 Records � a
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WASHINGTON Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: King County Metro Transit
Vendor Number:
JD Edwards Number
Contract Number: !^lo C&-
This is assigned by City Clerk's Office
Project Name: Route 913 - Transit Service
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Transit Service Direct Financial Partnership Agreement
Contract Effective Date: 11/10/08 Termination Date: 11/10/2014
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: C. fhoono.a Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
6 years expiration unless extended.
S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP,AGREEMENT
BY AND BETWEEN
KING COUNTY.
AND
THE CITY OF KENT,WASHINGTON
THIS TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT(the
"Agreement")is made by and between King County,a political subdivision of the State of Washington and home
rule charter county with broad powers to provide public transportation within the County's geographic boundaries,
by and through the King County Department of Transportation,Metro Transit Division(the"County"or"Metro
Transit')and the city of Kent,a Washington municipal corporation("Service Partner,"whether one entity or
multiple entities),both of which entities may be referred to hereinafter individually as"Party"or collectively as the
"Parties."
WHEREAS,in September 2006 the King County Council adopted Ordinance 15582,the Transit Now
ordinance,directing the submission of a proposition to King County voters to fix and impose an additional
sales and use tax of one-tenth of one percent to fund expansion of the King County Metro public
transportation system and a variety of transit service improvements;and
WHEREAS,the Transit Now ordinance identified a number of transit service measures.to be implemented
using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital,
operating,and maintenance improvements that are expected to expand and improve bus service on local
streets and arterials within King County;and
WHEREAS,mutually beneficial contractual arrangements with other public and private entities("service
partnerships")that leverage.public and private funds to provide both new and better bus service to cities
.and major employers is one of four key strategies(the"Service Partnership Program")identified in the
Transit Now proposition approved by King County voters in the general election on November 7,2006;and
WHEREAS,the Service Partnership Program is also designed and intended to support the service
development objectives and financial strategies of the Ten-Year Strategic flan for Public Transportation
2007-2016;and
WHEREAS,the Ten-Fear Strategic Plan for Public Transportation 2007—2016 adopted by the King
County Council November 13,2007 Strategy IM-3 exempts service partnerships,schedule maintenance,
contracted services or partnership agreements from subarea allocation and reduction requirements;and
WHEREAS,Service Partner has submitted an application for a direct financial partnership for transit
service and has met the criteria established by the County for awarding such partnerships;and
WHEREAS,the p;oposal submitted by Service Partner has been deemed to show a.potential gain in
ridership;and
WHEREAS,the proposal submitted by Service Partner has been approved by the King County Council,
NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS AND
AGREEMENTS SET FORTH HEREIN,AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,
THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES,
THE PARTIES HEREBY AGREE AS FOLLOWS:
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 913
Page 1 of 10
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for enhanced
transit services consistent with the goals and directives of the Transit Now ordinance and initiative as
authorized by King County Council Ordinance 15582 (approved in September 2006) and passed by the
voters of King County as Transit Now in the general election on November 7,2006 to leverage sustainable
local resources for transit service and to increase transit ridership,
This Agreement establishes the responsibilities of the Parties in relation to the transit service partnership,
including methods for financing,implementing,monitoring,improving and terminating the partnership.
2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide transit service enhancements in accordance with the service specifications set
forth in Attachment A,which is incorporated herein and made a part of this Agreement by this reference,
pursuant to which the County and Service Partner will share the fully allocated cost of the increased service
hours at a rate of not more than two-thirds from.County funds to not less than one-third from Partner funds
(actual contribution specified in Attachment A), Fully allocated costs include the cost of fuel,maintenance,
driver wages, service supervision, infrastructure maintenance, revenue collection, scheduling, rider
information,data analysis;and administrative and management costs. The County's cost allocation model
will be used to determine the Service Partner's contribution. The County will manage the service in
accordance with its regular procedures and as may be further specified in this Agreement. The Parties
understand and agree that, notwithstanding Service Partner's financial contribution, the transit service
referenced herein will be open to the general public.
2.2 The County will include the new transit service enhancements provided for under this Agreement in its
annual route performance monitoring. Enhanced transit service provided for via service partnerships will
be expected to perform at or above the subarea average for its particular type of service in at least three of
the four standard indicators monitored in Metro's annual Route Performance Report.
a) Rides per revenue hour;
b) The ratio of fare revenue to operating expense;
c) Passenger miles per revenue hour;and
d) Passenger miles divided by platform miles.
2.3 More specific benchmarks applicable to the enhanced transit service provided for herein are set forth in
Attachment A. Three(3)years after implementation of the enhanced transit service provided for herein and
annually thereafter,the County will make a determination as to the productivity and viability of the service.
The County will notify Service Partner of its assessment of the service's productivity,performance,and
ongoing viability. If the County deems that changes can be made to improve the service,the County and
Service Partner will discuss possible modifications and may agree on any decisions to modify the service
enhancements provided for herein,provided,however,that any such modifications shall be consistent with
the requirements set forth in KCC 28.94.020(B)(2). After consultation with Service Partner,if the County
determines that the enhanced service provided for herein is not viable based upon performance,and
proposed changes are insufficient to boost productivity beyond a minimum threshold as may be established
and the Parties cannot agree on a substitute investment on a different route or a different corridor,the
County will notify Service Partner of its intention to terminate the Agreement.
3. SERVICE PARTNER'S RESPONSIBILITIES
3.1 Monetary Contributions. Service Partner will contribute,via payment of billings from the County twice
per year,as specified in Section 5.1 of this Agreement, at least one-third of the fully allocated cost of the
enhanced service described in Attachment A,in an amount not less than US$100,000 per year for at least
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT.
ROUTE 913
Page 2 of 10
five(5)years to add to existing transit service or a minimum of US$200,000 per year for at least five(5)
years to implement new transit service. The foregoing dollar amounts represent the minimum monetary
contributions that Service Partner will be responsible for pursuant to this Agreement. The amount of
Service Partner's actual yearly monetary contributions, over and above the minimum yearly contributions
specified in this.Subsection 3.1, are to.be determined by application of the cost allocation calculation
specified in Attachment A, which is attached hereto and incorporated herein by this reference. If
application of that cost allocation formula yields a higher dollar amount, Service Partner shall pay the
larger amount.
3.2 Transit Service Enhancements. In addition to the financial contributions referenced in Subsection 3.1,
Service Partner will undertake a number of additional actions that are expected to increase ridership on the
enhanced bus services provided for herein, including,but not limited to implementation of transportation
demand management programs, parking management, service promotions, and communication
infrastructure and transit signal priority improvements. The transit service enhancements to be undertaken
by Service Partner pursuant to this Agreement are set forth more fully in Attachment A, which is attached
hereto and incorporated herein by this reference. The Parties acknowledge and agree that the goal of this
Agreement is to increase ridership. Toward that end, the Parties agree to work together in good faith to
refine the details of the required transit service enhancements in order to assure effective and timely
implementation.
4. TERM OF AGREEMENT AND APPROVAL BY KING COUNTY COUNCIL,
4.1 This Agreement shall commence upon signing by the Parties and,for each service specified in Attachment
A,expire six(6)years after the start of that service,unless extended or earlier terminated pursuant to the
terms of this Agreement, If after six(6).years the enhanced transit service is deemed viable by the County
pursuant to the performance indicators set forth in Section 2.2 of this Agreement and the additional
performance benchmarks specified in Attachment A, and Service Partner desires to have Metro Transit
continue to provide the enhanced transit service beyond the initial period,this Agreement may be extended
by the Transit General Manager for an additional five years without additional approval by the King
County Council,
4.2 This Agreement is subject to review and approval by the Icing County Council and, if necessary, the
governing bodies of any other governmental entities that are a Party to this Agreement.
5. INVOICES/PAYMENT PROCEDURES
5.1 The County will invoice Service Partner twice each year for its contribution,as specified in Section 3.1 of
this Agreement,to the transit service provided for herein. Service Partner will receive two(2)billings each
calendar year for the actual costs incurred by the County to operate or manage the service.
5.2 An estimate of the total service costs based on scheduled service hours is shown in Attachment A. This
estimate will be adjusted in January each year,based on the per mile and per hour rates for that year. This
adjustment will be provided to the Service Partner.
5.3 Service Partner shall make payment within forty-five(45)days after receipt of an invoice. Should Partner
fail to pay the County the amount due within fortyv-five(45)days of receipt of a billing invoice from the
County, a late payment assessment shall be applied to any outstanding balance due for that invoice. The
late payment assessment shall be fixed at the maximum rate allowable under Washington state law.
6. INDEMNIFICATION AND LEGAL RELATIONS
6.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right
to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. No
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 913
Page 3 of 10
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.
6.2 Each Party shall comply, and shall ensure that its contractors and subcontractors, if any, comply with all
federal,state and local laws,regulations,and ordinances applicable to the work and services to be performed
under this Agreement.
6.3 Each Party shall protect, defend, indemnify and save harmless the other Party, its elected officials, 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 Parry'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 indemnitor's employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them.
6.4 Each Parry's rights and remedies in this Agreement are in addition to any other rights and remedies provided by
law.
6.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior
Court of King County,Washington,located in Seattle,Washington,shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
6.6 The provisions of this section shall survive any termination of this Agreement.
7. CHANGES AND MODIFICATIONS
This Agreement may be amended or modified only by prior written agreement signed.by the Parties hereto.
Such amendments and modifications may be executed by the General Manager of the County's Transit
Division without additional Council approval, so long as any such amendments are consistent with the
intent and purpose of this Agreement.
S. TERMINATION OF AGREEMENT
8.1 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,
however, that, insofar as practicable, the Party terminating the Agreement will give not less than 135
calendar•days prior to the County's February, June or September service change, by written notice
delivered by certified mail,return receipt requested,of intent to terminate.
8.2 In addition to termination under Paragraph 8.1 of this Section, the County may terminate this Agreement
pursuant to the provisions of Section 2.3 of this Agreement, in whole or in part, provided, that Service
Partner will be given not less than 135 calendar days prior to the County's February, June or September
service change,by written notice delivered by certified mail,return receipt requested,of intent to terminate.
8.3 If either Party terminates, Partner will pay the County a pro-rated amount for services performed in
accordance with the Agreement to the date of termination.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETW_8tN KING COUNTY AND THE CITY OF KENT
ROUTE 90
Page 4 of 10
9. 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; and/or 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,however, shall this provision eliminate the obligation to make payment to the County for work
performed in accordance with this Agreement.
10. WAIVER OF DEFAULT
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.
11. ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors, and assigns; provided,however, that
neither Party shall assign or transfer in any manner any interest, obligation or benefit of this Agreement
without the other's prior written consent.
12. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement,express or implied,is intended to confer on any person or entity other than the
Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this
Agreement.
M MUTUAL NEGOTIATION AND CONSTRUCTION•
This Agreement and each of the terms and provisions hereof shall be deemed to have been-explicitly
negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement
shall,in all cases,be construed according to its fair meaning and not strictly for or against either Party.
14. ALL TERMS AND CONDITIONS
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 the 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.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 913
Page 5 of 10
15. CONTACT PERSONS
The County and Service Partner shall designate a contact person for purposes of sending inquiries and
notices regarding the execution and fulfillment of this Agreement.
Service Partner
Contact Name Cathy Mooney
Organization City of Kent Public Works
Title Senior Transportation PIanner
Address 220 Fourth Ave.S.
Kent,WA 98032-5895
Telephone 253-856-5564
Fax 253-856-6500
E-Mail cmooneyaa,ci.kent.wa.us
King County
Contact Name Matt Hansen
Title Supervisor,Market Development,Metro Transit Division
Address YES-TR-0600
400 Yesler Way
Seattle,WA 98104
Telephone 206-263-3598
Fax 206-684-2058
E-Mail matt.hansen�.kingcount.gov
16. Each Party warrants and represents that its execution of this Agreement has been authorized by its
governing body,via King County Ordinance No. 16041 dated March 24,2008,and via City of Kent
Motion dated November 4,2008.
17. Effective Date. This Agreement shall take effect when it is signed by all the Parties hereto.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day of
Deu,,-, be.,, ,2008.
KING COUNTY SERVICE NER
By: By:
Title:G e;q era,1 M a►-oA e_ Titl :
TI'av►5�'-�
Date: Date:
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 913
Page 6 of 10
ATTACHMENT A
Direct Financial Partnership Scope of Work
City of Kent
A. Monetary Contributions
1. . Monetary Contributions to be Made by Service Partner
The City of Kent agrees to contribute one-third of the fully allocated cost for six(6)years
of new service on Route 913 as defined in the Service Description in Section C of this
Attachment A.The actual annual cost the Service Partner agrees to pay on an annual
basis shall be determined in accordance with Section 5.2 of this Agreement.The
proportion of the fully allocated annual cost that the Service partner agrees to pay is
specified in Section D of this Attachment A.
2., Monetary Contributions to be Made by County
The County agrees to operate the service as defined in Service Description, in Section C
of this Attachment A and Section 2.1 of this Agreement.
B. Transit Service Enhancements
1. Service Partner agrees to implement additional actions that are likely to increase ridership
on the new services,including all those listed below or similar activities,if authorized in
advance by the King County Metro Transit General Manager. Such additional actions
shall be implemented no later than two(2)years from the effective date of this
Agreement. At least six months prior to the start of the new services,Service Partner will
contact King County Metro's Market Development group to refine the details of these
actions to help assure effective and timely implementation. Service Partner remains
responsible for the cost and implementation of the following actions or similar activities
as agreed with Market Development staff-
City of Kent
a. Promotion
• Promote the new service through articles in the IN BOX utility bill insert,the
Kent Reporter,and the monthly CTR newsletter.
• Advertise the new service on the City's Web site,TV stations(Kent TV21),and
Community Calendar.
• Continue to encourage greater use of enhanced transit service,through
encouraging use of programs such as FlexPass.
• Meet with Neighborhood Councils for each of the neighborhood groups along
this route and write an article to be distributed in the newsletter of those who
have monthly newsletters.
b.Facility Improvements
• Continue to work with the developer of the Riverview community to assure
transit amenities are provided. Some amenities such'as shelters,a bus pullout,
and walking paths have already been provided.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 913
Pago 7 of 10
2. The County agrees to undertake the following supporting actions:
a. Additional Promotion of Service
+ Designate new trips funded by partnership in the bus timetables for the affected
routes.
• Work with Service Partners to promote transit use on the affected routes.
C. Service Description
County and Service Partner agree to share in the cost and responsibilities of adding new
service on Route 913.Route 913 will operate between downtown Kent and S 212th Street via
James Street,Lakeside Boulevard, S 228th Street/S 231st Street,and Riverview Boulevard S.
The intent of the new service on Route 913 is to provide service to developed neighborhoods
in northwest Kent and new residential development in southeast SeaTac. Both routes would
allow riders to make trips by transit that are not currently available. The service implemented
will be generally consistent in scope and service levels and may vary from this description
should County and Service Partner mutually agree to implement alternative service of similar
scope following any required public outreach and any necessary King County Council
authorization.
1. Start bate for Service
Service described above shall commence with a standard Metro service change during 2009.
D. Service Cost Estimate
The estimated cost is a planning-level estimate based on the hours and miles identified on the
spreadsheet attached hereto as Exhibit 1 entitled"Preliminary Cost Estimate,"which is
incorporated into and made a part of this Agreement by this reference.The actual hours and
miles needed to operate the service is determined by the County during the scheduling of the
service prior to implementation.The actual fully allocated cost may be higher or lower than
the estimate provided in Exhibit 1.
Total annual hours: 7,807
Estimated fully allocated annual cost(County's+Service Partner's cost):
$616,128.44(based on 2008 fully allocated annual cost)
City of Kent's estimated annual share of fully allocated annual cost:
Thirty-three and one-third percent ($205,376.15 based on 2008 fully allocated annual
cost)
E. Benchmarks for Evaluating Route Performance
Metro has a consistent,formal route-performance evaluation process to identify individual
routes that may require modification, expansion or termination.Routes are grouped by
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN ICING COUNTY AND THE CITY OF KENT
ROUTE 913
Page 8 of 10
subarea and time period for similarity in operating conditions.Each partnership route will be
compared by time period to other routes in its subarea to ascertain performance level.Data
for a particular year is typically available by the middle of the following year.The
comparison will be made at the time the data is available.
The 2006 benchmarks for the service additions applicable to this Agreement are as follows:
South Subarea—DART
Rides per revenue hour: Average—17.4
Fare revenue/operating expense: n/a
Passenger miles/revenue hour: Average-53
Passenger miles/platform miles: Average—3.46
Initial performance review for this service will use benchmarks determined using 2011 data.
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 913
Page 9 of 10
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