HomeMy WebLinkAboutPW16-370 - Original - King County - Transit Revenue for DART Routes 914/916 - 10/28/2016 ' �T'"
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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 Division
Vendor Number:
JD Edwards Number
Contract Number: PW ILo- �-1 D
This is assigned by City Clerk's Office
Project Name: Transit
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Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Transit Revenue Agrmnt w/King County Metro Transit - DART
Contract Effective Date: 1/1/2016 Termination Date: Until Terminated
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Kathy Hardy Department: CTR Coordinator, Transportation
Contract Amount:
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
King County Metro Transit will operate Metro's DART Routes 914/916 as Ride Free Public
Transit Service. The agreement is for estimated lost cash fare revenue due to the
operation of the DART Routes 914/916.
As of: 08/27/14
TRANSIT REVENUE AGREEMENT
BY AND BETWEEN
KING COUNTY
AND
THE CITY OF KENT,WASHINGTON
THIS TRANSIT REVENUE 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 "Patty" or
collectively as the "Parties."
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:
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1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for
King County's operation of Metro's DART'routes 914/916 as Ride Free public transit service.
This Agreement establishes the responsibilities of the Parties in relation to Ride Free service on
the Routes 914/916, including the method for determining the estimated amount of cash fares that
would normally be collected from passengers riding this type of service.
2. COUNTY'S RESPONSIBILITIES
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2.1 The County will operate Metro DART Routes 914/916 that provide service within the City of
Kent as Ride Free service, no fares will be collected on this service from passengers riding the
routes. The County will ensure that all customer communications produced both online and in
printed materials generated by the County will include information about the Routes 914/916
being free fare.
2.2 The County retains responsibility for scheduling and operating the Routes 914/916 and will
manage the service in accordance with its standard procedures. The Parties understand and agree
that the DART Routes 914/916 will be open to the general public.
2.3 The County will be responsible for collecting the data necessary to estimate the annual amount of l
cash fares that normally would have been collected on the Routes 914/916 if the service was
collecting fares under Metro's existing fare structure.
TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 914/916
Page 1 of 9
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3. CITY OF KENT'S RESPONSIBILITIES
3.1 Monetary Contributions. The City of Kent will reimburse the County for the estimated
amount of cash fares that the County would normally expect to be collected on this type and level
of DART service. Such reimbursement will be based on the methodology in Attachment A to
this Agreement that the Parties agree will be used to calculate the estimated amount of cash fares
lost to the County due to the Routes 914/916 being operated as Ride Free service.
3.2 The City will reimburse the County, via payment of an annual billing from the County, as
specified in Section 5.1 of this Agreement,the full amount of the cash fares estimated to be lost to
the County each year on the Route 914/916 service. Upon the completion of each calendar year,
the County will use data from that year to calculate the estimated lost cash fare revenue and
invoice the City accordingly. The methodology for calculating the estimated lost cash fare
revenue is specified in Attachment A.
3.3 The City will continue to be responsible for maintaining and managing the bus stops and the signs
at those stops that are located on private property and served by the Route 914/916 service.
4. TERM OF AGREEMENT
4.1 This Agreement shall commence upon signing by the Parties and, shall continue until such time
either Party decides to terminate the Agreement in accordance with Section 8. This Agreement
and the methodology in Attachment A will go into effect for 2016 and be applied to future
subsequent years.
5. INVOICES/PAYMENT PROCEDURES
5.1 The County will invoice the City at the end of each calendar year for its reimbursement, as
specified in Section 3.1 of this Agreement, for the cash fare revenue estimated to be lost due to
the operation of Routes 914/916 as Ride Free service.
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5.2 The methodology for estimating the lost cash fare revenue on Routes 914/916 is shown in
Attachment A. The estimate amount of fare revenue to be reimbursed will be adjusted each year
based on the DART service information generated for that particular year.
5.3 The City shall make payment within forty-five (45) days after receipt of an invoice. Should
Partner fail to pay the County the amount due within forty-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 employees or agents of one Patty or its contractors or subcontractors shall be
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TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE,914/916
Page 2 of 8
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 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 indemnitor's employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
6.4 Each Patty'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, 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 he 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, 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 60 calendar days prior to the County's March or September service change,
by written notice of intent to terminate.
8.2 In addition to termination under Subsection 8.1 of this Agreement, either Party may terminate this
Agreement for its convenience,provided that the other Party will be given not less than 90
TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND Tt1E CITY OF KENT
ROUTE 914/916
Page 3 of 8
calendar days prior to the County's next scheduled service change, by written notice of intent to
terminate.
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8.3 If either Parry terminates, the City will pay the County a pro-rated amount for the estimated cash
fare revenue lost as a result of operating the Routes 914/916 as Ride Free service until the date of
termination.
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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 farther 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.
13. 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.
TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 914/916
Page 4 of 8
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.
15. CONTACT PERSONS
The County and the City shall designate a contact person for purposes of sending inquiries and
notices regarding the execution and fulfillment of this Agreement.
City of Kent
Contact Name Kathy Hardy
Organization Public Works Department
Title Commute Trip Reduction Coordinator,Public Works Engineering
Address 400 West Gowe Street
Kent, WA 98032
Telephone 253 856-5583
E-Mail khardy@kentwa.gov
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King County
Contact Name Mike Beck
Title Contract Administrator, Service Development,Metro Transit Division
Address KSC-TR-0422
201 S. Jackson St.
Seattle,WA 98104
Telephone 206-477-5860
E-Mail mike.bcck@kingcoqnty. ov
TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 914/916
Page 5 of 8
16. 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 Z,,- day of
L,iQ'e r 2016.
KING COUNTY CITY OF KENT
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BY: Byt !
Title: j'fitle-
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Date: Date:
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TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE,914/916
Page 6 of 8
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ATTACHMENT A
Transit Revenue Agreement
City of Kent
CASH FARE REVENUE CALCULATION
A. Cash Fare Reimbursement
1. Cash Fare Reimbursement to be Made by City of Kent for Routes 914/916
The City of Kent agrees to reimburse the County for the estimated lost cash fare revenue
due to the operation of the DART Routes 914/916 as Ride Free service. The City agrees
to pay on an annual basis the amount of cash fare revenue calculated each year using the
methodology defined in this Attachment.
B. Methodology for Calculating the Estimate Amount of Lost Cash Fares
1. Following the end of each calendar year,the County will use annual service and revenue
information from its DART program to calculate the estimated cash fares lost on the
Routes 914/916. The annual information below will be produced by the County and
used in the calculation of the cash fare reimbursement amount to be paid by the City.
• Total DART Annual Service Hours, minus the service hours for any DART
routes not collecting fares.
• Total Annual Cash fares collected on all DART routes
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• Total Annual service hours on Routes 914/916
The above information will be used to calculate the following:
• Average Cash Fare per Service Hour: Total amount of cash fares collected
for the DART system divided by the total annual DART service hours, minus
any DART service hours associated with routes not collecting normal Metro
fares.
• Estimated Lost Cash Fares: Average cash fare per service hour x the number
of service hours operated for Routes 914/916
The following is an example using 2015 actual data.
TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 914/916
Page 7 of 8
Example:
2015
A. ANNUAL DART SERVICE HOURS 62,993
B. Minus 914/916 service hours* (6,991)
C. Minus 773/775 service hours* (6,383)
D. TOTAL NET DART SERVICE HOURS 49,619
E. ANNUAL CASH FARES COLLECTED ON ALL
DART ROUTES: $203,418
F. CASH REVENUE PER SERVICE HOUR: $4.10
(E/D
G. CASH REVENUE PER SERVICE HOUR
X 914/916 ANNUAL SERVICE HOURS: $28,660
(F *B )
ESTIMATED 914/916 LOST CASH FARES $28,660
DART routes that did not collect fares in 2015
TRANSIT REVENUE AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
ROUTE 914/916
Page 8 of 8
REQUEST FOR MAYOR'S SIGNATURE
]�IENT
Print on Cherry-Colored Paper
' Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Cheryl Viseth for Kathy Hardy Phone (originator); 5504 or 5583
Date Sent: 10/10/2016 Date Required: 10/20/2016
:.Return Signed Document to: Kathy Hardy or Cheryl Viseth Contract Termination Date:
VENDOR NAME: Date Finance Notified:
Kin Count Metro Tit (only required on contracts WA_
g y Transit 20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number
Authorized in the Budget? o YES UNO ' ;vt!'7"-o
Brief Explanation of Document:
Housekeeping item - Legal reviewed the attached agreement in July 2036. We were
remiss in turning in an agreement since 2006. This submission brings us back up
to-date.
This agreement is with King County Metro Transit to provide a funding source for Metro
DART Route 914/916 in Kent.
All Contracts Mu' ted Through The Law Departmenti
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�ki a�'ea to be completed by the Law Qepartmentj �y t�Y*- .-�
Received:' fl
Approval of Law Dept,:
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Law De t>Comments: _
Date Forwarded to-Ma or; F1
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€4Aea o Be Completed By Administration Staff
Received:
Recommendations and Comments:
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Dispositioy)Uglo A tjo
Date Returned: "
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