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Home My WebLink About1051 - KCATA Contract 2011 i BILL NO. 2010-076 ORDINANCE NO. I�� ' AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT FOR TRANSIT SERVICE BY AND BETWEEN THE KANSAS CITY AREA TRANSPORTATION AUTHORITY AND THE CITY OF RIVERSIDE, MISSOURI IN AN AMOUNT NOT TO EXCEED $40,023 WHEREAS, the City of Riverside (the "City) is a city of the fourth class, with the authority pursuant to Chapter 70 of the Revised Statutes of the State of Missouri to enter into agreements with other political subdivisions; and WHEREAS, the Kansas City Area Transportation Authority ("KCATA") is a body corporate and politic and a political subdivision of the states of Missouri and Kansas with the authority to enter into agreements with other political subdivisions; and WHEREAS, a sound, efficient and viable public transportation system is essential to the socioeconomic well being of the Kansas City Area Transportation District (hereinafter referred to as the "District"), including the Counties of Cass, Clay, Jackson, and Platte in Missouri, and the Counties of Johnson, Leavenworth, and Wyandotte in Kansas; and WHEREAS, the KCATA is a public agency authorized by law to plan, own, operate, have and generally deal with public transportation systems and facilities in the District; and WHEREAS, the City desires to promote the convenience, comfort, prosperity, general interests and welfare of its citizens; and WHEREAS, the City of Riverside desires to enter into an agreement with the KCATA for transit services as set forth in Exhibit "A" attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1- APPROVAL OF CONTRACT That the Contract for Transit Services by and between the Kansas City Area Transportation Authority and the City of Riverside, Missouri, in substantially the same form attached hereto as Exhibit A is hereby authorized and approved in an amount not to exceed $40,023.00. SECTION 2- EXECUTION OF CONTRACT. That the City Administrator is authorized to execute the Contract and all documents necessary to the performance thereof, and the City Clerk is authorized to attest to the same. SECTION 3— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4— SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. BILL NO. 2�10-076 ORDINANCE NO. /DS f SECTION 5— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Alderm and APPROVED by the Mayor ofthe City of Riverside, Missouri, this �l5�`day of � , 2010. q,�tl��Q�� / Mayor Kathleen L. Rose ATTES�: � _. . � - - <> ' Lt��.�'> Robin Littrell, ity Clerk Approved as to Form: cy o son, City Attorney Twelve-Month Contract Jan. 1— Dec. 31, 2011 KANSAS CITY AREA TRANSPORTATION AUTHORITY Contract for Transit Service RIVERSIDE, MISSOURI THIS CONTRACT, entered into this _ day of December 2010 by and between the KANSAS CITY AREA TRANSPORTATION AUTHORITY (hereinafter referred to as the "KCATA"), a body corporate and politic and a political subdivision of both the States of Missouri and Kansas and the CITY OF RIVERSIDE, MISSOURI (hereinafter referred to as the "Cornmunity"). WITNESSETH: WHEREAS, a sound, e�cient and viable public transportation system is essential to the socioeconomic well being of the Kansas City Area Transportation District (hereinafter referred to as the "District"), including the Counties of Cass, Clay, Jackson, and Platte in Missouri, and the Counties of Johnson, Leavenworth, and Wyandotte in Kansas; and WHEREAS, the KCATA is a public agency authorized by law to plan, own, operate, have and generally deal with public transportation systems and facilities in the District; and WHEREAS, the Community desires to promote the convenience, comfort, prosperity, general interests and welfare of its citizens, and WHEREAS, the public transportation facilities and services of most immediate concern are th�se estimated to be provided by the KCATA at a deficit, described generally in amounts and, more specifically, by formula set fort in Amendment "A" adopted in January, 1976, modified in August, 1977, revised in January, 1983, and in December 1997. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: 1. The Community requests public transportation services (hereinafter referred to as "Contract Service", set forth in Attachment "B", be operated by the KCATA for the period January 1, 2011 through December 31, 2011. 2. The level of service as generally set forth in Attachment "B" shall not be changed or be modified without the consent of the Community. 1 � 3. The computations and, more specifically, the formula contained in Attachment "A" attached hereto and made a part hereof, are the accepted methods for the determination of the estimated deficit of the Communiry. 4. The KCATA and the Community estimate the Community's total payment for the service (hereinafter referred to as Local Share � to be $40,023. This estimate is based on the „ � following components of cost and revenue to be applied to the Agreement: Service Cost $ 47,086 Passenger Revenue 3 400 Estimated Total Deficit $ 43,686 Federal Preventative Maintenance $ ( 6,340) State of Missouri 304 Local Operating Contribution $ 37,042 Local Capital Contribution $ Z,981 Total Local Share $ 40,023 5. It is the understanding of the parties that, notwithstanding any provision of this Agreement, the maximum obligation of the Community under this Contract shall be the sum of $40,023. If the actual total deficit and other factors (i.e. early termination or lowering of service level) are such that the KCATA deems the full Local Share is not required, the KCATA shall require payment of less than the Local share, or reimburse the Community for a portion of the Local Share previously paid. 6. The method of payment of the Local Share provided for in Paragraph "4" is as follows: a. The Communiry's monthly Local Share will be one-twelfth of the Community's portion of the estimated total deficit amount for the twelve-month period. b. The KCATA will invoice the community for 90% of Comrnunity monthly Local Share by the 15th of the month preceding the month service will be provided. The Community is required to remit 90% of the monthly Local Share by the first of the month service will be provided. c. By the 20th of the month following the month in which service was provided, the KCATA will provide the Community with reports showing service capital and operating costs and revenue for Contract Services. The report will also provide a reconciliation of subsidy amounts with the advance payrnent provided to in Sub- paragraph "b". The report will detail Local Share and Federal and State Share amounts used to cover the month's service deficit. Any balance of Local Share subsidy required by the reconciliation will be invoiced at this time, to be paid within ten days. 2 . d. For the month of December, the monthly report and reconciliation provided for in Sub-paragraph "c" will not be prepared until the completion of the KCATA's annual audit. 7. When the estimated total deficit of $43,686 is reached, KCATA's obligation to furnish services shall terminate. The Community and KCATA may mutually agree to amend this Contract to provide additional operating subsidy or to adjust the level of service so that the cost of such service will not exceed the contractual subsidy. 8. If for any reason the KCATA is unable to obtain the federal or state assistance (the Federal and State Share), as provided for in Paragraph "4" of this Contract, the Community will be immediately notified and this contract will be amended to provide additional Local Share subsidy or to adjust the level of service. If a satisfactory amendment is not agreed to after a reasonable period, KCATA's obligation to furnish services will terminate. 9, The KCATA shall indemnify, save and hold the Community harmless from any and all damage, loss or liability of any kind whatsoever arising out of this Contract, including, but not limited to, any loss occasioned by reason of any injury to properly or third persons occasioned, in whole or in part, by any act, omission, neglect or wrongdoing of the KCATA, or any of its officers, agents, representatives or employees. At its own cost and expense, the KCATA will defend all losses arising therefrom. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. KANSAS CITY AREA TRANSP RTATION AUTHORITY , ��;,' `; � :�,-. � = BY' � ' . ` - - Mark E. H ffer, KCATA Manager ' �? _ __ -___ �,�,_ ATTEST: ^ ' , - � � � , � � � By: ( �� .�/-�=-�a�;i� �d L�� rs �� j r' CIT'Y OF RIVERSIDE, MISSOURI B� � c- / ( � � Y , Administra r ATTEST: '�� C�' �-�� By: 3 ATfACHMENT "A" REVENUE AND COST ALLOCATION PROCEDURES Operating Expense and Revenue The procedure to be used in determining passengers, direct operating expenses, indirect operating expenses, farebox revenue, and estimated loss for transit service shall be as follows: A. Passengers and Revenue - The number of passengers and the amount of revenue reported will be derived from electronic farebox reports. 1. Revenue figures are computed as follows: a. Total Fare Revenue is the total farebox revenue plus pass sales proration. b. Pass Sales proration for a line is the Pass Sales Revenue multipiied by a pass utilization factor as determined by data from electronic fareboxes. 2. Passenger rypes - definitions a. Intra-city passenger - a passenger boarding and alighting in the same jurisdiction. b. Inter-ciry passenger - a passenger who boards in one jurisdiction and alights in another. 3. Computation of inter-city and intra-city passengers a. Intra-city passengers for each subsidizing jurisdiction will be determined by multiplying total passengers by the appropriate intra-ciry passengers ratios as determined by periodic activity checks. An intra-city passenger ratio is the ratio of passengers who both board and alight a bus within that community to total route passengers on the line. b. Inter-city passengers for the route will be determined by subtracting the intra-city passengers from the total route passengers. B. Direct Operating Expenses - Each route shall be charged direct labor and benefits on the basis of scheduled pay hours (including allowances, spread, guarantee, and overtime) times the fully burdened operator cost per hour of service for each type of bus used I I 4 (Large, Small, or Metroflex). Each route shall be charged fuel and tire expense for the same type of bus used (Large, Small or Metroflex) in the proportion of route miles per type of bus to total system miles for the same type of bus. C. Indirect Operating Expenses - Indirect operating expenses shall be allocated to each route on the ratio of route miles to total system miles for the same type of bus used (Large, Small, or MetroFlex). Indirect operating expenses include all expenses except direct labor and fuel and tire expense, such as maintenance cost, vanpool operations, administrative and overhead expense, and a contribution to self-insured reserves for revenue vehicte and workers compensation. D. Estimated Net Income or Loss - Intra-City Routes - Estimated net income or loss for each route shall be calculated by subtracting total fare revenue for each route from the total operating expenses for each route. E. Allocation of Net Income or Loss on Inter-City Routes. 1. Suburban Express Routes a. A suburban express route is a route or portion of a route that is designed to serve inter-city passengers and suburban community intra-city passengers, and does not serve Kansas City, Missouri, intra-ciry passengers. b. Net income or net losses of inter-city routes shall be prorated among the subsidizing jurisdictions by calculating the net loss per passenger (total operating expense less total fare revenue) and then multiplying the net loss per passenger by the number of passengers boarding in each jurisdiction. 2. Local Service Inter-Ciry Routes a. A local service inter-city route is a route designed to serve Kansas Ciry, Missouri, intra-city passengers, as well as inter-city passengers and suburban community intra-city passengers. b. Revenue shall be credited among subsidizing jurisdictions by assigning intra-city passenger revenue to the jurisdiction in which the trips are made. Inter-city passenger revenue shall be assigned by calculating the revenue per inter-city passenger and then by multiplying the revenue per inter-ciry passenger by the number of inter-city passengers boarding in each jurisdiction. c. Operating costs shall be allocated among subsidizing jurisdictions as I fol lows 5 (I} Direct labor costs sha�l be allocated on the basis of operator cost per hour of service multiplied by the actual time operated in each jurisdiction. (2) Fuel and tire expense in the proportion of miles in each jurisdiction to total system miles. (3) Indirect operating expense in the proportion of miles in each jurisdiction to total system miles. d. The Net Income or Loss for each jurisdiction is calculated as the sum of direct labor cost, fuel and tire expense, and indirect operating expense, less passenger revenue credit. F. Capital Expense - Each jurisdiction will be charged capital expense, prorated on community miles to system miles, to be used for the acquisition of buses, facilities and other equipment. The capital charge may be used for the purchase of vans for a vanpool operation that will facilitate in providing a regional transit system. Such vanpool operation must provide service to or from the Community that is reasonable when compared to the amount of the Community's capital contribution for the vans. G. Enclave Communities - Local service inter-city routes operating from a part of Kansas City, Missouri, through another jurisdiction and into another portion of Kansas City, Missouri, will be treated differently for the allocation of Net Income or Loss. The Net Income or Loss for the intermediate (enclave) jurisdiction will be based on 50% of the calculated cost for that jurisdiction per Item "E". The remaining 50% of the calculated cost within the intermediate jurisdiction will be allocated to Kansas City, Missouri. H. For Service Implemented After December 31, 1997 — Service implemented after December 31, 1997, that is above the service level that exists as of December 31, 1997, will be allocated costs as stated in other sections of this Appendix, except for Indirect Operating Expenses. Indirect Operating Expenses shall be allocated to such service based on 45 percent of the ratio of route miles to total system miles for each type of bus. Indirect Operating Expenses include all expenses except direct labor and fuel and tire expense; such as maintenance cost, vanpool operations, administrative and overhead expense,etc. 6 . ATTACHMENT "B" CITY OF RIVERSIDE CONTRACT SERVICE Route #243- Antioch-Barrv Road Connector The KCATA agrees to furnish the following transit service to the City of Riverside via route #243-Antioch-Barry Road Connecter: Thirteen (13) trips each weekday, of which six (6) are eastbound and seven (7) are westbound during the time period of 6:16 a.m. to 7:08 p.m., and twelve (12) trips each Saturday, of which six (6) are eastbound and six (6) are westbound during the time period of 7:08 a.m. to 6:58 p.m., traversing NW Gateway, Vivion Rd., High Dr., 69 Highway, Riverway Blvd., Hwy. 9, I-635, Frontage Rd., and Argosy Pkwy, in Riverside, Missouri. The route is scheduled to make transfer connections with multiple KCATA routes at transit centers at Boardwalk Square and Antioch Center. Ridership data will be provided on an annual basis. Full Fare: $1.50 Reduced Fare: $0.75 7 r—, k � ��, f I 1�� r� I` II, I,i �e ;`� JAN 0 6 Z011 � �'� � � ATA. . ��,�,� Kansas City Area Transportation Authority ` ;! , y�— January 4, 2011 Ms Louise Rusick City Clerk City of Riverside 2950 NW Vivion Road Riverside, Mo 64150 Dear Ms Rusick: Enclosed is one original signature copy of the 2011 Kansas City Area Transportation Authority Contract for Transit Service for the City of Riverside. Thank you for your assistance in executing this document. Sincerely, � �N^� �'C/ � Donna Brown Special Programs Manager Enclosures Cc: Dick Jarrold Danny O'Connor 816-346-0200 • www.kcata.org 1200 East 18th Street, Kansas City, MO 64108