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HomeMy WebLinkAbout1699 Contract for Transit Service with Kansas City Area Transportation Authority BILL NO. 2019-062 ORDINANCE NO. 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 $7,926.00 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 a six-month 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 six-month 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 $7,926.00. SECTION 2 - EXECUTION OF CONTRACT. That the Mayor or 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.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. 2019-062 ORDINANCE NO. 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 Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 17th day of December, 2019. M or Kathleen L. ose ATTEST: Robrii Kinpafd;-City Clerk City of Riverside-Six Month Contract January 1,2020–June 30,2020 KANSAS CITY AREA TRANSPORTATION AUTHORITY Contract for Transit Service RIVERSIDE,MISSOURI -r THIS CONTRACT,entered into this 17 day of-&—, 2019 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 "Community"). WITNESSETH: WHEREAS,a sound, efficient and viable public transportation system is essential to the socio- economic wellbeing 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 those estimated to be provided by the KCATA at a deficit, described generally in amounts and,more specifically,by formula set forth in Attachment"A" adopted in January, 1976, modified in August, 1977,revised in January, 1983, and December 1997. NOW,THEREFORE,for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: A. Public Mass Transit Service 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 1,2020,through June 30,2020, unless sooner terminated under Paragraph "8" of this Contract. 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. 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 1 City of Riverside-Six Month Contract January 1,2020—June 30,2020 determination of the estimated deficit of the Community. 4. The KCATA and the Community estimate the Community's total payment for the service(hereinafter referred to as "Local Share")to be$7,926. This estimate is based on the following components of cost and revenue to applied to this Agreement: Service Cost $ 12,451 Passenger Revenue $ 950 Total Operations $ 11,501 Federal PM ($ 3,814) Missouri State Funding ($ 451) Local Operating Contribution $ 7,236 Local Capital Contribution $ 690 Total Local Share $ 7,926 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$7,926. If the actual total deficit and other factors are such that the KCATA deems the full Local Share is not required,the KCATA may require payment of less than the total Local Share or reimburse the Community for a portion of the Local Share previously paid. 6. When the estimated total operating loss of$11,501 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. 7. The method of payment of the Local Share provided for in Paragraph "4" is as follows: A. The Community's monthly Local Share will be one-sixth(1/6)of the Community's portion of the estimated total deficit amount. B. The KCATA will invoice the Community for ninety percent(90%)of Community monthly Local Share by the 15th of the month preceding the month service will be provided. The Community is required to remit ninety percent (90%)of the monthly Local Share by the first of the month service will be delivered. C. By the 20th of the month following the month in which service was provided, the KCATA will give the community 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 payment provided to in Sub- 2 City of Riverside-Six Month Contract January 1,2020—June 30,2020 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. 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. The invoice of November 15,provided for in Sub-paragraph"B,"will require payment of the unexpended balance of the Community's Local Share. 8. The Community may cancel or amend any component or portion of the Transit Service described in Appendix B at the beginning of a quarter,provided that written notice is given to KCATA, sixty(60) days before the affected quarter. 9. If for any reason the KCATA is unable to obtain the federal or state assistance,and/or the State of Missouri Public Transit Operating Assistance Grant 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. 10. 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 property 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. 11. The Community recognizes that the KCATA,as the principal public transportation operator in the region,is obligated to conform with various regulations and requirements of the Federal Transit Administration to maintain its eligibility for financial assistance pursuant to the Federal Transit Act. In this regard,the Community agrees to cooperate with the KCATA in the meeting said regulations,requirements and will not require the KCATA to violate said regulations and requirements. The Community will also cooperate with reasonable requests of the KCATA,and the KCATA agrees to make all such records available to the Community for the auditors upon reasonable request of the Community. 12. The Community at its expense shall have the right to cause an audit to be made of the books and records of the KCATA,and the KCATA agrees to make all such records available to the Community for the auditors upon reasonable request of the Community. 13. In carrying out this Contract, KCATA and the Community shall comply with all existing federal, state, and local laws relative to equal opportunity and nondiscrimination. All of which are incorporated by reference and made part of this Contract. The KCATA will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, national 3 City of Riverside-Six Month Contract January 1,2020—June 30,2020 origin, or ancestry. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay other or other forms of compensation; and selection for training, including apprenticeship. The KCATA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting for the provisions of this nondiscrimination clause. B. Americans with Disabilities Act of 1990 Special Service Provision Whereas a contractual relationship is established with Riverside,Riverside does not require the KCATA to provide public transit services that conflict with the American with Disabilities Act of 1990 and subsequent federal regulations regarding compliance with this law. 4 t l r t b City of Riverside-Six Month Contract ,January 1,2020—dune 30,2020 f I IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed as sof the � day and year first above-written, KANSAS CITY AREA TRANSPORTATION AUTHORITY i By: I y� sa, Daniel Serda,Chairman of the Board of Commissioners y i ATTEST: j I By: ' itn ss f i CITY OF 3EH + S , AHSSOURI Bye wine;Ci ATzli stiair ofRi side:77 moi- . By: City Clerk I i f i I i r r I �I I I r i i 5 I r i f City of Riverside-Six Month Contract January 1,2020—June 30,2020 ATTACHMENT "A" REVENUE AND COST ALLOCATION PROCEDURES 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 multiplied by a pass utilization factor as determined by data from electronic fareboxes. 2. Passenger types-definitions a. Intra-city passenger-a passenger boarding and alighting in the same jurisdiction. b. Inter-city 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-city passenger 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 based on 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(Large, Small, or RideKC Flex). Each route shall be charged fuel and tire expense for the same kind of coach used(Large, Small, or RideKC Flex)in the proportion of route miles per type of bus to total system miles for the same kind of bus. 6 City of Riverside-Six Month Contract January 1,2020—June 30,2020 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 RideKC Flex). 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 vehicle 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-city 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-City Routes a. A local service inter-city route is a route designed to serve Kansas City, 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 allocated by calculating the revenue per inter-city passenger and then by multiplying the revenue per inter-city passenger by the number of inter-city passengers boarding in each jurisdiction. C. Operating costs shall be allocated among subsidizing jurisdictions as follows: (1) Direct labor costs shall be allocated based on 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. 7 City of Riverside-Six Month Contract January 1,2020—June 30,2020 (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 expenses, etc. 8 City of Riverside-Six Month Contract January 1,2020—June 30,2020 ATTACHMENT "B" CITY OF RIVERSIDE-CONTRACT SERVICE The KCATA agrees to furnish the following transit service to the City of Riverside via route #243-Riverside/Antioch Connector: * Route#231-Riverside/Antioch Connector,twenty-three (23)trips each weekday, of which eleven (11) are eastbound, and twelve (12) are westbound during the period of 6:46 a.m. to 6:12 p.m. The route will make scheduled transfer connections with multiple bus routes at the KCATA Antioch Center park-and-ride facility. Route#231 will serve Riverside via NW Gateway, Vivion Road, and High Drive (to access Riverside Community Center and City Hall). Passenger Fare,Pass,and Transfer Policy: • One Adult Full Fare Trip: $1.50 • One Adult Reduced Fare: $0.75 9