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HomeMy WebLinkAbout1940 Approving an Agreement with the Kansas City Area Transportation AuthorityBILL NO.2023-049 ORDINANCE NO. l 9 q o AN ORDINANCE APPROVING AN AGREEMENT WITH THE KANSAS CITY AREA TRANSPORTATION AUTHORITY BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — APPROVAL OF AGREEMENT. That the Riverside Board of Aldermen hereby approves the Agreement by and between the City and the Kansas City Area Transportation Authority, in substantially the form attached hereto, and the Mayor is authorized to execute the Agreement on behalf of the City. SECTION 2 — GRANT OF FURTHER AUTHORITY. The Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — REPEALER. Ordinance No. 1938 is hereby repealed. SECTION 4 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after 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 this 17- day of 2023. Robin Kincaid; 4y Clerk City of Riverside — 3 Month Contract August 1, 2023 — October 31, 2023 KANSAS CITY AREA TRANSPORTATION AUTHORITY A Contract for Transit Service RIVERSIDE, MISSOURI THIS CONTRACT entered into this day of , 2023 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; 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 Community requests IRIS transportation services from the KCATA through its third -party service provider WHC. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: The Community requests IRS transportation services (hereinafter referred to as "Contract Service"), set forth in Attachment "A," be operated by the KCATA for the period August 1, 2023, through October 31, 2023. 2. The level of service, as generally set forth in Attachment "A," shall not be reduced and changed or modified without the consent of the Community or cost will be adjusted. If the Community seeks an increase in IRIS transportation services then the parties will negotiate a new rate and increased contract amounts based on market rates. 3. The KCATA and the Community estimate the Community's total payment for the service (hereinafter referred to as "Local Share") to be $21,000 paid in advance of the start of any service each month or (based on current contract amount, Community will pay $7,000 to KCATA on the 1' of each month). The price for this service as shown below is a flat rate City of Riverside — 3 Month Contract August 1, 2023 — October 31, 2023 for the three month pilot. The Community recognizes that for continued services beyond the pilot period the price charged is likely to be greater. IRIS Service (3 Month Pilot) 21,000 Total Local Share $ 21,000 4. It is the understanding of the parties that, notwithstanding any provision of this Agreement, the maximum obligation of the Community under this Contract for public transit service shall be the sum of $21,000. The method of payment of the Local Share provided for in Paragraph "Y is as follows: a. The Community's monthly Local Share will be one-third of the Community's portion of the estimated total local share for the three-month period. b. The KCATA will invoice the Community for Community monthly Local Share by the 15th of the month preceding the month service will be provided. The Community is required to remit the monthly Local Share by the first of the month service will be delivered. 6. General Provisions: A. The parties do not intend to confer any benefit hereunder on any person, firm, or entity other than the parties hereto. B. This Contract shall bind and inure to the benefit of the legal representatives, successors and permitted assigns of the parties. C. This Contract may be executed at different times and in two or more counterparts and all counterparts so executed shall for all purposes constitute one contract, binding on all the parties hereto, notwithstanding that all parties shall not have executed the same counterpart. And, in proving this Contract, it shall not be necessary to produce or account for more than one such counterpart executed by the party against whom enforcement is sought. D. Notwithstanding any provision contained in this Contract to the contrary, this Contract shall become effective only after the execution and delivery of this Contract by each of the parties hereto and no course of conduct, oral contract or written memoranda shall bind the parties hereto with respect to the subject matter hereof except this Contract. E. Each party agrees to take such further actions and to execute such additional documents or instruments as may be reasonably requested by the other party to carry out the purpose and intent of this Contract. Except where expressly stated to be in a party's sole discretion, or where it is stated that a party has the ability to act in its sole judgment or for its own uses or purposes, wherever it is provided or contemplated in this Contract that a party must give its consent or approval to actions or inactions by the other party or a third party in connection with the transactions contemplated hereby, such consent or approval will not be unreasonably withheld or delayed. If no time period is set hereunder for a party to approve or consent to an action or inaction by the other party or a third party 2 City of Riverside — 3 Month Contract August 1, 2023 — October 31, 2023 such approval shall be given or affirmatively withheld in writing within ten (10) business days after it is requested in writing, or it shall be deemed given. F. In addition to any provisions expressly stated to survive termination of this Contract, all provisions which by their terms provide for or contemplate obligations or duties of a party which are to extend beyond such termination (and the corresponding rights of the other party to enforce or receive the benefit thereof) shall survive such termination. G. Any person executing this Contract in a representative capacity represents and warrants that such person has the authority to do so and, upon request, will furnish proof of such authority in customary form. 7. This Contract shall be deemed to have been made in, and be construed in accordance with, the laws of the State of Missouri. Any action of law, suit in equity, or other judicial proceeding to enforce or construe this Contract, respecting its alleged breach, shall be instituted only in the Circuit Court of Platte County, Missouri. 8. The headings included in this Contract are inserted only as a matter of convenience and for reference, and in no way define, limit, or describe the scope of intent of any provision, and shall not be construed to affect, in any manner, the terms and provisions hereof of the interpretation or construction thereof. 9. Issues regarding the contract document, changes, amendments, etc. are the responsibility of KCATA's Procurement Department. All notices and communications on all matters regarding this Contract may be given by delivery or mailing the same postage prepaid, addressed to the following: If to KCATA: Bryce Shields, Community Engagement and Affairs Partner Kansas City Area Transportation Authority 1200 East 181' Street Kansas City, MO 64108 If to City: Brian Koral, City Administrator City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 M City of Riverside — 3 Month Contract August 1, 2023 — October 31, 2023 THE KANSAS CITY AREA TRANSPORTATION AUTHORITY Melissa Bynum, Chair THE CITY OF RIVERSIDE, MISSOURI Name Date: Date: �3 and tle: Bria oral Administrator Attachments Attachment A: Contract Service 4 City of Riverside — 3 Month Contract August 1, 2023 — October 31, 2023 THE KANSAS CITY AREA TRANSPORTATION AUTHORITY By: Date: _— �� eli sa Bynum, Cw- THE CITY OF RIVERSIDE, MISSOURI Name and Title: Brian Koral City Administrator Attachments Attachment A: Contract Service 2 Date: City of Riverside — 3 Month Contract August 1, 2023 — October 31, 2023 ATTACHMENT "A" CITY OF RIVERSIDE, MISSOURI CONTRACT SERVICE IRIS provides a daily demand responsive service from 4 AM to 11 PM. Trips within the boundaries of the City of Riverside will have a fare of $0. Trips leaving or coming from boarders outside of Riverside will follow the IRIS pricing structure within Kansas City, MO. All fare revenues will be retained by KCATA. This service will begin August 1, 2023