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HomeMy WebLinkAboutRes 0362 - Metro Transit Contract WASHINGTON RESOLUTION NO. 362 RESOLUTION RATIFYING METRO TRANSIT CONTRACT WHEREAS, The City Council by Resolution No. 352 authorized Frank Todd, Mayor, to negotiate a contract with officials of Metro Transit to provide suburban area bus service for the City of Tukwila and, WHEREAS, A contract was negotiated, which was approved by vote of the City Council on July 2, 1973, and WHEREAS, Councilman Traynor and Councilman Johanson expressed a desire to amend the contract if possible, by including a provision which would enable the City of Tukwila to cancel the agreement in the event of insufficient use by the public, and WHEREAS, Such a provision was included in the Metro Transit contract, a copy of which is attached hereto and incor- porated herein by reference, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RESOLVE AS FOLLOWS: That the contract entered into with Metro Transit and executed by Frank Todd, Mayor, and Shirlee Kinney, Clerk, on behalf of the City of Tukwila on July 10, 1973, be and the same is hereby approved, ratified and confirmed. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR lU at a regular meeting thereof 6th day of August, 1973. Frank Todd Mayor Shirlee Kinney City Clerk TRANSPORTATION SERVICES AGREEMENT THIS AGREEMENT is made as of this 1ci day of July, 1973, between the MUNICIPALITY OF METROPOLITAN SEATTLE, a municipal cor- poration of the State of Washington (hereinafter referred to as "Metro and the CITY OF TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to as the "City WHEREAS, pursuant to Chapter 35.58 RCW, Metro has been authorized by public vote to exclusively perform the function of metropolitan public transportation within the Municipality; and WHEREAS, Metro is willing to provide supplemental local transit service for cities located within the Municipality if such cities reimburse Metro for any additional operating deficit result- ing from such supplemental service and if such supplemental service will not adversely affect the revenues and general services of the Metro Transit System; and WHEREAS, the City has requested Metro to provide supple- mental local transit service for the City for a one -year period and has agreed to pay the full amount of additional operating deficit resulting therefrom; and WHEREAS, performance of supplemental local transit service to and within the City is consistent with the comprehensive plan for metropolitan public transportation, is in the public interest and authorized by Chapter 35.58 RCW, and will benefit the revenues and general service of the Metro Transit System; NOW, THEREFORE, IT IS HEREBY AGREED by the parties hereto as follows: Section 1. Services and Fares. Commencing August 1, 1973, Metro shall provide supplemental local transit services for the City -2- substantially according to the routes and schedules set forth on Exhibit "A" attached hereto and hereinafter referred to as "the route." Metro shall provide all personnel and equipment necessary to perform such services. Metro may vary the services provided on the route during the initial months of the agreement term to provide for driver orientation, schedule development and response to public requests for service. Metro shall not be obligated to operate any supplemental local transit service outside the City limits of Tukwila or to provide such service, or any part thereof, after the expiration of this agreement. In consideration for reimbursement to Metro as specified in Section 2, no fare shall be charged by Metro for local transit service on the route during the term of this agreement, unless a fare is authorized by the City Council to be fixed and collected by Metro and credited to the City's account as provided in Section 6. Persons utilizing the supplemental local transit service shall not be entitled to a transfer for travel on the basic Metro Transit System connecting with the route, and fares, zones and transfer and pass regulations for the basic Metro Transit System shall be as provided by generally applicable resolutions adopted by the Council of the Municipality of Metropolitan Seattle. In no event shall Metro be required to subsidize the supplemental local transit service which it shall provide for the City pursuant to this agreement. Section 2. Reimbursement and Billing. In consideration of the supplemental local transit service provided on the route during the term of this agreement, the City shall reimburse Metro for all operating costs incurred in providing such service not to exceed the total amount of $30,000, hereinafter called the "reim- bursement amount." Metro shall bill the City on a monthly basis within ten (10) days after the last day of each month for the total monthly operating cost of supplemental local transit services provided on the route. The total monthly operating cost shall be calculated by multiplying the total vehicle hours operated in conjunction with the route each month by the current Metro rate of operating cost per vehicle hour. That rate is presently $13.20 per vehicle hour, but it is anticipated that the rate will increase to approximately $14.00 per hour in November, 1973. Metro therefore reserves the right to adjust the rate of operating cost per vehicle hour during the term of this agreement because of changes in actual costs for such items as labor, equipment and fuel. The City shall pay the bill within thirty (30) days of receipt thereof. This agreement may be amended as provided in Section 4 to adjust said reimbursement amount and rate of operating cost. Section 3. I: ports. Metro shall provide to the City upon written request of the Mayor a detailed explanation of how the total monthly operating cost was calculated, including a break- down of the rate of operating cost per vehicle hour. Metro shall also furnish upon City request such ridership information as Metro can reasonably acquire, providing the City bears the cost thereof. Section 4. Contract Period, Amendment and Cancellation. Metro shall provide supplemental local transit service for and within the City on the route commencing August 1, 1973, and termi- nating July 31, 1974, unless this agreement is otherwise extended by agreement of the parties. This agreement may be cancelled prior to July 31, 1974, by either the City or Metro under the following conditions: a) If during the term of this agreement the operating cost of the supplemental local transit service -3- described herein exceeds the reimbursement amount set forth in Section 2, either party shall have the right to cancel this agreement upon ten (10) days written notice. The City shall thereafter reimburse Metro for all operating costs incurred on the route prior to the actual termination of services. In lieu of cancellation, Metro and the City may agree in writing to increase the reimbursement amount or to adjust the routes and schedules described on Exhibit "A" to reduce operating cost. b) The City may review the level of ridership on the route and its benefits to the City after Metro has provided supplemental local transit service to the City for eight months. If the City determines from such review that the ridership and benefits do not warrant continuation of the service, the City shall have the right to cancel this agreement upon thirty (30) days written notice. The City shall thereafter reimburse Metro for all operating costs incurred on the route prior to the actual termination of services. This agreement, and any part thereof, may be amended by written agreement of the parties hereto. In no event will Metro incur operating cost to provide supplemental local transit service on the route in excess of the reimbursement amount which the City has agreed to pay. Section 5. Adjustments in Service. Metro shall have the discretion to make adjustments in the equipment, route or levels of service described in this agreement providing that service is maintained at substantially the same level as described in Exhibit "A The City may also request Metro to make adjustments in the equipment, route and levels of service during the term of this -4- agreement. If Metro determines to make any adjustments, the ex- tent and nature of the adjustments shall first be explained to representatives of the City thirty (30) days prior to implementa- tion unless a shorter period of time is otherwise authorized by the City. Section 6. Adjustments in Fares. If during the term of this agreement the City Council determines to help offset the operating cost for the route by fare collections, the City may recommend a fare to Metro, and Metro shall thereafter fix and col- lect such fare. All fare revenues so collected shall be credited to the City's account on a monthly basis to reduce the amount billed by Metro for local transit operating cost. Section 7. Contingency. This agreement and any of the services performed hereunder are contingent and expressly conditioned upon the ability of Metro to provide the above described services in a manner consistent with the Comprehensive Plan for metropolitan public transportation and state law. Section 8. Notice. Whenever by this agreement notice is required to be given, the same shall be given by registered mail addressed to the respective parties at the following addresses: Municipality of Metropolitan Seattle 410 West Harrison Street Seattle, Washington 98119 City of Tukwila 14475 59th Avenue South Tukwila, Washington 98067 unless a different address shall be hereafter designated in writing by either of the parties. The date of giving such notice shall be deemed to be the date of mailing thereof. Billings for and payments of reimbursement amounts may be made by regular mail. Section 9. Execution of Documents. This agreement shall be executed in four (4) counterparts, any of which shall be regarded -5- for all purposes as one original. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ATTEST: By ATTEST: B B. Carol Clerk wf the Council City Clerk MUNICIPALITY OF METROPOLITAN SEATTLE By e&„, C. Carey/ Doo nwiorth Chairman of the Council CITY OF TUKWILA, WASHINGTON By -6- Frank E. Todd,` Mayor STATE OF WASHINGTON STATE OF WASI-IINGTON ss. COUNTY OF K I N G On this day of. July, 1973, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared C. CAREY DONWORTH and B. J. CAROL, to me known to be the Chairman of the Council and the Clerk of the Council, respectively, of the MUNICIPALITY OF METRO- POLITAN SEATTLE, the municipal corporation that executed the fore- going instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. ss. a 4(,1,1 No ry Public in and for be State f W. ington, residing at O c! G/-r-t I ZC= COUNTY OF K I N G On this day of July, 1973, before me, the under- signed, a Notary Public in and for the State of Washington, duly corr issioned and sworn, personally appeared FRANK E. TODD and to me known to be the Mayor and City Clerk, respectively, of the CITY OF TUKWILA, WASHINGTON, the municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. no'ea`r Public in and for the State of Washington, residing at Mi,.. -7-