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Home My WebLink AboutContract 53210 CITY SECRETARY CONTRACT No. 53 a It) EASYRIDE TRANSIT AGREEMENT This Agreement Regarding Transit (this "Agreement") is entered into between the CITY OF FORT WORTH, whose address is 200 Texas Street, Fort Worth, Texas 76102, and the FORT WORTH TRANSPORTATION AUTHORITY, doing business and referred to this Agreement as "Trinity Metro", whose address is 801 Cherry Street, suite #850, Fort Worth, TX 76102. This Agreement's effective date is the last date shown in the signature blocks below. For good and valuable consideration, the CITY OF FORT WORTH and TRINITY METRO agree as follows: I. TERM. Service under this Agreement shall commence on January 1, 2020, and shall expire on December 31, 2020. Unless terminated pursuant to Paragraph 7, below this Agreement will continue to automatically renew for consecutive one year terms. 2. The CITY OF FORT WORTH ID HOLDERS' PARTICIPATION IN EASYRIDE. Any CITY OF FORT WORTH employee who possesses a valid and properly encoded CITY OF FORT WORTH identification card ("CITY OF FORT WORTH ID") that is capable of being read by TRINITY METRO's ID Readers (herein so called) may participate in Trinity Metro's EASYRIDE program ("EASYRIDE") to pay fares on TRINITY METRO fixed route buses and commuter trains in TRINITY METRO's Tarrant County service area (collectively, "TRINITY METRO Vehicles"). The CITY OF FORT WORTH shall determine employee eligibility at its sole discretion. 3. DATA TRANSFER. TRINITY METRO will provide the CITY OF FORT WORTH a secure FTP site for the transfer of files, which the CITY OF FORT WORTH will utilize to securely transfer data to TRINITY METRO, twice a month (first and third Monday), a data file of all CITY OF FORT WORTH employees eligible to participate in the EASYRIDE program under the terms of this Agreement. TRINITY METRO will import this data into its database and deploy it to its fleet of TRINITY METRO Vehicles overnight, so that only currently eligible CITY OF FORT WORTH employees are permitted to utilize this program. The CITY OF FORT WORTH understands that the data must be received by 2 PM on the defined Mondays in order to be deployed to the fleet for use the following day. Data transmitted by the CITY OF FORT WORTH to TRINITY METRO will be utilized and maintained according to protocols approved by both parties. 4. USE OF EASYRIDE ON TRINITY METRO VEHICLES. To use EASYRIDE for payment on a TRINITY METRO Vehicle, the CITY OF FORT WORTH ID holder must, upon boarding the TRINITY METRO Vehicle, present his or her CITY OF FORT WORTH ID for reading by TRINITY METRO equipment. The CITY OF FORT WORTH agrees to cooperate with TRINITY METRO to attempt to resolve problems, if any, related to the reading of CITY OF FORT WORTH IDs by TRINITY METRO's ID �3 4h5 6 Readers. Other electronic or physical media may be used in lieu of, or in addition to, c _ SFcq �o �q9y '" DEC 12 201° the CITY OF FORT WORTH ID, if both the CITY OF FORT WORTH and TRINITY METRO agree. 5. INVOICING AND PAYMENT OF THE CITY OF FORT WORTH EASYRIDE FARES. TRINITY METRO will electronically invoice the CITY OF FORT WORTH monthly. During the term of this Agreement, the amount invoiced will be as follows: each CITY OF FORT WORTH ID holder who uses a TRINITY METRO Vehicle as recorded by TRINITY METRO's ID Readers during the invoice period will be charged as a base fare per ride ($2.00) minus a 25% discount ($1.50) and capped monthly at the standard cost of TRINITY METRO's local monthly pass, minus the 25% discount ($60.00). All travel on fixed-route bus services and commuter rail services within Tarrant County will be eligible for the discounted rate. Payment of each invoice shall be made in full within 30 days of the date of the invoice. Each invoice shall detail the ridership of each CITY OF FORT WORTH ID holder utilizing this program, including dates and number of trips. TRINITY METRO will provide the CITY OF FORT WORTH an inventory of TRINITY METRO ACCESS One Ride tickets that can be used on TRINITY METRO paratransit vehicles. These tickets will be available by request and provided to the CITY OF FORT WORTH at a 25% discount as part of the EASYRIDE program. Regular one ride ticket cost is $4.00. TRINITY METRO ACCESS One Ride ticket cost with the 25% EASYRIDE discount is $3.00. 6. MARKETING. The parties will announce and market this program according to a plan approved by both parties. Any use by a party of the other party's web site, intellectual property, trademarks, service marks or copyrights (collectively, such party's "IP") shall require, in each instance, that party's prior written consent. Each party's IP shall remain that party's sole property. 7. TERMINATION OF AGREEMENT. Either party may terminate this Agreement by giving the other party written notice of its intent to terminate at least 180 days before the intended termination date. 8. INDEMNIFICATION. To the extent allowed by law and without waiving any governmental immunity, each party agrees to be responsible for and hold the other party harmless from and against any claims, demands or lawsuits arising out of the first party's own negligence or willful misconduct. Nothing contained in this Agreement shall be construed as an expressed or implied waiver by any party of any legal defenses including, but not limited to, the defense of governmental immunity. Nothing in the Agreement shall be construed to give rights to any person or entity that is not a party to this Agreement. 9. NOTICES. Any notice to be delivered to a party shall be transmitted by receipted overnight courier (such as Federal Express) or by certified mail, return receipt requested, to the following addresses: To TRINITY METRO: Bob Baulsir, President/CEO Trinity Metro 801 Cherry Street, Suite 850 Fort Worth, Texas 76102 To THE CITY OF FORT WORTH: David Cooke, City Manager 200 Texas Street Fort Worth, Texas 76102 Notices shall be deemed received on the earlier of actual receipt or, in the case of receipted overnight courier, the second business date after the notice was tendered to the courier. In the case of certified mail, the notice shall be deemed tendered on the earlier of actual receipt or the fifth business day after the notice was delivered to the USPS. 10. MISCELANEOUS. This document contains all of the terms and conditions of the agreement between TRINITY METRO and the CITY OF FORT WORTH. Any changes or additions to the Agreement must be in writing and signed by all parties to the Agreement. Neither party may assign its rights or obligations under this Agreement without written consent of the other party. The headings on paragraphs in this Agreement are for reference only and do not affect any of the terms of condition of this Agreement. Nothing in this Agreement shall be construed to limit the right of TRINITY METRO to establish transit routes or perform any other lawful functions. AGREED AND ACCEPTED to be effective as on the last date in the signature blocks below. City of Fort Worth Trinity Metro Attn: Dana Burghdoff, Attn: Bob Baulsir, Interim Assistant City Manager President/ CEO 200 Texas Street 801 Cherry Street, Ste. 850 Fort Worth TX 76102-6311 Fort Worth, TX 76102 Facsimile: (817) 392-8654 Facsimile: (817) 215-7533 With Copy to the City Attorney At same address CITY OF FORT WORTH, TEXAS: FORT WORTH TRANSPORTATION AUTHORITY: By: By: ' L �g Dana Burghdov f Bob Baulsir Interim Assistant City Manager President/CEO Date: ZT�/ Date: 2() APPROVAL RECOMMENDED: Attest: By: jjoBy: William Johnson,D?",`tor Reena Ryall Transportation and ulic Work Executive Assistant APPROVED AS TO FORM AND LEGALITY: By: Douglas W. Black Senior Assistant City Attorney M&C: N/A Date Approved: N/A rt ATTEST: By: .`,. M y J. K City Secretary CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 44�� Chad Edwards Regional Mobility and Innovation Officer 0FRUAL RECORD