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HomeMy WebLinkAbout5167 RESOLUTION NO. 51 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SECOND ADDENDUM TO THE TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY WHEREAS, On December 22, 2008, the City of Auburn and King County (the Parties) entered into a Transit Service Direct Financial Partnership Agreement (the "Agreement"); and WHEREAS, Section 4.1 of the Agreement provided each service specified in Attachment A would expire five years after the start of the service unless extended; and WHEREAS, the transit service enhancements provided for in Part II of Attachment A (i.e. Route 910) to the Agreement were implemented on or about October 2, 2010; and WHEREAS, the Parties now desire to extend the Agreement to provide the enhanced transit service described in Part II of Attachment A for an additional five-year period. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a 2nd Addendum to the Transit Service Direct Financial Partnership Agreement Resolution No. 5167 August 21, 2015 Page 1 of 2 between the City of Auburn and King County, which Addendum shall be in substantial conformity with the Addendum attached hereto as Exhibit "A". Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2015. CITY OF AUBURN M %A[\% I f\&j c . N N Y BA , MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVE O F RM: niel B. ` , City Attorney Resolution No. 5167 August 21, 2015 Page 2 of 2 AMENDMENT No. 2 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING COUNTY and THE CITY OF AUBURN,WASHINGTON This Amendment No. 2 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 2" or the "Second Amendment") is made by and between King County, a home rule charter county of the State of Washington,by and through its Department of Transportation, Metro Transit Division(hereinafter the"County" or"Metro Transit") and the City of Auburn (the "City), a Washington municipal corporation(referred to as"Service Partner"),both of which entities may be referred to hereinafter individually as"Party" or collectively as the "Parties." WHEREAS, on December 22, 2008 the Parties entered into a Transit Service Direct Financial Partnership Agreement(the "Agreement"); and WHEREAS, Section 4.1 of the Agreement provides that each service specified in Attachment A to the Agreement will expire five (5) years after the start of service ,unless extended pursuant to the terms of the Agreement; and WHEREAS., Section 4.1 of the Agreement further provides that if, after five (5) years the enhanced transit service described in PART II of Attachment A to the Agreement is deemed viable by the County pursuant to the performance indicators set forth in Section 2.2 of the Agreement and the additional performance benchmarks specified in Attachment A of the Agreement, and the Service Partner desires to have Metro continue to provide the enhanced transit service beyond the initial period, the Agreement may be extended by the Transit General Manager; and WHEREAS, the transit service enhancements provided for in Part H of Attachment A in the Agreement were implemented on or about October 2, 2010; and WHEREAS, on January 7, 2015 the Parties extended the Agreement to provide the enhanced transit service described in Part I of Attachment A (i.e., Lakeland.Hills-Aubum Sounder Station route) for an additional thirteen-month period, during which the Parties agreed to evaluate whether or not to extend the Agreement again consistent with the provisions of Section 4.1 of the Agreement; and WHEREAS, the County and the City of Auburn now desire to extend the Agreement to provide the enhanced transit service described in Part II of Attachment A(i.e., Route 910) for an additional five-year period; and AMENDMENT NO. 2 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Auburn,Washington Page 1 of 2 WHEREAS, Section 8 of the Agreement provides that the Agreement may be amended or modified by written agreement of the Parties, and further provides that such amendments and modifications may be made for the County by Metro's General Manager when such amendments are consistent with the intent and purpose of the Agreement; and WHEREAS, no other changes are contemplated except as included in Amendment No. 1. NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth herein, the Parties agree to amend the Agreement as follows: 1. Extension of Term of Agreement As provided for in Section 4.1, the enhanced transit service described in Par.II of Attachment A (Route 910) in the Agreement is extended until September 30, 2020. 2. No Other Modifications. Except as specifically provided for in this Amendment No. 2, all other provisions of the Agreement shall remain unchanged and in full force and effect. 3. Effective Date. This Amendment No. 2 shall be effective upon execution by the Parties. IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Amendment No. 2 to the Agreement as of the date set forth below their signatures. KING COUNTY SERVICE PARTNER City of Auburn By: -_ _ By: Kevin Desmond Name ff General Manager, Metro Transit Division Its: Mayor v Department of Tr sp rtation Date: Date: 9.24• AMENDMENT NO. 2 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Auburn,Washington Page 2 of 2