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Home My WebLink About5209RESOLUTION NO. 5 2 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT BETWEEN THE CITY OF AUBURN, KING COUNTY AND PIERCE COUNTY PUBLIC TRANSIT BENEFIT AUTHORITY (PIERCE TRANSIT) WHEREAS, on December 22, 2008, the City of Auburn, King County, and the Pierce County Public Transit Benefit Authority (Pierce Transit) entered into a Transit Service Direct Financial Partnership Agreement (the "AgreemenY'); 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, the transit service enhancements provided for in Part I of Attachment A of the Agreement (i.e., Lakeland Hills-Auburn Sounder Station route) were implemented on or around February 9, 2010; and WHEREAS, the parties have twice previously amended the Agreement, including a December 2014, amendment whereby the Parties extended the Agreement to provide the enhanced transit service described in Part I of Attachment A until March 12, 2016, and the Parties agreed to evaluate whether or not to extend the Agreement again consistent with the provisions of Section 4.1: and WHEREAS, the Parties now desire to extend the Agreement to provide the enhanced transit service described in Part I of Attachment A of the Agreement for an additional five-year period. Resolution No. 5209 February 10, 2106 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Amendment No. 3 to the Transit Service Direct Financial Partnership Agreement between the City of Auburn, King County and Pierce Transit, which amendment shall be in substantial conformity with the amendment attached hereto as Exhibit fYA Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this �� day of ��-c� , 2016. CITY OF AUBURN ANCY B KlJ , MAYOR ATTEST: /��!1ll�-�-� C J.�:� Danielle E. Daskam, City Clerk FO Daniel B. Heid, City Attorney Resolution No. 5209 February 10, 2106 Page 2 of 2 , , �S ��2 ��1 �A I , � AMENDMENT No. 3 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT behveen HING COUNTY � and THE CITY OF AUBURN, WASHINGTON and PIERCE TRANSIT This Amendment No. 3 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 3" or the " Third 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") and the Pierce County Public Transportation Benetit Authority ("Pierce TransiP'), both Washington municipal.corporations (referred to collectively as "Service Partner," whether one entity or multiple entities), all of which entities may be referred to hereinafter separately as "Party" or together as "Parties." WHEREAS, on December 22, 2008 the Parties entered into a Transit Service Direct Financial Partnership Agreement (the "AgreemenY'); and WHEREAS, Section 4.1 of the Agreement provides that each service specified in Attachment A ro 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 Section I of Attachment A to the Agreement is deemed viable by the County pursuant to the performance indicators set for[h in Section 2.2 of the Agreement and the additional performance benchmarks specified in Attachment A of the Agreement, and the Parties desire to have Pierce Transit continue to provide the enhanced transit service beyond the initial period, the Agreement may be extended by the Parties; and WHEREAS, the transit service enhancements provided for in Part I of Attachment A in the Agreement were implemented on or about February 9, 2010; and WHEREAS, in December 2014 the Parties extended the Agreement to provide the enhanced transit service described in Part 1 of Attachment A(i.e., Lakeland Hills-Auburn Sounder Station route) until March 12, 2016, 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, 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 AMENDMENT NO. 3 to the Transit Service Direct Financial Partnership Agreement between King County, City of Auburn and Pierce Transi[ Page 1 of 3 modifications may be made for the County by Metro's General Manager when such amendmen[s are consistent with the intent and purpose of the Agreement; 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 Aereement As provided for in Section 4.1, the enhanced transit service described in Part I of Attachment A(Lakeland Hills Service) in the Agrecment is extended until February 9, 2020. 2. Lakeland Hills Service Cost O�erating Cost: The operating cost for the Lakeland Hills service (Rt. 497) beginning in 2016 will be based on Pierce Transit's hourly rate of $99.78 . The Parties agree that the operating hourly rate may be adjusted each year to reflect changes to Pierce Transit's service operation costs, however it is agreed that the operating hourly rate for this Agreement shall not increase by more than three percent (3%) each year. Capital Cost: In addition to the operating costs, the Parties agree to pay for Pierce TransiYs capital costs associated with the Lakeland Hills service. The total capital cost for this service is $71,155 per vear and is fixed Por the term ofthis extension period. Monetarv Contributions: The Parties agree that beginning January l; 2016 and through the [erm oPthis extension, the costs for providing seven weekday AM northbound and seven weekday PM southbound trips on the Lakeland Hills service (Route 497) will be divided equally between the three parties, King County, City of Auburn and Pierce Transit. The total Service cosu for 2016 are estima[ed below. The Parties will each be responsible for one-third (I/3) ofthe total costs. 2016 Operating Cost Capital Cost TOTAL COST ($9998/hr x 3,811 annual hrsJ AUBURN $ 126,754 $ 23,718 $ 150,472 KING COIJNTY $ 126.754 $ 23,718 $ 150,472 PIERCE TRANSIT $ 126,754 $ 23,718 $ 150,472 ANNUAL TOTAL: $ 38Q 261 $ 71,155 � 451,416 AMENDMENT NO. 3 to the Transit Service Direct Financial Partnership Agreement bctween King County, City of Auburn and Pierce Transi[ Page 2 of 3 3. 4. Additionally, Pierce Transit intends to provide an eighth weekday AM northbound and an eighth weekday PM southbound trip on Route 497. These trips will be funded separately by Pierce Transit and are not included as part of this Amendment No. 3.to the Agreement. No Other Modifications. Except as specifically provided for in this Amendment No. 3, all other provisions of the Agreement shall remain unchanged and in full force and effect. Effective Date. This Amendment No. 3 shall be effective upon executio� by the Parties. IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Amendment No. 3 to the Agreement as of the date set forth below their signatures. KING COUNTY CITY OF AUBURN By: ✓�� v — By �.�,»�t-- �� 'T'^�i General Manager, Metro Transit Division DepaRment of Transportation Date: �S ��µ � � � PIERCE TRANSIT I: Sue Dreier Chief Executive Officer Pierce Transit Date: Cail ancy Ba us Mayor City of Auburn Date: FEB 16 2016 AMENDMENT NO. 3 to the Transi[ Service Direct Financial Partnership Agreemen[ be[ween King County, City of Aubum and Pierce Transit Page 3 of 3 3. 4. Additionally, Pierce Transit intends to provide an eighth weekday AM northbound and an eighth weekday PM southbound trip on Route 497. These trips will be funded separately by Pierce Transit and are not included as part of this Amendment No. 3.to the Agreement. No Other Modifications. Except as specifically provided for in this Amendment No. 3, all other provisions of the Agreement shall remain unchanged and in full force and effect. Effective Date. This Amendment No. 3 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. 3 to the Agreement as of the date set forth below their signatures. � KING COUNTY : Kevin Desmond General Manager, Metro Transit Division Department of Transportation P[ERCE TRANSIT � . ue Dreier Chief Executive Officer Pierce Transit Date: �'�/��(p CITY OF AUBURN [3y: Nancy Backus Mayor City of Auburn Date: AMENDMENT NO. 3 to the Transit Service Direct Financial Partnership Agreement between King County, City of Auburn and Pierce Transit Page 3 of 3 _*„ CITY OF * - ��j� � AU=BURN �t�� WASHINGTON March 7, 2016 Mr. Doug Johnson Transportation Planner III Metro Transit Division MS: KSC-TR-0422 201 S. Jackson Street Seattle WA 98104-3856 A �.� Nancy Backus, Mayor 25 West Main Street * Auburn WA 98001-4995 * www.auburnwa.gov * 253-931-3000 BtECEIVED �� 0�1��4�- MAR 18 2016 X� � _ t� _ Ciry of Auburn `tP �� G�p S«" CDPW - Engineerfo9 Servlcea �� ,�"'�° Go�"�y '�� 5 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Amendment Number 3 to Transit Service Direct Financial Partnership Agreement Dear Mr. Johnson: Enclosed are three copies of Amendment Number 3 to the Transit Service Direct Financial Partnership Agreement to continue operation of the Route 497 signed by Mayor Backus. Please have the appropriate person sign these copies and return one original copy to me for our files. Thank you very much for your help with this process. If you have any questions about this, please contact me at 253-804-5050 or by email at IWelshna auburnwa.qov. Sincerely, � � �it/� Joseph M. Welsh Transportation Planner Community Development and Public Works Department JMW/as Enclosure cc: Ingrid Gaub, Assistant Director of Engineering/City Engineer Pablo Para, Transportation Manager AUBURN * MORE THAN YOU IMAGINED