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Home My WebLink About5487 RESOLUTION NO. 5487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A FIFTH 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 Pierce County Public Transit Benefit Authority (collectively referred to as the "Parties") entered into a Transit Service Direct Financial Partnership Agreement (the "Agreement") to provide the Lakeland Hills-Auburn Sounder Station route ("Route 497"); and WHEREAS, The agreement has been amended three times to extend the service beyond the expiration date in the original agreement and once to add additional service stops; and WHEREAS, the third amendment extended service until February 9, 2020; and WHEREAS, there is a continued need to provide the Route 497 service to alleviate parking issues in downtown Auburn and traffic congestion on roads between the Lakeland Hills neighborhood and the Auburn Sounder Station; and WHEREAS, the Parties desire to continue the Route 497 service; and Resolution No. 5487 12/26/2019 Page 1 of 3 WHEREAS, King County does not desire to extend the agreement term beyond September 2020 because the funding program King County has utilized to provide its contribution to the 497 Route expires in September 2020; and WHEREAS, there is an understanding between the Parties that they will work together to prepare another amendment or new agreement that addresses the King County funding issue to allow the Route 497 agreement to continue beyond September 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. That the Mayor is authorized to execute a 5th amendment to the Transit Service Direct Financial Partnership Agreement between the City of Auburn and King County, which amendment shall be in substantial conformity with the amendment attached as Exhibit "A". 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 on passage and signatures. Resolution No. 5487 12/26/2019 Page 2 of 3 Dated and Signed this 21st day of January, 2020. CITY OF AUBURN NAN ACKUS, MAYOR ATTEST: Shawn Campbell, City Clerk APPROVED AS TO FORM: endra R. Comeau, City Attorney Resolution No. 5487 12/26/2019 Page 3 of 3 AMENDMENT No. 5 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING COUNTY and THE CITY OF AUBURN,WASHINGTON and PIERCE TRANSIT This Amendment No. 5 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 5" 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 Metro Transit Department(hereinafter the"County"or"Metro Transit") and the City of Auburn(the"City") and the Pierce County Public Transportation Benefit Authority("Pierce Transit"),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"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 Section 1 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 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 I 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, in January 2016 the Parties extended the Agreement to provide the enhanced transit service described in Part I of Attachment A(i.e.,Lakeland Hills-Auburn Sounder AMENDMENT NO. 5 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 1 of 4 Station route)until February 9, 2020, and adjusted the monetary contributions of the Parties to reflect increases to Pierce Transit's operating and capital costs for providing Route 497; and WHEREAS, in January 2018 the Parties agreed to implement additional trips on the Route 497 and adjust the monetary contributions for each Party accordingly; 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 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,the Parties agree that the performance indicators set forth in the agreement for Route 497 have been met; and WHEREAS,the Parties desire to continue the Route 497 partnership service; and WHEREAS,the King County Transit Now agreement utilized by the County to fund its share of this Route 497 partnership will reach the end of its10-year term in September 2020; and WHEREAS,there is an understanding between the Parties that they will work together to determine the appropriate contracting mechanism for continuing the Route 497 partnership beyond September 2020; 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 Part I of Attachment A(Lakeland Hills Service) in the Agreement is extended until September 30, 2020. 2. Lakeland Hill Service Cost Operating Cost: The operating cost for the Lakeland Hills service (Rt. 497)beginning on February 10, 2020 will be based on Pierce Transit's hourly rate of$102.97. Capital Cost: In addition to the operating costs,the Parties agree to pay for Pierce Transit's capital costs associated with the Lakeland Hills service. The total capital cost for this extension period from February 2020 to September 2020 is $56,853.89. Monetary Contributions: AMENDMENT NO.5 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 2 of 4 The Parties agree that beginning February 10, 2020 and through the term of this extension,the costs for continuing to provide nine (9)weekday AM northbound and nine(9)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 costs for this extension period are estimated below. The Parties will each be responsible for one-third(1/3)of the total costs. Feb 2020— Sept 2020 Operating Cost Capital Cost TOTAL COST ($102.97/hr x 2,893.4 hrs.) AUBURN $99,311.13 $18,951.30 $118,262,43 KING COUNTY $99,311.13 $18,951.30 $118,262,43 PIERCE TRANSIT $99,311.13 $18,951.30 $118,262.43 TOTAL: $297,933.39 $56,853.90 $354,787.29 3. No Other Modifications. Except as specifically provided for in this Amendment No. 5, all other provisions of the Agreement shall remain unchanged and in full force and effect. 4. Effective Date. This Amendment No. 5 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. 5 to the Agreement as of the date set forth below their signatures. AMENDMENT NO.5 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 3 of 4 KING COUNTY CITY OF AUBURN l," Ro." annon N ncY BOA General Manager, Metro Transit Department Mayor City of Auburn Date: #41 • T 'k+2.4:7 Date: '50 _2,141__. PIERCE TRANSIT By: r, f , , "i: ,.i)-' `1" 44 usan Dreier Chief Executive Officer Pierce Transit Date: j/al/ AMENDMENT NO.5 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 4 of 4