HomeMy WebLinkAbout5518 (2) RESOLUTION NO. 5518
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A FINANCIAL AGREEMENT BETWEEN THE
CITY OF AUBURN, KING COUNTY METRO, AND PIERCE
TRANSIT FOR BUS ROUTE 497
WHEREAS, in November 2008, King County Metro, Pierce Transit, and City of
Auburn signed a Transit Service Financial Agreement to provide commute alternatives to
Pierce County residents who work in King County; and
WHEREAS, in 2009, as a result of the Transit Service Financial Agreement, Pierce
Transit started the operation of route 497; and
WHEREAS, since 2008, the Service Partners signed five (5) amendments to the
Transit Service Financial Agreement to provide additional service to meet the added train
service at the Auburn station, and to extend the terms of the agreement to September of
2020.
WHEREAS, original Transit Service Agreement expires in September of 2020, and
is replaced by this new Transit Service Financial Partnership Agreement upon the
effective date;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City,
King County Metro, and Pierce Transit, which agreement will be in substantial conformity
with the agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5518
DATE May 28, 2020
Page 1 of 2 Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 1st day of June, 2020.
CITY OF AUBURN
CNCY CKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
t .Ul;\ ‘4,s_
Shawn Campbell, MMC, City Clerk e - endra Comeau, City Attorney
Resolution No. 5518
DATE May 28, 2020
Page 2 of 2 Rev.2018
DocuSign Envelope ID 667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
TRANSIT SERVICE FINANCIAL PARTNERSHIP AGREEMENT
BY AND BETWEEN
KING COUNTY
AND
THE CITY OF AUBURN, WASHINGTON
AND
PIERCE TRANSIT
THIS TRANSIT SERVICE FINANCIAL PARTNERSHIP AGREEMENT("Agreement") is made by and
between King County, a political subdivision of the State of Washington and home rule charter county
with broad powers to provide public transportation within the County's geographic boundaries,by and
through the King County' Metro Transit Department("County" or"Metro Transit"),the City of Auburn
("City")and the Pierce County Public Transportation Benefit Authority(or"Pierce Transit") (both
Washington municipal corporations referred to collectively as"Service Partner,"whether one entity or
multiple entities), all of which entities may be collectively referred to as the"Parties."
WHEREAS, in December 2008, the Service Partners signed a Transit Service Financial Agreement to
provide commute alternatives to Pierce County residents who work in King County; and
WHEREAS, in 2009, as a result of the Transit Service Financial Agreement,Pierce Transit started the
operation of route 497; and
WHEREAS, since 2008, the Service Partners signed five(5) amendments to the Transit Service Financial
Agreement to provide additional service to meet the added train service at the Auburn station, and to
extend the terms of the agreement to September 2020.
WHEREAS,original Transit Service Agreement expires in September 2020, and is replaced by this new
Transit Service Financial Partnership Agreement upon the effective date; and
WHEREAS,the Pierce Transit holds the authority to provide public transportation on its Route 497
serving Lakeland Hills and the Auburn Transit Center: and
WHEREAS,the Parties have identified funding within their organizations to participate in a financial
partnership to each fund a share of Pierce Transit's cost of operating Route 497; and
WHEREAS,the Parties have determined that the Route 497 serves and benefits customers and employees
of all three Parties; and
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
Page 1 of 10
DocuSign Envelope ID:667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
WHEREAS,Pierce Transit has determined it has the resources available to operate the Route 497 service
hours in accordance with the schedule specified within this Agreement; and
NOW,THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
AGREEMENTS SET FORTH HEREIN,AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION,THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED BY THE PARTIES,THE PARTIES HEREBY AGREE AS FOLLOWS:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement to establish the terms,conditions and responsibilities of the Parties in
relation to this transit service partnership, including methods of financing, operations,monitoring,
improving and terminating the partnership.
2. PIERCE TRANSIT'S RESPONSIBILITIES
2.1 Pierce Transit will provide transit service on Route 497 in accordance with the service
specifications set forth in Attachment A,which is incorporated herein and made a part of this
Agreement by this reference.
2.2 While Pierce Transit will hold authority and responsibility for conducting public participation
processes in advance of any significant service modification, as defined by Pierce Transit's
adopted service modification procedures, Pierce Transit will work together with the County and
the City of Auburn in the design and implementation of such changes.
2.3 Pierce Transit's cost allocation model will be used to determine the Parties' financial contributions
in accordance with this Agreement.
2.4 Pierce Transit will provide performance data using its standard ridership and service monitoring
practices. The Parties understand and agree that, notwithstanding the Parties' financial
contributions,the transit service referenced herein will be open to the general public.
2.5 Promotion. Pierce Transit will advertise the Route 497 via its normal marketing channels, and
will include the service information in Pierce Transit timetables and on Pierce Transit's Web site.
3. PARTIES' FINANCIAL RESPONSIBILITIES
3.1 Pierce Transit will provide transit service on Route 497 in accordance with the service
specifications set forth in Attachment A,which is incorporated herein and made a part of this
Agreement by this reference.
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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3.2 Each Party to this Agreement will be responsible for contributing one-third(1/3)of the cost for
operating the Route 497, based on Pierce Transit's fully allocated operating hourly rate and a
capital cost component for the transit vehicles. The cost each Party will be responsible for on an
annual basis shall be determined in accordance with Attachment A of this Agreement.
4. TERM OF AGREEMENT
4.1 This Agreement shall commence upon signing by the Parties (the"effective date")and, for the
service specified in Attachment A, expire five(5)years after the start of the effective date,unless
extended or earlier terminated pursuant to the terms of this Agreement. If after five(5)years the
Parties desire to continue this Agreement beyond the initial five-year period,this Agreement may
be extended by the Parties for up to an additional five(5)years without additional approval by the
Pierce Transit Board of Commissioners, City of Auburn City Council, or the King County
Council.
4.2 This Agreement is subject to review and approval by the King County Council and, if necessary,
the governing bodies of any other governmental entities that are Party to this Agreement.
5. INVOICES/PAYMENT PROCEDURES
5.1 Pierce Transit will invoice the County and the City of Auburn at the end of each quarter for each
Parties' share based on one-third of the actual cost to operate the service during that quarter. The
invoices will be based on the Pierce Transit service costs specified in Attachment A.
5.2 Estimates of the total service costs based on scheduled service hours are shown in Attachment A.
These estimates will be adjusted in January each year,based on Pierce Transit's fully allocated cost
and the capital cost associated with the transit vehicles. Pierce Transit will provide the annual
adjustments to King County and the City of Auburn for the service described in Attachment A.
5.3 The County and the City of Auburn shall make payment to Pierce Transit within forty-five(45)days
after receipt of an invoice. Should either the County or the City of Auburn fail to pay Pierce Transit
the amount due within forty-five(45)days of receipt of a billing invoice from Pierce Transit, a late
payment assessment shall be applied to any outstanding balance due for that invoice. The late
payment assessment shall be fixed at the maximum rate allowable under Washington State law.
6. RECORDS
6.1 Maintenance of Records. The Parties shall maintain books, records, and documents directly
pertinent to performance of the work under this Agreement for a period of six(6)years after
the expiration or earlier termination of the Agreement or longer if required by the Washington
State Archivist retention schedule.
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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6.2 Disclosure of Public Records. The Parties acknowledge that all non-privileged,non-exempt
records that may result from access to records under this Agreement are subject to public
disclosure.
7. INDEMNIFICATION AND LEGAL RELATIONS
7.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives
no right to any other person or entity. No joint venture or partnership is formed as a result of this
Agreement. No employees or agents of one Party or its contractors or subcontractors shall be
deemed,or represent themselves to be,employees,agents,contractors or subcontractors of the other
Party.
7.2 Each Party shall comply,and shall ensure that its contractors and subcontractors, if any,comply with
all federal,state and local laws,regulations,and ordinances applicable to the work and services to be
performed under this Agreement.
7.3 Each Party shall protect,defend,indemnify and save harmless the other Party,its elected officials,
officers,officials, employees and agents while acting within the scope of their employment as such,
from any and all costs,claims,judgments,and/or awards of damages, arising out of or in any way
resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully
responsible for the acts and omissions of its own subcontractors,their employees and agents, acting
within the scope of their employment as such,as it is for the acts and omissions of its own employees
and agents. Each Party agrees that its obligations under this provision extend to any claim,demand,
and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity
under Washington's Industrial Insurance Act,RCW Title 51,as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity of
claims made by the indemnitor's employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
7.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies
provided by law.
7.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The
Superior Court of King County,Washington,located in Seattle,Washington, shall have exclusive
jurisdiction and venue over any legal action arising under this Agreement.
7.6 The provisions of this Section 8 shall survive any termination of this Agreement.
8. INSURANCE REQUIREMENTS
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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Each party shall self-insure or procure and maintain for the duration of the Agreement, insurance or self-
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of this Agreement by the Parties.
9. CHANGES AND MODIFICATIONS
This Agreement may be amended or modified only by a prior written amendment signed by authorized
representatives of the Parties hereto. Such amendments and modifications may be executed by the
General Manager of the County's Transit Division without additional King County Council approval, so
long as any such amendments are consistent with the intent and purpose of this Agreement.
10. TERMINATION OF AGREEMENT
10.1 Any Party may terminate this Agreement in writing if another Party substantially fails to fulfill
any or all of its obligations under this Agreement through no fault of the other;provided,however,
that, insofar as practicable, the Party terminating the Agreement will give not less than 135
calendar days prior to Pierce Transit's next scheduled service change date,by written notice
delivered by certified mail,return receipt requested, of intent to terminate.
10.2 In addition to termination under Subsection 10.1 of this Agreement, any Party may terminate this
Agreement for its convenience,provided that the other Parties will be given not less than 135
calendar days prior to the Pierce Transit's next scheduled service change date, by written notice
delivered by certified mail,return receipt requested,of intent to terminate.
10.3 Performance of any responsibilities undertaken by the County pursuant to this Agreement beyond
the County's current appropriation year is conditional upon the appropriation by the County
Council of sufficient funds to support the work provided for in this Agreement. Should such an
appropriation not be approved,the Agreement shall terminate at the close of the current
appropriation year. King County is on a biennial budgeting cycle and appropriations end on
December 31st of the last year of the biennium(even calendar years).
10.4 Performance of any responsibilities undertaken by the City of Auburn pursuant to this Agreement
beyond the City's current appropriation year is conditional upon the appropriation by the City
Council of sufficient funds to support the work provided for in this Agreement. Should such an
appropriation not be approved,the Agreement shall terminate at the close of the current
appropriation year. The City of Auburn is on a biennial budgeting cycle and appropriations end
on December 31st of the last year of the biennium(even calendar years).
10.5 Performance of any responsibilities undertaken by Pierce Transit pursuant to this Agreement
beyond the agencies current appropriation year is conditional upon the appropriation by Pierce
Transit Board of Commissioners sufficient funds to support the work provided for in this
Agreement. Should such an appropriation not be approved,the Agreement shall terminate at the
close of the current appropriation year. Pierce Transit is on an annual budget cycle and
appropriations end on December 31st.
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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DocuSign Envelope ID:667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
10.6 If any Party terminates,the other Parties will pay Pierce Transit a pro-rated amount for services
performed in accordance with the Agreement to the date of termination.
11. FORCE MAJEURE
All Party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by a cause beyond its control, including,but not limited to:
any incidence of fire, flood, earthquake or acts of nature, including adverse winter weather; strikes or
labor actions; commandeering material,products, or facilities by the federal, state or local government; a
declared State of Emergency due to a public health emergency or pandemic; and/or national fuel shortage;
when satisfactory evidence of such cause is presented to the other Parties, and provided further that such
non-performance is beyond the control and is not due to the fault or negligence of the Party not
performing. In no event, however, shall this provision eliminate obligation to make payment to Pierce
Transit for services performed in accordance with this Agreement.
12. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of this Agreement unless stated to be such in
writing, signed by authorized Parties and attached to the Agreement as an exhibit.
13. ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors, and assigns;provided,however, that
neither Party shall assign nor transfer in any manner any interest, obligation or benefit of this Agreement
without the other's prior written consent.
14. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on any person or entity other than the
Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this
Agreement.
16. MUTUAL NEGOTIATION AND CONSTRUCTION
This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly
negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement
shall, in all cases,be construed according to its fair meaning and not strictly for or against any Party.
17. ALL TERMS AND CONDITIONS
This Agreement merges and supersedes all prior negotiations,representations and agreements between the
Parties related to the subject matter hereof, contains all the terms and conditions agreed upon by the
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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DocuSign Envelope ID 667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
Parties, and constitutes the entire agreement between the Parties. This Agreement may be amended only
by written agreement of the Parties. No other understandings, oral or otherwise,regarding the subject
matter of this Agreement shall be deemed to exist or to bind the Parties hereto.
18. CONTACT PERSONS
The Parties shall designate a contact person for purposes of sending inquiries and notices regarding the
execution and fulfillment of this Agreement.
City of Auburn
Contact Name Cecile Malik
Department Public Works
Title Senior Transportation Planner
Address 25 West Main Street, Auburn,WA 98001-4998
Telephone 253-876-1964
E-Mail cmalik@auburnwa.gov
Pierce Transit
Contact Name Duane Wakan
Department Planning
Title Senior Planner
Address 3701 96th Street SW Lakewood,WA 98499
Telephone (253)983-3396
E-Mail dwakan@piercetransit.org
King County
Contact Name Ryan Miller
Department Planning
Title Transportation Planner II
Address 201 S Jackson St Seattle, WA 98104
Telephone (206)477-5044
E-Mail Ryan.Miller@kingcounty.gov
Each Party agrees to advise the other Parties in writing with updates to its contact information as needed.
19. EXECUTION OF AGREEMENT—COUNTERPARTS
This Agreement may be executed in three(3) counterparts, either of which shall be regarded for all
purposes as an original.
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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DocuSign Envelope ID 667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
20. EFFECTIVE DATE
This Agreement shall take effect on the last date it has been executed by all Parties.
KING COUNTY CITY OF AUBURN
--DocuSigned by: DocuSigned by: (—DS
BY T By: /\( Pr
53E46&3EF&7-236=-. ACCEDD3537354C0...
Title: Interim General Manager Title: Mayor
Date: 11/5/2020 Date: 9/17/2020
PIERCE TRANSIT
By: Jai., x114
Title: Chief Executive Officer
Date: September 2, 2020
Reference PT# 1104
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
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DocuSign Envelope ID:667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
Attachment A
TRANSIT SERVICE FINANCIAL PARTNERSHIP AGREEMENT
City of Auburn
Pierce Transit
King County Metro
A. Service Description
The Lakeland Hills-Auburn Sounder Station route (Route 497) is a commuter service
established and operated by Pierce Transit through a funding partnership with the King
County and City of Auburn. The Lakeland Hills feeder operates between Lake Tapps
Parkway and Auburn Station, with one-way service to the station in the a.m. peak and
from the station to Lakeland Hills in the p.m. peak.
The purpose of the service on the Lakeland Hills feeder is to provide peak service to
connect residential areas to Auburn Station to facilitate transfers to Sounder commuter
rail, Sound Transit express bus service, and Metro bus service.
Service Level:
• Annual Service Hours: _4,357.12
• Number of Weekday A.M. Trips: 9NB
• Number of Weekday P.M. Trips: 9SB
Start Date for Service. Service under this Agreement will begin on October 1, 2020.
B. Service Costs
1. Operating Cost
The operating cost for the Lakeland Hills service (Rt. 497) beginning October 1, 2020
will be based on Pierce Transit's hourly rate of$102.97. 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.
2. Capital Cost
In addition to the operating costs, the Parties agree to pay for a share of Pierce
Transit's capital costs related to the provision of transit coaches for the Lakeland Hills
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
Page 9 of 10
DocuSign Envelope ID:667A9A6B-4A8B-4D5D-ABA4-5EAB3OEFED9E
service. The capital cost for this service from October 1, 2020 through December 31,
2020 is $21,320.21. This cost will be equally shared by the Parties.
3. Monetary Contributions
The Parties agree that beginning October 1, 2020 and through the term of this
Agreement, the costs for providing weekday AM northbound and 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.
TRANSIT SERVICE FUNDING AGREEMENT
BETWEEN CITY OF AUBURN,KING COUNTY AND PIERCE TRANSIT
Page 10 of 10
Route ��/^ Printed Date: 5/7/2020
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} Notes
0,666.7 0 5,333.3 10,666.7 Feet To and from Lakeland Hills and Auburn
t -- Transit Station.
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