CITY OF RALEIGH, NORTH CAROLINA,

Transcription

1 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CITY OF RALEIGH, NORTH CAROLINA RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY CAPITAL AREA METROPOLITAN TRANSPORTATION ORGANIZATION RALEIGH DURHAM AIRPORT AUTHORITY TOWN OF CARY, NORTH CAROLINA WAKE COUNTY, NORTH CAROLINA REGARDING COST SHARING AND PROCUREMENT OF WAKE COUNTY TRANSIT INVESTMENT STRATEGY This Amendment (the Second Amendment ), entered into this the day of, 2015, by and between the CITY OF RALEIGH, NORTH CAROLINA, a public body politic and corporate of the State of North Carolina (hereinafter Raleigh ), RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY d/b/a Triangle Transit, a regional government authority (hereinafter Triangle Transit ), CAPITAL AREA METROPOLITAN TRANSPORTATION ORGANIZATION, an agency designated as Metropolitan Planning Organization (hereinafter CAMPO ), RALEIGH-DURHAM AIRPORT AUTHORITY, a municipal corporation chartered by the General Assembly of North Carolina and existing by virtue of Chapter 168, Public-Local Laws of 1939, as amended (hereinafter Airport Authority ), the TOWN OF CARY, NORTH CAROLINA, a public body politic and corporate of the State of North Carolina (hereinafter Cary ) and WAKE COUNTY, NORTH CAROLINA, a public body politic and corporate of the State of North Carolina (hereinafter Wake County ); individually referred to as Party and collectively referred to herein as the Parties ; WITNESSETH: WHEREAS, the Parties have entered into an Interlocal Agreement regarding Cost Sharing and Procurement of Wake County Transit Investment Strategy (hereinafter Interlocal Agreement or ILA ) on November 1, 2014; and WHEREAS, the Parties have entered into a First Amendment to the Interlocal Agreement on November 1, 2014 that added the RALEIGH DURHAM AIRPORT AUTHORITY as a party to the Interlocal Agreement; and WHEREAS, WAKE COUNTY, as authorized by the First Amendment to the Interlocal Agreement, entered into a separate Funding and Participation Agreement on November 1, 2014 with NORTH CAROLINA STATE UNIVERSITY, a constituent institution of The University of North Carolina (hereinafter NCSU ), and RESEARCH TRIANGLE FOUNDATION OF NORTH CAROLINA, a North Carolina non-profit corporation (hereinafter RTF ) (collectively Non-Party Stakeholders ) for the limited

2 purposes of accepting pledged cost shares and allowing participation in the Wake County Transit Investment Strategy; and WHEREAS, the Parties and Non-Party Stakeholders agree that the additional consulting services and comprehensive community outreach need to be executed to ensure the best possible outcome for investment of transit in our community; and WHEREAS, the Parties and Non-Party Stakeholders agree to increase their respective cost shares for the Wake County Transit Investment Strategy in the manner and amounts set forth herein. NOW THEREFORE, for and in consideration of the promises and covenants contained in this Second Amendment and the mutual benefits derived therefrom, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Article II Term is hereby amended by modifying 2.01 as follows (modifications to original text shown in bold): 2.01 The term of this Agreement shall run from the date of execution of this Agreement by Parties hereto through December 31, Article IV Method of Funding is hereby amended by deleting Section 4.01 in its entirety and replacing it with the following (modifications to original text shown in bold) : 4.01 The Parties and non-party stakeholders shall contribute to the cost of the consultant s services and community outreach as follows: a) Wake County-up to One Hundred Two Thousand One Hundred and Seventy Four Dollars ($102,174.00); b) Raleigh-up to One Hundred Two Thousand One Hundred and Seventy Four Dollars ($102,174.00); c) Triangle Transit-up to One Hundred Two Thousand One Hundred and Seventy Four Dollars ($102,174.00); d) CAMPO-up to One Hundred Two Thousand One Hundred and Seventy Four Dollars ($102,174.00); e) Cary-up to Twenty Thousand Four Hundred and Thirty Five Dollars ($20,435.00) f) NCSU up to Twenty Thousand Four Hundred and Thirty Five Dollars ($20,435.00); g) RTF up to Ten Thousand Two Hundred and Seventeen Dollars ($10,217.00); h) Airport Authority-up to Ten Thousand Two Hundred and Seventeen Dollars ($10,217.00); The estimated cost of the consultant s original scope of services, additional scope of services, and community outreach, is expected by the Parties to be Four Hundred 2

3 Seventy Thousand Dollars ($470,000.00). The combined funding commitments of the ILA Parties and the non-party stakeholders equal Four Hundred Seventy Thousand Dollars ($470,000.00). No Party will be responsible for any amount in excess of that presented above (hereinafter, their Cost Share ), unless so agreed in a supplemental agreement as described below in Article VI. The Parties shall be advised of and concur in writing to any scope changes that could increase the cost of the project. 3. Except as amended by the terms herein, all other terms of the Interlocal Agreement, as amended from time to time, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed in their corporate names by their duly authorized officers, or by the Resolution of their governing board, spread across their minutes, as of the date first above written. [Signature pages follow this page] 3

4 CITY OF RALEIGH, NORTH CAROLINA (including its role as the designated fiscal agent for the financial obligations of CAMPO expressed within the Agreement) Finance Officer City of Raleigh, North Carolina Ruffin L. Hall, City Manager ATTEST: By: _ Gail Smith, City Clerk This instrument is approved as to form and legal sufficiency. City Attorney [Seal] 4

5 WAKE COUNTY, NORTH CAROLINA County Manager ATTEST: Clerk Finance Director Wake County, North Carolina This instrument is approved as to form and legal sufficiency. County Attorney [Seal] 5

6 TOWN OF CARY, NORTH CAROLINA Town Manager Finance Director Town of Cary, North Carolina ATTEST: Clerk [Seal] 6

7 CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION (CAMPO) Executive Director Finance Officer City of Raleigh, North Carolina (designated fiscal agent for CAMPO) 7

8 RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY (TTA) By: Chair ATTEST: By: Clerk [Seal] Finance Director for TTA This instrument is approved as to form and legal sufficiency. Attorney for TTA 8

9 RALEIGH-DURHAM AIRPORT AUTHORITY President/CEO Finance Director Raleigh-Durham Airport Authority This instrument is approved as to form and legal sufficiency. Raleigh Durham Airport Authority Attorney 9