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Home My WebLink About5323 RESOLUTION IdO. 5 3 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A FOURTH 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 entered into a Transit Service Direct Financial Partnership Agreement (the "Agreement''); and WHEREAS, The agreement has been amended three times to extend the service beyond the expiration date in the original agreement; and WHEREAS, the third amendment extends service until February 9, 2020; and WHEREAS, Sound Transit has increased the Sounder train service to accommodate additional rider demand; and WHEREAS, Parking at Auburn Station is no longer adequate to meet demand from commuters; and WHEREAS, the 4th amendment will provide two additional transit trips befinreen Lakeland Hills and Auburn Station to meet the additional Sounder train service, which will help to mitigate parking issues in downtown Auburn associated with the Station, and 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 Resolution No. 5323 December 13, 2017 Page 1 of 2 the County by Metro's General Manager when such amendments are consistent with the intent and purpose of the Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute a 4th 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 hereto 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 upon passage and signatures hereon. � Dated and Signed this /��day of _ �,� , 2017. CITY OF AUBURN ATTEST: N NCY BA S, MAYO �� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel . Hei , City Attorney Resolution No. 5323 December 13, 2017 Page 2 of 2 Exhibit A AMENDIVIENT No.4 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING COUNTY and THE CITY OF AUBiJRN,WASHINGTON and PIERCE TRANSIT This Amendment No, 4 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 4" or the " Fourth 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 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, Seetion 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 Februa "ry 9, 2010; and � WHEREAS, in Deeember 2014 the Parties extended the Agreement to provide the enhanced transit serviee 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 serviee described in Part I of Attachment A (i.e., Lakeland Hills-Auburn Sounder AMENDMENT NO.4 to the Transit Service Direct Financial Partnership Agreement between King Connty,City of Auburn and Pierce Transit Page 1 of 3 EXt;�b�t a 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, 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 modif cations may be made for the County by Metro's General Manager when such amendments 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. Attachment A—I. Lakeland Hills.Partnership A. Service Description Add the following: Beginning on Monday, January 8, 2018, an additional one(1)AM trip and one (1)PM trip will be operated by Pieree Transit on Route 497 to connect with new Sound Transit Sounder train trips serving the Auburn Station. B. Monetary Contributions The Parties agree that beginning January 8, 2018 and through the term of this extension,the costs for providing eight(8)weekday AM northbound and eight(8) 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 annual Service costs are estimated below. The Parties will each be responsible for one-third(1/3) of the total costs. 2017 Operating Cost Capital Cost TOTAL COST ($99.78/hr x 4,697 annual hrs.) AUBURN $ 156,226 $ 23,718 $ 179,944 KING COUNTY $ 156,226 $ 23,718 $ 179,944 PIERCE TRANSIT $ 156,226 $ 23,718 $ 179,944 ANNUAL TOTAL: $ 468,678 $ 71,154 $ 539,832 3. No Other Modifications. Except as specifically provided for in this Amendment No. 4, all other provisions of the Agreement shall remain unchanged and in full force and effect. AMENDMENT NO.4 to the Transit Service Direct Financial Partners.hip Agreement between King County,City of Auburn and Pierce Transit Page 2 of 3 Exhibit A 4. Effective Date. This Amendment No. 4 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. 4 to the Agreement as of the date set forth below their signatures. KING COUNTY CITY OF AUBURN By: By: � Rob Gannon ncy Bac � General Manager, Metro Transit Division Mayor Department of Transportation City of Auburn Date: Date: /��/�'��i? PIERCE TRANSIT By: Sue Dreier Chief Executive Off cer Pierce Transit Date: AMENDMENT NO.4 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 3 of 3 4. Effective Date. This Amendment No. 4 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. 4 to the Agreement as of the date set forth below their signatures. KING COUNTY CITY OF AUBURN By: /,✓, By Rob Gannon Nancy Backus General Manager,Metro Transit Division Mayor Department of Transportation City of Auburn Date: t 1 . 9 Date: PIERCE TRANSIT By: Sue Dreier Chief Executive Officer Pierce Transit Date: AMENDMENT NO.4 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 3 of 3 4. Effective Date. This Amendment No. 4 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. 4 to the Agreement as of the date set forth below their signatures. KING COUNTY CITY OF AUBURN By: By: Rob Gannon Nancy Backus General Manager, Metro Transit Division Mayor Department of Transportation City of Auburn Date: Date: PIERCE TRANSIT By: Uri Sue Dreier Chief Executive Officer Pierce Transit Date: rb h gd 7 AMENDMENT NO.4 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page 3 of 3 • • • • • • TRANSIT SERVICE DIRECT FINANCIAL,PARTNERSHIP AGREEMENT BY AND BETWEEN KING COUNTY AND •THE CITY OF AUBURN,WASHINGTON AND • • PIERCE TRANSIT THIS TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT(the • "Agreement")is made by and between King County,apolitical 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 Department of Trtwspartatlon,Metro Transit Division(the"County"or"Metro Transit"), the city of Auburn and the Pierce County Public Transportation Benefit Authority(or"Pierce Transit")(both Washington municipal corporations) (Referred to collectively as"Service Partner,"whether ono entity or multiple entities),all of which entities may be referred to hereinafter individually as"City of Auburn"or'Pierce Transit"or collectively as the "Parties." WHEREAS,in September 2006 the King County Council adopted.Ordinance 15582,the Transit Now ordinance,directing the submission of a proposition to King County voters to fix and impose • . an additional sales and use tax of one-tenth of one percent to fund expansion of the King County Metro public transportation system and a variety of transit service improvements;and WHEREAS,the Transit Now ordinance identified a number of transit service measures to be implemented using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital,operating,and maintenance improvements that are expected to expand and • improve bus service on local streets and arterials within King County;and WHEREAS,mutually beneficial contractual arrangements'with other public and private entities , ("service partnerships")that leverage public and private funds to provide both new and better bus • service to cities and major employers is one of four key strategies(the"Service Partnership • Program")identified in the Transit Wow proposition approved by King County voters in the • general election on November 7,2006;and WHEREAS,the Service Partnership Program is also designed and intended to support the service development objectives and financial strategies of the Metro Transit's Ten-Year Strategic Plan for Public Transportation 2007-2016;and WHEREAS,the Service Partnership Program will provide commute alternatives for Pierce County residents who work in King County;and WHEREAS,the Tan-Year Strategic Plan for Public Transportation 2007—2016 adopted by the King County Council November 13,2007 Strategy IM-3 exempts service partnerships,schedule • maintenance,contracted services or partnership agreements from subarea allocation and reduction • requirements;and • • WHEREAS,Service Partner has subtnitted an application for a direct financial partnership for transit service and has met the criteria established by the County for awarding such partnerships; and DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND TILE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND.HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page I of 16 • • ' • WHEREAS,the proposal.submitted by Service Partner has been deemed to show a potential gain In ridership;and WHEREAS,the proposal submitted by Service Partner has been approved by the Icing County Council, NOW,THEREFORE,IN CONSIDERATION OF TIE MUTUAL PROMISES,COVENANTS AND AGREEMENTS SET FORTH HEREIN,AND EOR OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES,TEE PARTIES HEREBY AGREE AS FOLLOWS' 1. I'p,RPOSE OF AGREEMENT The purpose of this Agreement Is to enter into a mutually beneficial contractual relationship for enhanced transit services isonsistent with the goals and directives of the Tmnstt Now ordinance and initiative as authorized by Xing County Council Ordinance 15582 (approved in September 2006) and passed by the voters of Xing County as Transit Now in the general eleotionon November 7,2006 to leverage sustainable loam resources for transit service and to inoreaae transit ridership. This Agreement establishes the responsibilities of the Parties in relation to the transit service partnership, including methods for financing, implementing, monitoring, improving and terminating the partnership. 2. COt NTY'S RESPONSIBILITIES • 2.1 The County will provide transit service enhancements in accordance with the service specifications set forth in Section TLC of Attachment A,which is incorporated herein and made a part of this Agreement by this reference,pursuant to which the County and City of Auburn will share the tldly allocated coat of the increased service hours at a rate of not more than two-thirds from County funds to not less than one-third from City of Auburn funds (actual contribution • specified in Attachment A). Fully allocated costs Include the vest of fuel, maintenance,driver wages, service supervision, infrastructure Maintenance, revenue collection, scheduling, rider information, data analysis; and administrative and management costs, The County's cost . allocation model will be used to determine the City of Auburn's contribution for service described in Section II of Attachment A The County will manage the service in accordance with Its regular procedures and as may be further specified in this Agreement, The Parties understand and agree that,notwithstanding Service Partner's financial contribution,the transit aervice referenced herein will be open to the general public. 2.2 The County will include the new transit service enhancements provided for under this Agreement in its annual route performance monitoring. Enhanced transit service provided for via service partnerships will be expected to perform at or above the Metro Transit subarea average for Its . particular typo of service in at least three of the four standard indicators monitored in Metro's annual Route Performance Report; a) Rides per revenue hour; b) The ratio of fare revenue to operating expense; e) Passenger miles per revenue hour;and d) Passenger miles divided by platform miles, DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OP AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 2 of 16 2.3 More specific benchmarks applicable to the enhanced transit service provided for herein are set forth in Attachment A. Three(3)years after implementation of the enhanced transit service provided for herein and annually thereafter,the County will make a determination as to the productivity and viability of the service, The County will notify Service Partner of Its assessment of the service's productivity,performance,and ongoing viability, Xf the County deems that changes can be made to improve the service,the County and Service Partner will discuss possible modifications and may agree on any decisions to modify the service enhancements provided for herein,provided,however,that any such modifications shall be consistent with the requirements Mt forth in I(CC 28.94.020(B)(2), After consultation with Service Partner,if the County detertnirtes that the enhanced service provided for herein is not viable based upon performance, and proposed changes are insufficient to boost productivity beyond a minimum threshold as may be established and the parties cannot agree on a substitute investment on a different route or a different corridor,the County will notify Service Partner of its intention to terminate the Agreement, Throughout,the County recognizes that statutory responsibility for making significant changes to,or eliminating,services described in Section I of Attachment A rests with Pierce Transit. 2,4 Monetary Contributions. The County will contribute,via payment of billings from Pierce Transit twice per year,as specified in Section 5,2 of this Agreement,no more than two thirds of the cost of the enhanced service described In Section X of Attachment A. The amount of the County's actual yearly monetary contributions are to be determined by application of the cost allocation calculation specified in Section I of Attachment A,which is attached hereto and incorporated herein by this reference. If application of that cost allocation formula yields a higher dollar amount,the County shall.pay the larger amount. 3. 5LIIt'VICE PARTNER'S RTSPONSXIiII,,XTIE,9 3,1 Monetary Contributions. Service Partner will contribute at least one-third of the cost of the enhanced service described in Attachment A,In an amount not loss than US$100,000 per year for at least five(5)years to add to existing transit service or a minimum of US$200,000 per year twat least five(5)years to implement new transit service. The foregoing dollar amounts represent the minimum monetary contributions that Service Partner will be responsible for pursuant to this Agreement. The amount of Service Partner's actual yearly monetary contributions,over and above the minimum yearly contributions specified in this Subsection 3.1, are to be determined by application of the coat allocation calculations specified iu Attachment A,which is attached hereto and incorporated herein by this reference, If application of those cost allocation formulae yields a higher dollar amount,Service Partner shall pay the larger amount. 3.2 Transit Service Enhancements, In addition to the financial contributions referenced In • Subsection 3.1,the City of Auburn will undertake a number of additional actions that are expected • to increase ridership on the enhanced bus services provided for herein,including,but not limited to implementation of transportation demand management programs,parking management,.service promotions, and communication infrastructure and transit signal priority improvements, The transit service enhancements to be undertaken by the City of Auburn pursuant to this Agreement aro set forth more fully In Attachment A,which is attached hereto and incorporated herein by this reference, The Parties acknowledge and agree that the goal of this Agreement Is to increase ridership. Toward that end,the Parties agree to work together in good faith to refine the details of the required transit service enhancements in order to assure effective and timely implementation, 3,3 Pierce Transit will establish and operate transit service enhancements in accordance with the • service specifications set forth in Section I,C of Attachment A,which is incorporated herein and • made a part of this Agreement by this reference,pursuant to which the County and Service Partner DIRECT FINANCIAL SER'VICEI PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OP AUI3CJRN AND PIERCE TRANSIT LAKELANX)HILLS SFIUTTLE AND METRO ROUTES 910 AND 919 Page 5 of 16 will share the cost of the increased service hours at a rate of not more than two-thirds from County funds to not less than one-third from Partner funds(actual contribution specified in Attachment A). 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 . City of Auburn In the design and implementation of such changes,Pierce Transit's cost allocation model will be used to determine the County and Service Partner contributions for Service described In Section I of Attachment.A. 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, 4, •TERM OF AGREEMENT • 4.1 This Agreement shall commence upon signing by the Parties and,for each service specified in Attachment A, expire five (5) years after the start of that service, unless extended or earlier terminated pursuant to the terms of this Agreement If after five(5)years the enhanced transit service described in Section II of Attachment A is deemed viable by the County pursuant to the performance indicators set forth in Section 2.2 of this Agreement and the additional performance benchmarks specified in Attachment A,and the City of Auburn desires to have Metro Transit continue to provide the enhanced transit service beyond the initial five year period,this Agreement may be extended by the Transit General Manager for an•additlonal five years without additional approval by the King County Council. If after five(5)years the enhanced transit service described in Section I of Attachment A is deemed viable by the County pursuant to the performance • Indicators set forth in Section 2.2 of this Agreement end the additional performance benchmarks specified in Attachment A,and the Parties desire to have Pierce Transit continue to provide the enhanced transit service beyond theinitial five year period,this Agreement may be extended by the Parties for an additional five years without additional approval by the King County Council or Pierce Transit Board of Commissioners, 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 a Party to this Agreement. 5. INVOICE/.PAYMENT PAOGADUR,E 5,1 The County will invoice the City of Auburn twice each year for its contribution,as specified in Section 3.1 of this Agreement,to the transit service described in Section II of Attachment A. The City of Auburn will receive two(2)billings each calendar year for the actual costa incurred by the County to operate or manage the service. 5,2 . Pierce Transit will invoice the County and the City of Auburn twice each year,as specified in Section 2,4 of this Agreement,for the transit service described in Section I of Attachment A. The County and City of Auburn will receive two(2)billings each calendar year for the actual costs Incurred by Pierce Transit to operate the service. 5.3 Estimates of the total service costa based on scheduled service hours are shown in Attachment A. 'These estimates will be adjusted in January each year,based on the per mile and per hour rates for that year, King County will provide these adjustments to the City of Auburn for service described in Section II of Attachment A. Plane Transit will provide adjustments to Bing County and the City of Auburn for service described in Section I of-Attachment A. • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKBLAND BILLS SHU'T'TLE AND METRO ROUTES 910 AND 919 Page 4 of 16 • • • 5.4 The City of Auburn shall make payment to the County within forty-five(45)days after receipt of an invoice, Should,the City of Auburn fail to pay the County the amount due within forty-five (45),days of receipt of a billing invoice from the County, 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. 5;5, The County and City of Auburn shall make payment to Pierce Transit within forty-five(45)days after receipt of an invoice, Should either the County or City of Auburn fail to pay Plerce Transit the amount clue within forty-five(45)days of receipt of ti billing invoice from the 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. XNIJIYINIIt'ICATI)N AND LEGAL RELATIONS • 6.1 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 es a result of this • Agreement. No employees or a$ents 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. 6,2 Bach 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. • 63 Bach Party shall protect,defend,Indoinnlfy 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, Bach 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 chain,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 feIl and complete indemnity of claims made by the indenmitor's employees. The Parties acknowledge that those provisions were specifically negotiated and agreed upon by them, 6.4 Bach Party's rights and remedies In this Agreement are in addition to any other rights and remedies • provided by law. • 6.5 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. 6.6 The provisions of this section shall survive any termination of this Agreement. • 7. INSURANCE REOUIREMENTS • Bach 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 peribrmance of this agreement by the Parties. • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND TUE CITY OP AUBURN AND PIERCE TRANSIT LAKELAND HILLS SI-IIJTTLB AND METRO ROUTES 910 AND 919 Page 5 of 16 8. CHANGES AND MODIFICATIONS This Agreement may be amended or modified only by prior written agreement signed by the • Parties hereto, Such amendments and modifications may be executed by the General Manager of the County's Transit Division without additional Council approval, so long as any such amendments are consistent with the intent and purpose of this Agreement. • • 9. TERMINATION OF AGRIiEMENT 9.1 Either Party may terminate this Agreement; in whole or in part, in writing If the other Party substantially falls 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 prier to the County's February,June or September service change, by written notice delivered by certified trail, return receipt requested, of intent to terminate. 9.2 In addition to termination under Paragraph 8,1 of this Section,the County or Pierce Transit may terminate this Agreement pursuant to the provisions of Section 2.3 of this Agreement,in whole or in part,provided,that the other parties to this agreement will be given not less than 135 calendar days prior to•the County's February,lune or September service change, by written notice delivered by certified tail,return receipt requested,of intent to terminate. • 9.3 If any Party terminates, the other Parties will pay the County and/or Pierce Transit a pro-rated ernount'for services performed in accordance with the Agreement to the date of termination. 10. FORCEJE a All Parties shall be excused from performing their 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 notlimited to: any incidence of fire,flood,earthquake or acts of nature;strikes or • labor actions; commandeering material, products, or facilities by the federal, State or local • government;and/or national fuel shortage;when satisfactory evidence of such cause is presented to the other Party,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 the obligation to make payment to the County for work performed In accordance with this Agreement. 11. WAIVER 011 DEIr,rl VLT • 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 original Agreement. 12. ASSIGNMENT This Agreement shall be binding upon the Parties, their successors, and assigns; provided, however,that no Party shall assign or transfer in any manner any interest,obligation or benefit of this Agreement without the others'prior written consent, • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 6 of 16 • , 13. NQJHIRO PARTY BEND,FICIARIES. • 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, 14. MUTUAL NEGoTTATioriAtip Co.NsnuicT ON 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 either Party. 15, A.1414.TERMS AND CONDITIONS • This Agreement merges and supersedes all prior negotiations, representations and agreements between the Parties related to the subject matter hereof and constitutes the entire agreement between the Parties. This Agreement may be amended only by written agreement of the Parties, This Agreement contains all the terns and`conditions agreed upon by the Parties. No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto, • • 16. CONTACT PERSONS • The County and Service Partner shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement Service Partner• Contact Name Joe Welsh - �. Kelly Hayden Organization City of Auburn Public Works .Pierce Transit Title Transportation Planner .Director of,Sdrvice Planning Address 25 W,Main Street Pp.Box 99070 Auburn,WA 98001 LakeWood,WA 98499 ' Telephone 253-804-5050 . . 253-984-8217 _Fax 253-931-3053 253-589-6364. E-Mail jwelsh@auburnwa.gov khaydonap%ercetranslt,org • King_County Contact Name Matt Hansen • Title Supervisor,Market Development,Metro Transit Division Address YES-TR-0600 T 400 Yesler Way Seattle,WA 98104 • Telephone 206-263-3598 Fax 206.684-2058 E•Mallu'- a :en q'ki.t}.,1 a t - • • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT • BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT • LAKELAND HILLS SIiIJTTLE+AND MBT110 ROUTES 910 AND 919 Page 7 of 16 17. Eacb Party warrants and represents that its execution of this Agreement has been authorized by its governing body,via King County Ordinance No.16041 dated March 24,2008,and via City of Auburn Resolution No.4418,dated November 17,2008,and via Pierce Transit Resolution No. 08.035 dated October 13,2008. 18. Effective Date. This Agreement shall take effect when it is signed by ail the Parties hereto. IN W1_TNUSS WHEREOF the Parties hereto have exneutod this Agreement on the P.9"t1ay of Cft ' ,2008. KING CO NTY CTTY OF A is , By: By: I Title: 4 Title, -. NOV1 r� /10 Date; /it kce' Date IVV7 2008 PIERCE T . IT . By �'--�J Title: Date; / ' drib • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT • BETWEEN ICING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 8 of 16 • • • ATI'ACRMENT A • Direct Financial Partnership Scope of Work City of Auburn Pierce Transit For the purpose of defining the responsibilities of the three partners,this attachment is divided into two parts: Part I, Lakeland 1-Tills(Partners are King County,Pierce Transit and the City of Auburn). Part Ii, Routes 910 and 919(Partners are City of Auburn and King County). The table in the appendix to this attachment depicts the overall cost estimates as a combined partnership, • I, Lakeland Lulls Partnership A. Service Description The Lakeland Hills-Auburn Sounder Station route will be a commuter service to be established and operated by Pierce Transit through a funding partnership with the • County and City of Auburn. The Lakeland Hills feeder will operate 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 intent of the new service on the Lakeland Fulls 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. The service implemented will be generally consistent in scope and service levels and may vary from this description should County and Service Partners mutually agree to implement alternative service of similar scope following any required public outreach and any necessary King County Council authorization.King County,Pierce Transit and the City of Auburn agree to share in the cost and responsibilities of new Lakeland Hills service. 1. Start Date for Service Service on the route(s)described above shall commence with Pierce Transit's service • change of February 9,2010. B. Monetary Contributions 1, Monetary and In-Kind Contributions to be Made by Service Partners • Pierce Transit agreesto'provide three 2S-foot transit"Bus Plus"vehicles(two active vehicles,one spare vehicle)for the service as described In this attachment. • In addition,Pierce Transit agrees to operate the service and dispatch and maintain the vehicles. DIRECT FINANCIAL SERVICE PAI(TNERSHIP AOREEMENT BETWEEN KING COUNTY AND THE CITY OP AUBURN AND PIERCE TRANSIT LAKELAND BILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 9 of 16 • TheCity of Auburn and Pierce Transit agree to contribute a combined total of approximately$175,307 per year for five years of service on a new Lakeland Hills commuter route as defined in Service Description of this Attachment A, • Part I,The actual annual cost the Service Partners agree to inay on an annual basis shall be determined in accordance with Section 5.3 of this Agreement, Rates for per-hour oast will be based on Pierce Transit's fully allocated rate for"blended" (both directly operated and contracted)SKITTLE service, 2, Monetary Contributions to be Made by County The County agrees to contribute approximately$116,871 per year for five years of service on a new Lakeland Bills commuter route as defined in Service Description of this Attachment A, Part L The actual annual cost the County agrees to pay on an annual basis shall be determined in accordance with Section 5.3 of this Agreement. Rates for per-hour and per-mile cost will be based on Pierce Transit's fully allocated rate for "blended" (both directly operated and contracted)SHUTTLE service, C. Transit Service lnhancements 1. Service Partners agree to implement additional actions that are likely to increase ridership on the new services, including all those listed below or similar • activities, if authorized in advance by the King County Metro Transit General Manager and the Chief Executive Officer of Pierce Transit. Such additional actions shall be implemented no later than two(2)years from the effective date ,of this Agreement. At least six months prior to the start of the new services, Service Partners will contact King County Metro's Market Development group and Pierce Transit's Policy,Planning and Public Affairs Department to refine the details of•these actions to help assure effective and timely implementation. Service Partners remain responsible for the cost and implementation of the • following actions or similar activities as mutually agreed by the parties to this agreement; City of Auburn • a. Promotion Provide promotional materials about shuttles to the Lakeland community, This would be accomplished through: • Quarterly neighborhood direct mailings. • Press releases in local newspapers. • Advertising on local TV 21. • Bus maps,timetables,and hike maps. • • Assistance in commute planning provided on the City of Auburn Web site. b. Parking Management DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 10 of 16 • Assist King County Metro and Pierce Transit in securing additional park- • and-ride stalls/looations to support the Lakeland Hills feeder service. Pierce Transit • a, Promotion Pierce Transit will advertise the new service via its normal marketing • channels,and will include the service information in Pierce Transit • timetables and on Pierce Transit's Web site. • 2, The County agrees to undertake the following supporting actions: a. Additional Promotion of Service Work with Service Partners to promote transit use on the affected routes. • D. Service Cost Estimate The estimated cost is a planning-level estimate based on the hours and miles identified on the spreadsheet attached hereto as Exhibit 1 entitled"Preliminary Cost Estimate,"which is incorporated into and made a part of this Agreement by this reference.The actual hours and miles needed to operate the service is determined during the scheduling of the service prior to implementation;The actual fully allocated cost may be higher or lower than the estimate provided in Exhibit 1. Pierce Transit will provide three 25-foot transit"Bus Plus"vehicles. These vehicles will be considered a part of Pierce Transit's financial contribution,resulting in a reduction in Pierce Transit's share of service costs, The cost of the vehicles will be calculated at$58,436 per year for each of the five years of this agreement, Approximate total annual hours: 3,848 Estimated fully allocated annual cost(County's+Service Partners' cost): $292,179 City of Auburn's estimated annual share of fully allocated annual cost; • Forty percent($116,871 based on 2008 fully allocated annual cost) Pierce Transit's estimated annual share of fully allocated cost; Twenty percent($58,436 based on 2008 fully allocated annual cost) County's estimated annual share of fully allocated cost: • • Forty percent($1.16,871 based on 2008 fully allocated annual cost) . The cost of service will be determined by Pierce Transit's fully allocated rate for • "blended"(both directly operated and contracted)SHUTTLE services, • DIRECT FINANCIAL SERVICE PARTNERSHIP AORIIBMBNT • BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKIILAND HILLS SI-TUTTLE AND METRO ROUTES 910 AND 919 Page 11 of 1G E. Benchmarks for Evaluating Route Performance Both Metro and Pierce Transit have consistent,formal route-performance evaluation processes to identify individual routes that may require modification,expansion or • termination.The Lakeland Hills service will be evaluated by both agencies,each using its own adopted standards. Metro routes are grouped by subarea and time period for similarity in operating conditions.Bach partnership route will be compared by time period to other routes In Its subarea to ascertain performance level.Data for a particular Year is typically available by the middle of the following year.The comparison will be made at the time the data is available. The 2006 benchmarks for the service additions applicable to this Agreement are as follows: DART Peak(Applies to Lakeland Hills service) Rides per revenue hour: Average—22.6 Fare revenue/operating expense: n/a Passenger miles/revenue hour: Average—54 ' • Passenger miles/platforin miles, Average.—3.32 Metro's initial performance review for this Lakeland Hills service will use benchmarks determined using 2009 data. • Pierce Transit routes are grouped according the characteristics of the • neighborhoods being served, The Lakeland Hills service Will be expected to meet the standards established by Pierce Transit's Board of Commissioners for Suburban Routes. In 2008 this standard is set at a minimum level of fifteen boarding passengers per revenue vehicle hour. II, Routes 910 and 919 A. Monetary Contributions 1. Monetary Contributions to be Made by Service Partner The City of Auburn agrees to contribute approximately$100,000 per year for • five years of service on Route 910 and Route 919 as defined in the Service Description in Section C of this Attachment A,Part fl. The actual annual cost the Service Partner agrees to pay on an annual basis shall be determined in accordance with Section 5.3 of this Agreement. 2, Monetary Contributions to be.Made by County The County agrees to operate the service as defined in Service Description,in Section C of this Attachment A and Section 2.1 of this Agreement. DIRECT FINANCIAL SERVICE PARTNERSHIP ACIREEMENT BETWEEN KING COUNTY AND THE CITY OP AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 9.10 AND 919 • Page 12 of lG • • • B. Transit Service Enhancements 1, The City of Auburn agrees to implement additional actions that are likely to • increase ridership on the new services,including all those listed below or similar activities,if authorized in advance by the King County Metro Transit General Manager. Such additional actions shall be implemented no later than two(2) years from the effective date of this Agreement. At least six t•nonths prior to the • start of the new services,City of Auburn will contact King County Metro's Market Development group to refine the details of these actions to help assure effective and timely implernentation.City of Auburn remains responsible for the cost and implementation of the following actions or similar activities as agreed • with Market Development staff: City of Auburn a. Promotion Provide promotional materials about shuttles to the senior community,This would be accomplished through: • Direct advertising to seniors via the Auburn Senior Center. • Press releases in local newspapers. • Advertising on local TV 21. • Provide bus maps,timetables,and bike maps. • • • Assistance in commute planning provided on the City of Auburn Web site. b, Other Incentives • • Provide a$S0/month subsidy transit pass for city employees for use of bus,vanpool,andrail, • Provide covered bicycle lockers for city employees. + Provide showers and lockers for employees who bicycle,walk,or, , motorcycle. • Provide a Guaranteed Ride Home program to city employees. • Provide five BOY stalls for city employee parking. 2. The County agrees to undertake the following supporting actions: a. Additional Promotion of Service • Work with City of Auburn to promote transit use on the affected routes, C. Service Description • • • Routes 910 and 919 will be created through splitting the existing Route 919 and expanding service into two separate components,Route 919 will be modified into a , community shuttle connecting 40th Street NE and I Street NE to the YMCA and Supermall area via Auburn Station,Route 910 will assume the southern'portion of the existing Route 919 and will connect the Dogwood neighborhood,Auburn Senior Center, and Auburn Station via Auburn Way S.The intent of the enhanced service on Route 919 DIRECT FINANCIAL SERVICE PARTNII'RSIIIP AGREEMENT BETWEEN KING COUNTY ANI)THB CITY OF AUBURN AND PIERCE TRANSIT LAKELANI)HILLS SI•IUTTLE AND METRO ROUTES 910 AND 919 Paso 13 of 16 is to provide service to connect residential areas to major trip generators via Auburn Station. The service implemented will be generally consistent in scope and service levels and may vary from this description should County and City of Auburn mutually agree to ' Implement alternative service of similar scope following any required public outreach and any necessary Xing County Council authorization. 1. Start Date for Service • Service on the route(s)described above shall commence with Metro service change of ,2010. D. Service Cost Estimate The estimated cost is a planning-level estimate based on the hours and miles identified on the spreadsheet attached hereto as Exhibit I entitled"Preliminary Cost Estimate,"which is incorporated into and made a part of this Agreement by this reference.The actual hours and miles needed to operate the service is determined by the County during the scheduling of the service prior to implementation.The actual fully allocated cost may be higher or lower than the estimate provided in Exhibit 1. Total annual hours: 2,763 Estimated fully allocated annual cost(County's+Service Partner's cost): $218,055.96 City of Auburn's estimated annual share of fully allocated annual cost: Forty-five percent($100,000 based on 2008 fully allocated annual cost) • E. Benchmarks for Evaluating Route Performance Metro has a consistent,formal route-performance evaluation process to identify individual routes that may require modification,expansion or termination.Routes are • grouped by subarea and time period for similarity in operating conditions.Each partnership route will be compared by time period to other routes in its subarea to ascertain performance level.Data for a particular year is typically available by the middle of the following year.The comparison will be made at the time the data is available. • The 2006 benchmarks for the service additions applicable to this Agreement are as follows: DART Of Peak Rides per revenue hour; Average—17,4 • Fare revenue/operating expense: n/a Passenger miles/revenue hour: Average-53 Passenger miles/platform miles: Average—3.46 Initial performance review for Routes 910 and 919 will use benchmarks determined using 2010 data. • DIRECT FINANCIAL SERVICE PARTNERSHIP AQRBEMENT BETWEEN ICING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND DILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 14 of 16 • • • • DIRECT FINANCIAL.SERVICE PARTNERSHIP AGREEMIINT BETWEEN ICING COUNTY AND TIM CITY OP AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 15ofL6 • EXHIBIT 1. Prelimina Cost Estimate ^'•-^•ri•:•.:.wB'sS, -a�:.,.xaY...�"-'r�"Y-, �E[��_ �': 'a�-��e.$59�-,3�, �-,`��` .�=4—-''�4(��- -_ --^o r s.` LH K 1 M F north 500 a.m.— Lakeland Hills to 7 8Xi0 am: Auburn Station 3,848 $292,178.64 $292,178.64 Lk 1 t�F south 4:00 psn_— Auburn Station 7 620•m. to Lakeland Hills =ria-±�c:.. +-w."_..-T•..m `<-err`ti TE __ r. af'"--'�' •, a k .!• '�--F— 'D'A k+ _tS.: 3' sL y,,- a •�',',4.::... -��1.. �...- Icing County Metro Transit contribution $116,871.46 City of Auburn contribution $116,871.46 Pierce Trani contribution $58,435.73 AA- 600 a.m.to YMCA to 40th St 919 Sa 420 1 .m. NE 9 2,763 $218,055.96 $218,056.96 AA- 620 auth .m.to 401h St NE to 919 SaSo 420 • YMCA • -�.:, 'it t-s' .,-Fy -. ,.9•••_-• _ - �s3 X P+ �: King County Metro Transit contribution $118,055.95 of Auburn contribution $100 111.00 • Jr..'E.�E�•y� �,Ex �..w.•�,�--1+ King County Metro Transit contribution $234,927.42 City of Auburn contribution $215,871.46 Pierce Transit contribution $58,435.73 • • • DIRECT FINANCI.ALSERVICE PARTNERSHIPAGREE ]T - BEI VEEN ICING COUNTY AND THE CrI'Y OF AUBURN AND PIERCE TRANSIT LAXELAND NUTS SHUTTLE AND METRO ROUTES 910 AND 919 Page 16 of 16 AMENDMENT No. 1 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING COUNTY and THE CITY OF AUBURN,WASHINGTON AND PIERCE TRANSIT This Amendment No, 1 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 1"or the "First 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 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 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 the 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 Service Partner desires to have Pierce Transit continue to provide the enhanced transit service beyond the initial five-year period,the Agreement may be extended by the Parties for an additional five years without additional approval by the King County Council or the Pierce Transit Board of Commissioners;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,the Parties now desire to extend the Agreement to provide the enhanced transit service described in Part I of Attachment A(i,e.,Lakeland Hills-Auburn Sounder Station route)for an additional thirteen-month period, during which the Parties will evaluate whether or not to extend the Agreement again consistent with the provisions of Section 4.1 of the Agreement; and AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement between King County and the City of Auburn and Pierce Transit Page 1 of3 4. 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; NOW,THEREFORE,in consideration of the terms,conditions and mutual covenants set forth herein,the Parties agree to amend the Agreement as follows: I. Extension of Term of Agreement • As provided for in Section 4.1,the enhanced transit service described in Part I of Attachment A in the Agreement is extended until March 12,2016, 2, Service Cost The service cost during the extended term of the Agreement will be based on Pierce Transit's per hour rate of$75,93. 3. Execution of Agreement—Counterparts A new Section 19 is added to the Agreement to read as follows: This Agreement,and any amendments to this Agreement,may be executed in separate counterparts, each of which shall be regarded for all purposes as an original and all of which taken together constitute one and the same Agreement, Facsimile or scanned and emailed counterpart signatures to this Agreement shall be acceptable and binding on the Parties hereto, 4. No Other Modifications. Except as specifically provided for in this Amendment No. 1, all other provisions of the Agreement shall remain unchanged and in full force and effect. ///// ///// ///// ///// ///// AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement between King County and the City of Auburn and Pierce Transit Page 2 of 3 5. Effective Date. This Amendment No. 1 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. 1 to the Agreement as of the date set forth below their signatures. KING COUNTY SERVICE PARTNER City of Auburn By: By: k ILA Kevin Desmond Name � °V General Manager,Metro Transit Division Its(Title): 11 I t" Department of Transportation Date: Date: SERVICE PARTNER Pierce Transit By: Name Its (Title): Date: AMENDMENT NO, 1 to the Transit Service Direct Financial Partnership Agreement between Icing County and the City of Auburn and Pierce Transit Page 3 of 3 • 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 II 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-Auburn 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. I. 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 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 Datg. SIGN 1« This Amendment No.2 shall be effective upon execution by the Parties. TN 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: • r l f t By: ,1A.3 • Kevin Desmond Name General Manager,Metro Transit Division Its:_Mayor Department of Tr ation Date: d • Date: 1° AMENDMENT NO..2 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Auburn,Washington Page 2 of 2 AMENDMENT No,3 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING 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 Benefit Authority ("Pierce Transit"),both Washington municipal,00rporations.(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, 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 Diroot Financial Partnership Agreement between ICing County,City of Auburn and Pierce Transit Page 1 of 3 Etiquettes de classement laser/jet d'encre MEM www.avery.com0 AVERY® 5366"" Utilisez le gabarit 5366MC 1-800-GO-AVERY t 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; 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 February 9, 2020, 2. Lakeland Hills Service Cost • Operating Cost: • I 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 Transit's capital costs associated with the Lakeland Hills service. The total capital cost for this service • Is$71,155 per year and is fixed for the term of this extension period. Monetary Contributions: The Parties agree that beginning January 1,2016 and through the term of this 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 threeparties King County,City of Auburn and Pierce Transit, The total Service costs for 2016 are estimated below. The Parties will each be responsible for one-third(1/3)of the total costs, 2016 Operafini Cosi° Capital Cost TOTAL COST ($99.78/hr x 3,811 annual hrs.) AUBURN $ 126,754 • $ 23,718 $ 150,472_ KING COUNTY $_ 126,754 $ 23,718 $ 150,472' PIERCE TRANSIT $ 126,754 $ 23,718 $. 150,472 ANNUAL TOTAL: $ 380,261 $ 71,155 $ 451,416 AMENDMENT NO,3 to the Transit Service Direct Financial Partnership Agreement between King County,City of Auburn and Pierce Transit Page2of3 • 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. 3. 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, 4, 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 CITY OF AUBURN r By: e ter41147011 ?,1A 0 . Wig avatio.rotiAmitkr. ancy Ba us General Manager, Metro Transit Division Mayor Department of Transportation City of Auburn Date: tg f's Date: FEB 2096 PIERCE TRANSIT By: Sue Dreier Chief Executive Officer Pierce.Transit 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