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HomeMy WebLinkAboutKing County & Pierce Transit RESOLUTION NO. 4418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY AND PIERCE TRANSIT FOR IMPLEMENTATION OF THE LAKELAND HILLS COMMUTER SHUTTLE SERVICE AND COMMUNITY SHUTTLE ROUTES 910 AND 919 FOR FIVE YEARS STARTING IN 2010 WHEREAS, King County Metro Transit held a competition for projects to be funded through the Transit Now Partnership Program in 2007; and WHEREAS, the City of Auburn applied for and was awarded two transit projects: the Lakeland Hills Commuter Shuttle and Auburn Community Shuttle; and WHEREAS, the Lakeland Hills Commuter Shuttle will help alleviate the parking demand at the Auburn Station and provide new peak-hour transit service between the Lakeland Hills area and the Auburn Station; and WHEREAS, the Auburn Community Shuttle (routes 910 and 919) will provide a circulator service transporting Auburn residents and employees between their homes, jobs, major commercial areas and community facilities during the non-peak hours; and WHEREAS, both shuttle services are scheduled to begin operations in 2010 for a five-year period under this agreement, with the Lakeland Hills Shuttle already having been in operation for one year prior to the start of this agreement; and WHEREAS, Pierce Transit has agreed to be a financial partner with King County Metro Transit and the City of Auburn for the Lakeland Hill Commuter Shuttle; and Resolution No. 4418 November 10, 2008 Page 1 WHEREAS, the Lakeland Hills Commuter Shuttle service is estimated to cost $292, 178.64 per year; the Pierce Transit contribution is $ 58, 435.73 per year, the City of Auburn contribution is $116, 871.46 per year, and the King County contribution is $116,871.46 per year; and WHEREAS the Community Shuttle service (routes 910 and 919) will be funded with City of Auburn and King County Metro Transit funds; and WHEREAS, the Community Shuttle is estimated to cost $218,055.96 per year, the City of Auburn contribution is $100,000 per year, and the King County contribution is $118,055.96 per year; and WHEREAS, the Pierce Transit Board of Commissioners passed Resolution 08- 035 on October 13, 2008 committing to the Lakeland Hills Shuttle service; and WHEREAS, King County passed Ordinance 16041 on March 24, 2008 committing to the service outlined in the attached agreement; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to enter into an agreement with King County and Pierce Transit to implement the Lakeland Hills Shuttle service and Auburn Community Shuttle (routes 910 and 919) commencing in 2010 for a period of five years, in substantial conformity with the Transit Service Direct Financial Partnership Agreement, attached hereto and incorporated herein by this reference. Resolution No. 4418 November 10, 2008 Page 2 Section 2. That the Mayor is authorized to implement such other 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 Gvw , 2008. CITY OF AUBURN j , - ; . ___r , < < \L ~ _ P ER B. LEWIS MAYOR ATTEST: / Dan Ile E. Daskam, City Clerk APPROVED AS TO FORM: ~ r 1 (-D iel B. City Attorney Resolution No. 4418 November 10, 2008 Page 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, 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 Department of Transportation, 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 one 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 Now 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 Ten-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 submitted 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 HING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 1 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 King County Council, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND AGREEMENTS SET FORTH fIEREIN, 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 is to enter into a mutually beneficial contractual relationship for enhanced transit services consistent with the goals and directives of the Transit Now ordinance and initiative as authorized by King County Council Ordinance 15582 (approved in September 2006) and passed by the voters of King County as Transit Now in the general election on November 7, 2006 to leverage sustainable local resources for transit service and to increase 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 ternunating the partnership. 2. COiJNTY'S RESPONSIBILITIES 2.1 The County will provide transit service enhancements in accordance with the service specifications set forth in Section II.C 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 fully allocated 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 City of Auburn funds (actual contribution specified in Attachment A). Fully allocated costs include the cost 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 service 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 type 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; c) Passenger miles per revenue hour; and d) Passenger miles divided by platform miles. 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 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. If 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 set forth in KCC 28.94.020(B)(2). After consultation with Service Partner, if the County determines 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 Parmer of its intention to terminate the Agreement. Throughout, the County recognizes that statutory responsibility for making significant changes to, ar 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 I 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. SERVICE PARTNER'S RESPONSIBILITIES 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 less 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 for at least five (5) years to implement new transit service. The foregoing dollar amounts represent the minimum monetary contributions that Service Partner will be responsible far 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 cost allocation calculations specified in 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 are 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 SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 3 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 Secdon 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 additional 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 and the additional performance benchmarks specified in Attachment A, and the Parties desire to have Pierce Transit continue to provide the enhanced transit service beyond the initial 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. INVOICES/PAYMENT PROCEDURES 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 costs 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 costs 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. Pierce Transit will provide adjustments to King 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 LAKELAND HILLS SHUTTLE 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 Pierce Transit the amount due within forty-five (45) days of receipt of a 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. INDEMNIFICATION 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 as a result of this Agreement. No employees or agents of one Party or its contractors or subcontractors shall be deemed, ar represent themselves to be, employees, agents, contractors or subcontractors of the other Party. 6.2 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 tbe wark and services to be performed under this Agreement. 6.3 Each Party shall protect, defend, indemnify and save hannless 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, acdng 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. 6.4 Each 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 ternunation of this Agreement. 7. INSURANCE REQUIREMENTS 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. 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 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 AGREEMENT 9.1 Either Party may terminate this Agreement, in whole or in part, in writing if the other 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 the County's February, June or September service change, by written notice delivered by certified mail, 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, June or September service change, by written notice delivered by certified mail, return receipt requested, of intent to ternunate. 93 If any Party terminates, the other Parties will pay the County and/or Pierce Transit a pro-rated amount for services performed in accordance with the Agreement to the date of termination. 10. FORCE MAJEURE 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 not limited 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 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 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. 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. 14. 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 either Party. 15. ALL 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 terms 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 Kell Ha den Or anization Cit of Auburn Public Works Pierce Transit Title Trans ortation Planner Director of Service Plannin Address 25 W. Main Street P.O. Box 99070 Auburn, WA 98001 Lakewood, WA 98499 Tele hone 253-804-5050 253-984-8217 Fax 253-931-3053 253-589-6364 E-Mail jwelsh@auburnwa.gov kha den@ iercetransit.or Kin Count Contact Name Matt Hansen Title Su ervisor, Market Develo ment, Metro Transit Division Address YES-TR-0600 400 Yesler Way Seattle, WA 98104 Tele hone 206-263-3598 Fax 206-684-2058 E-Mail matt.hansenL kin cotmt . ov 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 7 of 16 17. Each 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 all the Parties hereto. IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the ""day of Z~ Le:.~.t cK , 2008. KING COUNTY CITY OF'AU$URR, ~ _ By_ By Title: Tide: ~ AY6 C Date: a Date: NOV 17 ZOOB P 7;AN ~ Title: Date: ~ 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 8 of 16 ATTACHMENT 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 Hills (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. 1. Lakeland Hills 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 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. 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 Parmers Pierce Transit agrees to provide three 25-foot transit "Bus Plus" vehicles (two active vehicles, one spare vehicle) far 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 PARTNERSHIP AGREEMENT BETWEEN HING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 9 of 16 The City 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 pay on an annual basis shall be determined in accardance with Section 5.3 of this Agreement. Rates for per-hour cost will be based on Pierce Transit's fully allocated rate for "blended" (both directly operated and contracted) SHUTTLE 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 Hills commuter route as defined in Service Description of this Attachment A, Part I. The actual annual cost the County agrees to pay on an annual basis shall be determined in accordance with Section 53 of this Agreement. Rates for per-hour and per-mile cost wili be based on Pierce Transit's fully allocated rate for "blended" (both directly operated and contracted) SHUTTLE service. C. Transit Service Enhancements 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 acUvities, 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 bike 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/locations 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 ($116,871 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 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 1 I of 16 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 ternunation. 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. 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 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/platform miles: Average - 3.32 Metro's initial performance review far 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 II. 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 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 12 of 16 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 months 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 implementation. City of Auburn remains responsible for the cost and implementation of the following actions or similar activities as agreed with Market Development staf£ 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$50/month subsidy transit pass for city employees for use of bus, vanpool, and rail. • 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 HOV 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 PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN AND PIERCE TRANSIT LAKELAND HILLS SHUTTLE AND METRO ROUTES 910 AND 919 Page 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 King 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 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 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 l. 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 Off-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. 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