HomeMy WebLinkAbout3558RESOLUTION NO. 3 5 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR THE SOUTH COUNTY AREA
TRANSPORTATION BOARD
WHEREAS, the City of Auburn is engaged in various municipal functions,
including transportation projects of local and regional significance; and
WHEREAS, in order to provide for a more effective coordination and
communication between regional municipalities and governmental entities on
such projects, the South County Area Transportation Board (SCATBd) was
established and formed; and
WHEREAS, an Agreement has been drafted to identify and define the
purposes, participant relationships, cost sharing and organizational structure of
the SCATBd; and
WHEREAS, the City of Auburn is one of the municipalities invited to
participate in the SCATBd, and it is in the best interests of the City to participate
in the SCATBd; and
WHEREAS, it is thus appropriate that the City approve the SCATBd
Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
the SCATBd Agreement in substantial conformity with the Agreement attached
hereto, marked as Exhibit "A" and incorporated herein by this reference.
Resolution No. 3558
December 11, 2002
Page 1
Section 2. That the Mayor is designated as the voting representative of
the City of Auburn in the SCATBd, and the Mayor is authorized to designate the
alternate voting representative.
Section 3. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this 0 day o 002.
CITY OF AUBURN
PE E . LEWIS
MAYOR
ATTEST:
.
~
Da 'elle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3558
December 11, 2002
Page 2
City Attorney
EXHIBIT "A"
AGREEMENT
For the
SOUTH COUNTY AREA TRANSPORTATION BOARD
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien City of Covington
City of Des Moines
City of Enumclaw
Muckleshoot Tribe
City of Federal Way
King County
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of Renton
City of SeaTac
City of Tukwila
Pierce Transit
Port of Seattle
Puget Sound Regional Council
Sound Transit -
Transportation Improvement Boazd
Washington State Department of
Transportation
Transmitted to participating members on October 23, 2002.
THIS AGREEMENT is made and entered into by and among the CTTY OF ALGONA, hereafter
called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK
DIAMOND, hereafter called `Black Diamond"; the CITY OF BURIEN, hereafter called
`Burien"; the CITY OF COVIlVGTON, hereafter called "Covington"; the CTTY OF DES
MOINFS, hereafter called "Des Moines"; the CITY OF ENUMCLAW, hereafter called
"Enumclaw"; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; KING
COUNTY, a legal subdivision of the State of Washington, hereafter called "King County"; the
CITY OF KENT, hereafter called "Kent"; the CTTY OF MAPLE VALLEY, hereafter called
"Maple Valley"; the CITY OF MII.;TON, hereafter called "Milton"; the CITY OF NORMANDY
PARK, hereafter called "Normandy.Park'; the CITY OF PACIFIC, hereafter called "Pacific";
the CITY OF RENTON, hereafter called "Renton"; the CITY OF SEATAC, hereafter called
"SeaTac"; the CIT'Y OF TUKWILA, hereafter called "1'ukwila"; the PUGET SOITND
REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET SOUND
REGIONAL TRANSTT AUTHORTTY, hereafter called "Sound TransiY"; the
TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB"; the PORT OF
SEATTLE, hereafter called the "Port of Seattle"; PIERCE TRANSTT, hereafter called "Pierce
Page 1 of 9
Transit"; the MLTCKLESHOOT TRIBE; and the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, hereafter called "WSDOT."
WHEREAS, South King County has a history of multi jurisdictional transportation planning
dating back to the late 1970's including the Green River Valley Transportation Action Plan
(GRVTAP), which was a multi jurisdictional effort coordinated by the Puget Sound Council of
Governments (now Puget Sound Regional Council) and involving King County, the Washington
State Department of Transportation, (WSDOT) and the cities of Auburn, Kent, Renton and
T.ikwila; and
WHEREAS, each of the jurisdictions in the South King County area has experienced significant
population growth and economic development in the last decade, and projects continued growth
and development in the future; and
WHEREAS, the enormous cost of many of the needed transportation improvements and their
importance to South King County as a whole demonstrate the need for a cooperative approach to
the planning, financing and construction of these improvements; and
WHEREAS, King County, WSDOT and the South King County cities of Auburn, Des Moines,
Kent, Renton, Tukwila, SeaTac, Burien, Federal Way, Algona, Pacific, Milton, Normandy Park,
Enumclaw, and Black Diamond in 1992 recognized that a cooperative approach to the
transportation problems would facilitate application of the South King County jurisdictions for
funding from the State of Washington and the United States, and in recognition of this, formed
the South County Area Transportation Board (SCATBd) to serve as a central forum for solving
transportation issues affecting the South County area jurisdictions, and were later joined by the
new cities of Maple Valley and Covington; and the Muckleshoot Tribe.
WHEREAS, the King County Comprehensive Plan for Public Transportation - Long Range
Policy Framework, adopted in 1993, divided Metro service into three geographic subareas for the
purpose of allocating new transit subsidy; and
WHEREAS, the Six-Yeaz Transit Development Plan, adopted in 1995, calls for the three subazea
transportation boards (the Eastside Transportation Partnership, South County Area
Transportation Board, and SeaShore Transportation Forum) to review, refine, and recommend
service priorities to the King County Executive; and
WHEREAS, Sound Transit relies on the three subazea transportation boards to REVIEW AND -
recommend modifications to Sound Move Plan implementation related services and projects, and
to participate in future phase (Phase I) high capacity transit development efforts.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1.0 Purpose of Agreement
The purpose of the Agreement is to identify the voting and non-voting members of the South
County Area Transportation Board (SCATBd), and provide for the continuation of the SCATBd
as the South County forum for information sharing, consensus building and coordinating to
resolve transportation issues.
2.0 Role of SCATBd
The SCATBd is the forum established for the South County subarea of King County (Exhibit 1)
at which elected officials may provide input into the following decisions, and such other
transportation-related issues as the members determine:
• development of the King County Metro Six Yeaz Transit Development Plan
• implementation of transit service priorities
• recommendations for Transportation Equity Act for the 21st Century (TEA-21) regional
project identification and Countywide project selection
• recommendations for modifications to Sound Move Plan service implementation-related
services and projects and development of future Phase II planning efforts.
The other two subareas have similar forums: the Eastside Transportation Partnership and the
SeaShore Transportation Forum.
3.0 Voting and Non-Voting Members
3.1. The members of SCATBd and their voting rights shall be as follows:
MEMBERS
NUMBER OF
REPRESENTATIVES
VOTING
A1 ona -
1
Yes
Auburn
1
Yes
Black Diamond
1
Yes
Burien
1
Yes
Covin on
1
Yes
Des Moines
1
Yes
Enumclaw
1
Yes
Federal Wa
1
Yes
Kin Count
2
Yes
Kent
1
Yes
Ma le Valle
1
Yes
Milton
1
Yes
Muckleshoot Tribe
1
yes
Normand Pazk
1
Yes
Pacific
1
Yes
Renton
1
Yes
SeaTac
1
Yes
Tukwila
1
Yes
Port of Seattle
1
No
Pu et Sound Re ional Council
1
No
Sound Transit
1
No
Pierce Transit
1
No
Trans rtation Im rovement Boazd
1
No
Washin on State De artment of Trans ort ation
1
No
3.2 Existing or new cities legally formed under the laws of incorporation of the State of
Washington may petition SCATBd for membership. The number of SCATBd representatives
and the status of new members sha11 be deternuned by a simple majority of voting
representatives present at a meeting of the SCATBd at which a quorum is present.
3.3 Private sector groups that represent the South County may be added as nonvoting
members in SCATBd as determined by a simple majority of voting representatives present at a
meeting of the SCATBd at which a quorum is present.
4.0 SCATBd
4.1 Each member city sha11 be entitled to one position on the Board. King County shall be
entitled to two positions, one for the King County Executive, and one for a King County
Councilmember representing the South King County area. The Port of Seattle, PSRC, TIB,
Pierce Transit, Sound Transit and WSDOT shall be entided to one position each. Each member
shall appoint one representative and one alternate to the Boazd, each for one year terms. For the
County and cities, the representative shall be an elected official; the alternate may be an elected
official or high level staff inember.
4.2 The Board will be responsible for overall program direction, approving Technical
Advisory Committee recommendations, and on-going communicadon with the governing body
of each member jurisdiction.
4.3 A majority of the voting representatives shall constitute a quorum of the Board, which
shall be required to conduct business. T'he Board shall act by majority vote of the quorum. The
Board shall establish its own bylaws and rules of procedure, and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of the Agreement, and
modifications to such bylaws and rules will not alter this Agreement.
4.4 The Chair and Vice-Chair shall be elected by a majority of the voting representatives on
the SCATBd, and each sha11 be one of the representatives of the county or a member city. The
Chair and Vice Chair shall serve a term of one year from January 1 through December.
4.5 The Chair and Vice Chair shall conduct the SCATBd activities within adopted
procedures and guidelines. They are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence, and speaking on behalf of SCATBd.
4.6 With a simple majority, the SCATBd can adopt resolutions in support of inember
jurisdictions or regional activities, authorize studies, approve correspondence or request
information.
5.0 Committees
5.1. The Board may establish such committees as are necessary to carry out its purpose
including but not limited to a Technical Advisory Committee as described below.
5.2. Each member jurisdiction or agency shall appoint an appropriate department director or
division manager to the Technical Advisory Committee (TAC). The City of Seattle, Pierce
County, the City of Tacoma, and Pierce Transit may appoint similar level staff to the TAC.
Other jurisdictions, agencies, or groups may be added as determined by the Board. The TAC
shall provide technical assistance as requested by the Board and sha11 advise the Boazd of
emergent transportation issues for the Board's consideration. To the extent possible, existing
technical or other work groups with which South Gounty jurisdictions are participating should be
used. South County area staff could, if necessary, form a subarea caucus for the purpose of
assisting in bringing issues to the Technical Advisory Committee or the Board.
6.0 Lead Agency
King County sha11 provide general administrative and program support for the SCATBd and will
be the Lead Agency for the purposes of coordination and receipt of any funds or contract
administration. King County assumes wage and benefits cost of its staff performing Lead
Agency responsibilities.
7.0 Member Agency Staff Support
Each member jurisdiction and agency is expected to contribute such staff as is necessary to
accomplish the work program adopted by the SCATBd.
8.0 Work Program
The SCATBd may undertake activities consistent with its purposes and shall prepaze an annual
work program for the following year and progress report on the yeaz just completed for submittal
to its members.
9.0 Cost Sharing Guidelines:
9.1 At such time that member jurisdictions and agencies agree that a specific undertaking of the
Board requires financial support, these guidelines shall generally apply:
(1) Annual Review of Financing: The Board shall determine by June 30 of 2003 whether
membership dues or other financial contribution will be requested of the Board jurisdictions and
agencies. '
(2) Member Jurisdictions: Costs shall be shared among member jurisdictions other than
King County by a method as determined by action of the Board. Unless agreed to otherwise,
King County's share shall be limited to the costs of providing staff support.
(3) Member Agencies: The member agencies shall not be expected to make a direct funding
contribution. However, subject to the availability of inember funding, in-kind contributions may
be necessary as determined by an action of the Boazd.
(4) Modification to Agreement Required: A modification to this agreement specifying cost-
sharing, purpose, scope of work and other details is required to obligate a member jurisdiction to
funding partieipation.
10.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw
from participation in this Agreement by providing written notice, sent certified mail, return
receipt required, to all of the other parties at least thirty (30) days in advance of the effective date
of the withdrawal. A withdrawing party sha11 not be entitled to a refund of any dues or other
payments to SCATBd but shall make any contributions required to be paid to other parties under
this Agreement for costs which had been obligated prior to the effective date of the withdrawal.
In the event a party withdraws, the remaining parties shall amend this Agreement as necessary to
reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal
by a party, this Agreement shall ternunate as to that party but shall continue in effect with respect
to the remaining parties. However, the termination of this Agreement with respect to one or
more parties shall not affect any of the parties' rights or obligations, including any rights or
obligations of a withdrawing party, that are expressly intended to survive ternvnation.
Each party's funding to perform its obligations under the Agreement, beyond the cunent
appropriation yeaz, is conditional upon appropriation by the party's goveming body of sufficient
funds to support said obligations. Should such an appropriation not be approved for a future
year, a party may exercise its right to withdraw as provided herein, or remain as a non-voting
member.
11.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties
and ezecuted by the authorized representatives of all parties. This Agreement shall remain in
effect until December 31, 2005, unless ternunated earlier or extended in accordance with Section
17.0.
12.0 Termination
All parties to this Agreement must agree to terminate this Agreement in order for such
termination to be effective. If all parties desire to terminate this Agreement, they shall execute a
Declazation of Ternunation. Upon termination, no party shall be required to make any additional
contributions. Any remaining funds shall be refunded to the parties to this Agreement according
to Section 14.0. 13.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this
Agreement expires or is terminated in accordance with Section 12.0, any personal property other
than cash shall remain with the Lead Agency.
14.0 Return of Funds
At such time as this Agreement expires or is ternunated in accordance with Section 12.0, any
unexpended and uncommitted funds shall be distributed in equal shares among the contributing
parties at the time of temunation.
15.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16.0 Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or
agents of one party or any of its contractors or subcontractors shall be deemed, or represent
themselves to be, employees of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other parties and all of their
officials, employees, principals and agents from a11 claims, demands, suits, actions, and liabiliry
of any kind whatsoever which arise out of, aze connected with, or are incident to any negligent
acts of the indemnifying party, its contractor, and/or employees, agents, and representatives in
perfornung the indemnifying party's obligations under this Agreement. The parties agree that
their obligations under this paragraph extend to claims made against one party by the other
party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive, as
respects the other party only, any immunity that would otherwise be available against such
claims under the industrial insurance provisions of RCW Title 51. In the event any party incurs
attorney's fees, costs or other legal expenses to enforce the provisions of this• section, against the
other party, all such reasonable fees, costs and expenses shall be recoverabie by the prevailing
PartY•
16.4 The provisions of this Section shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
17.0 Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations, representations and
agreements between the parties relating to the subject matter hereof and constitutes the entire
agreement between the parties.
This Agreement may be modified or extended only by written instrument signed by all parties
hereta
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts,.each of
which shall be an original.
Signature Page
IN WITNESS WI-EREOF, the Parties have caused this Agreement to be signed and delivered by
its au1 authonzed oi=ticer or re resen
tat~ve as of the date set forth below its si ature.
CTTY OF ALGONA
KING COUNTY
CITY OF TUKWILA
By
By
By
Date
Date
Date
CiTY OF AUBURN
CITY OF KENT
PIERCE TRANSTT
~
By
By
By
Date i~
Date
Date
CITY OF BLACK DIAMOND
CTTY OF MAPLE VALLEY
PORT OF SEATTLE
By
By
BY
Date
Date
Date
CTTY OF BURIEN
CITY OF MILTON
PUGET SOUND REGIONAL
COUNCIL
By
By
By
Date
Date
Date
CTTY OF COVINGTON
CITY OF NORMANDY PARK
SOUND TRANSTT
By
By
By
Date
Date
Date
CTTY OF DES MOINES
CITY OF PACIFIC
TRANSPORTATION
IlVIPROVEMENT BOARD
By
By
By
Date
Date
Date
C1TY OF ENUMCLAW
CTTY OF RENTON
WASHINGTON STATE
DEPARTMENT OF
TRANSPORTATION
By
By
By
Date
Date
Date
CTTY OF FEDERAL WAY
CITY OF SEATAC
MUCKELSHOOT TRIBE
By
By
By
Date
Date
Date