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RESOLUTION NO. 3 9 3 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE SOUTH COUNTY AREA
TRANSPORTATION BOARD
WHEREAS, the City of Auburn is engaged in various municipal functions,
including transportation planning services; and
WHEREAS, in order to provide for such services, it is appropriate that the
City enter into to agreements with other agencies; and
WHEREAS, in order to provide for those services, the City, as well as a
number of other cities, has negotiated a contract with the South County Area
Transportation Board to assist in governing such services, and the City has
determined that the South County Area Transportation Board is able and
qualified to assist in governing the services necessary, at a cost that is
acceptable to the City.
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
an agreement in substantial conformity with the Agreement attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
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.
Resolution 3935
November 4, 2005
Page 1
Dated and Signed this 1oi!J day of '--nt?IA/~v.J
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,200~.
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PETE B. LEWIS
MAYOR
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
iel B. Heid,
City Attorney
Resolution 3935
November 4, 2005
Page 2
EXHIBIT "A"
2006-2009 AGREEMENT
For the
SOUTH COUNTY AREA TRANSPORTATION BOARD
Parties to Al'feement
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 ofSeaTac
City of Tukwila
Pierce Transit
Port of Seattle
Puget Sound Regional Council
Sound Transit
Transportation Improvement Board
Washington State Department of
Transportation
Transmitted to participating members on October 28, 2005.
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter
called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK
DIAMOND, hereafter called "Black Diamond"; the CITY OF BURlEN, hereafter called
"Burien"; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES
MOINES, hereafter called "Des Moines"; the CITY OF ENUMCLA W, 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
1 0/27/2005
,
CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE VALLEY, hereafter called
"Maple Valley"; the CITY OF MILTON, 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 CITY OF TUKWILA, hereafter called "Tukwila"; the PUGET SOUND
REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit"; the
TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB"; the PORT OF
SEA TILE, hereafter called the "Port of Seattle"; PIERCE TRANSIT, hereafter called "Pierce
Transit"; the MUCKLESHOOT 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
(GRVT AP), 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
Tukwila; 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-Year Transit Development Plan, adopted in 1995, calls for the three subarea
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 subarea transportation boards to review and
recommend modifications to Sound Move Plan implementation related services and projects, and
to participate in future phase 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 (SCA TBd), and provide for the continuation ofthe SCA TBd
as the South King 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:
· Recommendations for the Safe, Accountable, Flexible, Efficient Transportation
Equity Act-Legacy for Users (SAFETEA-LU) regional project identification and
Countywide project selection
. Development of the King County Metro Six Year Transit Development Plan, and
implementation of transit service priorities
· Recommendations to Sound Transit as it plans and implements projects and
services.
. Coordination with the Eastside Transportation Partnership and the SeaShore
Transportation Forum on countywide and regional transportation issues.
3.0 Voting and Non-Voting Members
3.1. The members of SCA TBd and their voting rights shall be as follows:
MEMBERS NUMBER OF VOTING
REPRESENTA TWES
Algona 1 Yes
Auburn I Yes
Black Diamond I Yes
Burien I Yes
Covinlrton I Yes
Des Moines I Yes
Enumclaw I Yes
Federal Wav 1 Yes
Kin!! Countv 2 Yes
Kent I Yes
Manle Vallev I Yes
Milton 1 Yes
Muckleshoot Tribe . 1 Yes
Normandy Park 1 Yes
Pacific 1 Yes
Renton . 1 Yes*
SeaTac . 1 Yes
Tukwila 1 Yes
Port of Seattle 1 No
Puget Sound Regional Council 1 No
Sound Transit 1 No
Pierce Transit 1 No
Transportation Improvement Board 1 No
Washil1l!(on State Department of Tral1sport<ition 1 No
3.2 The "South King County" subarea is recognized as one ofthree subareas in King County
providing input for Metro Transit and Sound Transit decisions allocating service or capital
resources. The South County Area Transportation Board is established as the body responsible
for making recommendations on these issues. The City of Renton is located in the East King
subarea for Sound Transit decisions. For actions relating to Sound Transit issues, only those
jurisdictions in the "South King County" subarea shall vote.
3.3 Existing or new cities legally formed under the laws of incorporation ofthe State of
Washington may petition SCA TBdfor membership. The number of SCA TBd representatives
and the status of new members shall be determined by a simple majority of voting
representatives present at a meeting ofthe SCATBd at which a quorum is present.
3.4 Private sector groups that represent the South County may be added as nonvoting
members in SCA TBd as determined by a simple majority of voting representatives present at a
meeting of the SCA TBd at which a quorum is present.
4.0 . SCA TBd Operations
4.1 Each member city shall 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, Till,
Pierce Transit, Sound Transit and WSDOT shall be entitled to one position each. Each member
shall appoint one representative and one alternate to the Board, 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 member.
4.2 The Board will be responsible for overall program direction, approving Technical
Advisory Committee (Section 5.2) recommendations, and on-going communication 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. The Board shall act by majority vote of the quorum. The
Board may 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 shall 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 the January meeting.
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 SCA TBd.
4.6 With a simple majority, the SCA TBd can adopt resolutions in support of member
jurisdictions or activities in the region, authorize studies, and 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 T AC
shall provide technical assistance as requested by the Board and shall advise the Board of
emergent transportation issues for the Board's consideration. To the extent possible, existing
technical or other work groups with which South County 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 shall provide general administrative and program support for the SCA TBd and will
be the Lead Agency for the purposes of cOOrdinatiOIl 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 SCA TBd.
8.0 Work Program
The SCA TBd may undertake activities consistent with its purposes and shall prepare an annual
work program for the following year and progress report on the year just completed for submittal
to its members.
9.0 Financing and Cost Sharing Guidelines:
9.1 SCATBd Yearly Dues - Each member city with a population above 30,000 shall
contribute $75.00 annually to remain members in good standing. Each member city with a
population below 30,000 shall contribute $50.00 annually to remain members in good standing.
The designated Lead Agency shall not be required to pay yearly dues. This revenue shall be
used for special events, public education, or other expenses authorized by SCA TBd.
9.2 The following gnidelines shaUgenerally apply:
(I) Annual Review of Financing: The Forum shall determine by June 30 of each year
whether an additional financial contribution will be requested of the Board jurisdictions and
agencIes.
(2) Voting Members: Costs shall be shared among member jurisdictions other than King
County by a method as determined by action ofthe Board. Unless agreed to otherwise, King
County's share shall be limited to the costs of providing staff support.
(3) Non-voting Members: The member agencies shall not be expected to make a direct
funding contribution. [Since non-voting members could include private parties, they shouldn't
be obligated to make payment in cash or in-kind or have any other obligations. If they are
obligated to perforrn under the agreement, it would be something other than an interlocal
agreement and different procedures would need to be followed in order to adopt it.]
(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 participation.
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 shall 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 terminate 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 termination.
Each party's funding to perform its obligations under the Agreement, beyond the current
appropriation year, is conditional upon appropriation by the party's governing 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 executed by the authorized representatives of all parties. This Agreement shall remain in
effect until December 31, 2008, unless tertriinatedearlier or extended in accordance with Section
17.0. If all parties desire to extend this Agreement beyond December 31, 2008, they shall
execute a Statement of Extension. In no event shall the Agreement be extended beyond
December 31, 2010.
12.0 Termination
All parties to this Agreement mllst agree to terminate this Agreement in order for such
termination to be effective. If all parties but one terminate, that one party cannot represent itself
as SCA TBd. If all parties desire to terminate this Agreement, they shall execute a Declaration of
Termination. 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 terminated in accordance with Section 12.0, any
unexpended and uncommitted funds shall be distributed, based on the two tiered population
contribution guidelines outlined in Section 9.0, among the contributing parties at the time of
termination.
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 ventureorpartl1ership 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 all claims, demands, suits, actions, and liability
of any kind whatsoever which arise out of, are connected with, or are incident to any negligent
acts of the indemnifying party, its contractor, and/or employees, agents, and representatives in
performing 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 recoverable 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
hereto.
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of
whom shall be an original.
Signature Page
IN WITNESS WHEREOF, the Parties have caused this Agreementto be signed and delivered by its duly
authorized officer or representative as of the date set forth below its signature.
CITY OF ALGONA KING COUNTY CITY OF TUKWILA
By By By
Date Date Date
~w CITY OF KENT PIERCE TRANSIT
~ By By
Date /1- ?-2tJcJ:' Date - Date
CITY OF BLACK DIAMOND CITY OF MAPLE VALLEY PORT OF SEATTLE
By By BY
Date Date Date
CITY OF BURIEN CITY OF MILTON PUGET SOUND REGIONAL
COUNCIL
By By By
Date Date Date
CITY OF COVINGTON CITY OF NORMANDY PARK SOUND TRANSIT
By By By
Date Date Date
CITY OF DES MOINES CITY OF PACIFIC TRANSPORTATION
IMPROVEMENT BOARD
By By By
Date Date Date . . .
CITY OF ENUMCLA W CITY OF RENTON WASHINGTON STATE
. DEPARTMENT OF
TRANSPORTATION
By By By
Date Date Date
CITY OF FEDERAL WAY CITY OF SEATAC MUCKELSHOOT TRIBE
By By By
Date Date Date
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