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HomeMy WebLinkAbout3935 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 --- ,200~. ~ PETE B. LEWIS MAYOR ATTEST: @;'~, 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 ^". '-^" '~ ",,- " '<""''''~~j ") ~~\ I~ I ~--___ I --~- I ---... South County Area Transportation Board (SCATBd) 2003 The i1formltiot> nclllli'ldon,thlsmophasbeen compledby Kilg Colltty slaff from a variety ofllOUrces an:l IssubJe::ttc "rnnge wlhout noti::e. Ki'lll County makes 110 r~rasentatlo~ or w......nliea,exp",,"sormplied,as toaccU"ocy, <oml'leten...s, tmelj,ess, or 11g.ts to the use of such InfulmaUoo. King County sl\all nd be 118110 for any 9'nera~ speda~ i1direct.lnci:lenta~ora;lnsequertial<:amages i1clJdlng,bUnDj Imledlo,lostrf!liel1uesorkls1profttsresullilgfromtheuse ormBuseoftheinformatloncontailedon1hismap fJlIysaleofthsmaporrnormawnonthilmapO;pmhibled accapbywrlltanpennlsabnofKngCounty. , + Legend Nowmber13,2002 a7 Q7 1.4 2.1 28 @) king Col,lnly /V Streets. Principal Arterials /\I Streets - Freeway.>. [!J SeA TBd IIiI seA TBd & ETP Incorporated Area 3.5 Miles