HomeMy WebLinkAbout4983 RESOLUTION NO. 4 9 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH THE OTHER JURISDICTIONS OF
THE SOUTH COUNTY AREA TRANSPORTATION
BOARD
WHEREAS the City of Auburn had entered into agreements with its
neighboring cities and transportation related jurisdictions to address the
cooperative inter-workings of the other jurisdictions on projects involving area
transportation projects; and
WHEREAS, the entity through which these multi-agency agreements
have been channeled has been the South County Area Transportation Board;
and
Whereas, the purpose of such Agreements has been to recognize the
South County Area Transportation Board as the transportation board for the
South King County area to share information, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state
and federal transportation decisions; and
WHEREAS, the participating jurisdictions have commenced
negotiating a current Agreement; and
Resolution No. 4983
August 5, 2013
Page 1 of 3
WHEREAS, it is appropriate to empower the Mayor to work with
the other jurisdictions to conclude negotiation of a new agreement and to
execute the same on behalf of the City of Auburn.NOW, THEREFORE, THE
CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to
negotiate the final details of and execute an Agreement with the South County
Area Transportation Board, which Agreement shall be in substantial conformity
with the Agreement attached hereto as Exhibit "A."
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this .5 day of 12013
ITY U
PETER B LEWIS, MAYOR
ATTEST-
'U, e�Zlk
Danielle E. Daskam, City Clerk
---------------------------
Resolution No. 4983
August 5, 2013
Page 2 of 3
APPROVED AS TO FORM.
D el Hei ity Attorney
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Resolution No. 4983
August 5, 2013
Page 3 of 3
4 17722
Attachment C
South County Area Transportation Board Agreement
Parties to Agreement
City of Algona
City of Aubum
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of Renton
City of SeaTae
City of Tukwila
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on
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 BURIEN, hereafter called"Burien'; the CITY OF
COVINGTON,hereafter called"Covington";the CITY OF DES MOINES,hereafter called"Des
Moines'; the CITY OF ENUMCLAW,hereafter called"Enumclaw'; the CITY OF FEDERAL WAY,
hereafter called"Federal Way';the 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`Ni ormandy 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 TUKW ff A,hereafter called"Tukwila",the MUCKLESHOOT INDIAN
TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King
County"as members of the South County Area Transportation Board.
WHEREAS,the parties to this agreement recognize that multi-jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS,the South Comity Area Transportation Board has served as the central forum for
information sharing,consensus building, and coordination to develop recommendations for
transportation policies,projects and programs for the south King County area;
NOW THEREFORE,in consideration of the mutual covenants contained herein,the parties hereto agree
as follows:
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1.0 Purpose of this Agreement
The purpose of this Agreement is to recognize the South County Area Transportation Board as the
transportation board for the south King County area to share information, build consensus,and provide
advice on plans,programs,policies and priorities for countywide,regional, state and federal
transportation decisions.
2.0 Members and Voting
Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows:
2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement
shall have full voting rights on all of the following issues before the South County Area Transportation
Board,unless otherwise noted, including:
1. Administrative issues,such additional members and use of dues
2. Recommendations to Sound Transit on policies and capital and service plans and
implementation.
3. Recommendations to King County on Metro Transit plamiing,development and implementation
of products and services.
4. Identification of projects for the regional competition, if prescribed by the process approved by
the King County caucus of the Transportation Policy Board.
5. Recommendations to WSDOT on policies,programs and projects.
6. Recommendations to the PSRC on plans,policies,programs and projects such as Transportation
2040 updates and regional funding policies,strategies or programs.
7. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy,budget and priorities arid legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2 Members with Limited Voting Rights:The South County Area Transportation Board may add
members with limited voting rights on the issues such as those listed below by unanimous vote of the
parties to this agreement in attendance at a regular meeting.
1. Recommendations to W SDOT on policies,programs and projects.
2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
3. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy,budget and priorities and legislative proposals and studies.
4. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2(a) Such members and voting rights,if any,shall be listed in operating procedures to be adopted by
the South County Area Transportation Board.
2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting
members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The
South County Area Transportation Board may remove non-voting members by a unanimous vote of the
parties to the agreement at a regular meeting.
2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area
Transportation Board.
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3.0 Representation and Conduct
3.1 Representation of city and county members shall be as follows:
Full Voting Members Number of Representatives
City of Algona 1
City of Auburn 1
City of Black Diamond t
City of Burien 1
City of Covington 1
City of Des Moines 1
City of Enumclaw 1
City of Federal Way l
City of Kent l
City of Maple Valleyt
City of Milton 1
City of NounaDdy Park l
City of Pacific
City of Renton 1
City ofSeaTac l
City of Tukwila
MMe_shoot Indian Tribe 1
King County3
3.2 Elected officials shall be appointed to the South County Area Transportation Board by their
cities and counties for a one-year term. King Comity representation shall be a maximum of two
Councilrnembers and the King County Executive.
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3.3 Each city or comity participating member may appoint an alternate for a one-year term.
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
4.0 Operating Procedures
4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited
voting members and non-voting members,if any,dues for limited and non-voting members,if any, and
operational issues such as election of officers,formation of subcommittees and rules of order. A chair
and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting
agenda,running meetings and any other activities identified in the operating procedures.
5.0 Lead Agency
5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
annual dues, and general administrative and program support for the South County Area Transportation
Board. King County assumes wage and benefit costs of its staff performing Lead Agency
responsibilities to the extent that King County appropriates such funds. The Lead Agency,in its sole
discretion, shall determine the level of staffing available based upon funding.
5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area
Transportation Board membership rosters and distribution lists; arranging for Board meetings, including
scheduling, agendas and rooms;collecting, administering and disbursing Board dues;providing Board
meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting
summaries.
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6.0 Financing and Cost Sharing Guidelines
6.1 Yearly Dues:The South County Area Transportation Board members shall pay a minimum of
$100 per full voting representatives in annual dues to remain members in good standing. The Lead
Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt
of the invoice.Members not in good standing shall lose voting rights until the required dues are paid.
Additional dues above$100,and any dues required by limited or non-voting members,will be
determined by the South County Area Transportation Board as prescribed in the operating procedures.
Revenue from dues shall be used for special events,public education, or other expenses authorized by
the South County Area Transportation Board. The designated Lead Agency shall not be required to pay
yearly dues.
6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by
June 30 of each year whether additional annual dues above $100 per voting representatives will be
required of the South County Area Transportation Board member jurisdictions for the following year.
6.3 Additional financial contributions: If additional financial contributions beyond an increase in
dues are determined to be necessary, costs shall be shared among all voting members,with an option for
King County to recuse itself from further financial obligations_Recused members may not vote on
determining the additional financial contribution or uses for the additional funds.
6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a
modification to this agreement specifying cost-sharing,purpose,scope of work, administration,
collection and disbursement of funds and other details is required in order to obligate a member
jurisdiction to funding participation.
7.0 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 the chair of the South County Area Transportation Board 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 payments
to the South County Area Transportation Board and shall pay any dues required to be paid under this
Agreement for costs which had been obligated prior to the effective date of the withdrawal.All
obligations other than dues cease upon withdrawal.
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. Should such
an appropriation not be approved for a future year, a party may exercise its right to withdraw from the
Agreement.
8.0 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 31,2015,provided that unless terminated earlier in accordance with Section 9.0,this
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1,2016 and ending no later than December 31,2017.
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9.0 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 Statement of
Termination. Upon termination,no party shall be required to make any additional contributions. Any
remaining funds shall be refimded to the parties to this Agreement according to Section 11.0.
10.0 Real and Personal Property
The acquisition of real properly 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 8.0 or 9.0, any personal property other than cash
shall remain with the Lead Agency.
11.0 Return of Funds j
At such time as this Agreement expires without being extended or revised, or is terminated in
accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed
proportionately to those parties to this Agreement at the time of termination based on each party's
percentage share of the total balance at the time of termination.
12.0 Filing
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This Agreement shall be filed with the King County Department of Records and Elections.
13.0 Legal Relations
13.1 The parties shall comply with all applicable state and federal laws and regulations.
13.2 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 parry or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party
13.3 Each party shall defend, indemnify and hold harmless the other party and all of its 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 first party,
its contractor, and/or employees,agents,and representatives in performing the first 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 any immunity that, as respects the other party only,would otherwise be
available against such claims under the industrial insurance provisions of RCW Title 51. In the event
either party incurs attorney's fees,costs or other legal expenses to enforce the provisions of this section,
against the other party,all such fees, costs and expenses shall be recoverable by the prevailing party.
13.4 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.
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14.0 Entirety and Modifications
14.1 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.
14.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts,each of which
shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes
an original signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By: By: By:
Date: August 29, 2013 Date: August 5,2013 Date: August 16, 2013
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City of Burien City of Covington City of Des Moines
By: By: — By:
Date: October 9, 2013 Date: August 28,2013 Date: September 5,2013
City of Federal Way City of Kent City of Maple Valley
By: see attached By: By: /
Date: Date: September 3,2013 Date: September 3,2013
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City of Nonnandy Park City of Pacific City of Renton
, ,
By: By: By: see attached
Date: September 10. 2013 Date: Au ust 14, 2013 Date:
City of SeaTac City of Tukwila Muckleshoot Indian Tribe
By- By: By: lrlC' L
Date: August 27, 2013 Date: August 8, 2013
King County
Date:
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14.1 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.
14.2 This Agreement maybe modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts,each of which
shall be an original.For purposes of this Agreement,a duly authorized electronic signature constitutes
an original signature.
IN WITNESS WHEREOF, the Patties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By: By: By:
Date: Date: Date:
City of Burien City of Covington City of Des Moines
By: By: By:
Date: Date: Date:
City of Enumclaw City of Federal Way City of Kent
By: By. By:
Date: Date: IovI13 Date:
City of Maple Valley City of Milton City of Normandy Park
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By: By: By:
Date: Date: Date:
City of Pacific City of Renton' City of SeaTac
;.
By' By: ha r u.45'r;.` By:
Denis. �iaw, �ybr. `.;
Date: ATTEST:=;;tr Date:
Bonnie 1tomo--, �,ty Clerk
City of Tukwila Muckleshoot Indian Tribe King County
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By: By: By:
Date: Date: Date:
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KING COUNTY 12M ir._C.wmc CmmhMse
a sit, 111'd
Signature Report
King County
December 17, 2013
Ordinance 17722
Proposed No. 2013-0503.2 Sponsors Phillips
1 :\N ORDINANCE relating to the ScaShore Transportation
2 Foruni. the Eastside Transportation Partnership and the
3 South County Area Transportation Roam), authorizing the
4 executive to enter into agreements for their continuation
5 and committing to King Count), slalTsupport through 2017
6 S"1 OF FACTS
7 1 King County and the cities in King County have along history ol'
8 nudlij III isdictional transportation planning and have found that henclits
9 can be achieved by niultijurisdiclional coordination, including a
10 cooperative approach to planning, financing and cnnstruction ofneeded
11 transportation iniprovenicnts.
12 2. The Seashore Transpoi tation Forum. the E:rstsidc '1 rmisponetion
13 Partnership and the South County :\rea Transportation Rnmd have screed
14 as important Mums lire hubm ation sharing, consensus building and
15 coordination to develop reconuntenhuons liar transportation policies.
16 projects and pmgmnis for King County and the region.
17 3. Each of these forums has lornied ell oiye partnerships to meet the
13 gin"!ng need for transportation services and Ihcili , throw=hoot the
19 county
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Ordinance 17722
20 1 17.ach ormese A erns is expened to continue 10 provide \aluable input
21 on numerous 11011c� planning and implementation decisions.
22 BE IT ORD:\15I:D BY THE COUNCIL Of KING COUNTY
23 SI?CIION I. The executive is hctrh\ authorir_ed to eNecute agreements_
24 substanthdo in the lurm OI Attachments A. 13. and C to this Ordinance. Ar the SeaShmc
25 rrunsport:uion Forum, the L:astside Transportation Partnership. and the South C'oumt
26 Area Tnutspoilatioil Board. respectitek The agrccnunts:
27 A. Commit to stal'I'support Ibr their cOntinuatinn through 2017
28 B Confirm the liwunt responsibility in provide advice to Kmg Cnumy un Moro
29 transit plannin dc\elopntcnt and implementation of products and services. and
30 C Acknowledge the role of the SraShorc Transpurtalinn forum. the Eastside
31 Transportation Partnership and the South County Area Transportation Board in pro%idin_
c
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Ordinance 17722
32 advice to Sound Transit, the Puget Sound Regional Council, the Washington state
33 Department of I ranspmtation and other transportation bodies.
34
Ordinance 17722 was introduced on 12/2/20 1 3 and passed by the Metropolitan King,
County Council on 12/16/2013, by the follmving \rote.
Ycs: S - Mi. Phillips. N I% %oil Reichbauer. Mr. Gossett. Cols. Patterson.
Ms. [ambert. Mr. Dunn. NIr McDcrnmtt and Nlr. Demlitmski
No. 0
L-scused' 1 - \GIs. 1-laeue
KING COUNTY COUNCIL
KING COUN rY, WASHING rt tN
0
fry Go»rii,Chmr I
AT ITS
:i
,\nne Voris.Clerk o(the Council ... .—. I
APPROVED this 2b das _QI_
D"ne Constantine. C•nunh•B culne
Attachments: A. Sea\hwe"frznsport:nion Ponim :\^_rcemem. It. 6a,hidc"fmnyaxwtion Paunership.
C. South County Area hun:ponmion Board A,neement
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