HomeMy WebLinkAboutIAG2019-007 - Original - KC Department of Transportation - South County Area Transportation Board Agreement (SCATB) - 12/20/2017 Records Management
KENO Document
WASMINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: i<C J L�'T DIF 'flCAN 5 POiQ"T?�4'nes�
Vendor Number: qyi�oU,!�
JD Edwards Number
Contract Number: -Z-A &-,91 C7 007
This is assigned by City Clerk's Office
Project Name: South King County Area Transportation Board Agreement (,5C/-T8)
Description Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Agreement
-7 IA-3/-01oAl
Contract Effective Date: December 2017 Termination Date: December 2021
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Kelly Peterson Department: Transportation
Contract Amount: $100 Annual Membership Fee
Approval Authority: ❑ Director ® Mayor ❑ City Council Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
Kent is a member of the South King County Area Transportation Board (SKCATBd) which
was developed to share information, build consensus, and provide advice on plans,
programs, policies and priorities for countywide, regional state and federal transportation
decisions. Parties of Agreement: Algona, Auburn, Black Diamond, Burien, Covington,
DesMoines, Enumclaw, Federal Way, Kent, Maple Valley, Milton, Normandy Park, Pacific,
Renton, SeaTac, Tukwila, Muckleshoot Indian Tribe, King County.
t
•
KENT Agenda Item: Consent Calendar - 7G
YJ 4 5 H I N G T O N
TO: City Council
DATE: November 7, 2017
SUBJECT: South King County Area Transportation Board Agreement - Authorize
MOTION: Authorize the Mayor to sign the South King County Area
Transportation Board Agreement subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The City of Kent is a member of the South King County Area
Transportation Board (SKCATBd) which was developed to share information, build
consensus, and provide advice on plans, programs, policies and priorities for
countywide, regional, state and federal transportation decisions.
The attached agreement identifies members and voting rights, representatives,
operating procedures, the lead agency, financing and cost sharing. The City is a full
voting member.
The current agreement expires at the end of December 2017. With council approval,
the new agreement would be in place through December 2021.
EXHIBITS: South King County Area Transportation Board Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Higgins, Ralph NAY: N/A
BUDGET IMPACTS: $100 annual membership, to be paid for with Street funds.
South County Area Transportation Board Agreement
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
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 SeaTac
City of Tukwila
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on December 20, 2017.
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 "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 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 County 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 planning, 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 and legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
9. Only cities within the Sound Transit district(Burien, SeaTac, Tukwila,Normandy Park, Des
Moines, Federal Way, Renton, Kent, Auburn,Algona and Pacific) are able to vote on Sound
Transit projects. However,the cities in the Sound Transit district are encouraged to seek the
input of cities that are adjacent to the Sound Transit district boundaries on Sound Transit
projects.
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 WSDOT 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
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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.
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 I
City of Black Diamond I
City of Burien I
City of Covington 1
City of Des Moines I
City of Enumclaw I
City of Federal Way I
City of Kent I
City of Maple Valley I
City of Milton I
City of Normandy Park I
City of Pacific I
City of Renton I
City of SeaTac I
City of Tukwila I
Muckleshoot Indian Tribe I
King County 3
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 County representation shall be a maximum of two
Councilmembers and the King County Executive.
3.3 Each city or county 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.
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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.
6.0 Financing and Cost Sharing Guidelines
6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of
$100.00 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 $100.00, 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 $100.00 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
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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, 2019, 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, 2020 and ending no later than December 31, 2021.
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 refunded to the parties to this Agreement according to Section 11.0.
10.0 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 8.0 or 9.0, any personal property other than cash
shall remain with the Lead Agency.
11.0 Return of Funds
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
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 party 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
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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.
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.
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City of Algona .
City of Auburn--�.�',
City of Black Diamond
City of Burien
4y
City of Covington
City of Des Moines ''f_
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley__�.
City of Milton
City of Normandy Park
r
City of Pacific
City of Renton �,�� ��✓",
City of SeaTac
City of Tukwila
Muckleshoot Indian Tribe
King County
GUEST FOR MAYOR'S SIGNATURE
KENT Print on Cherry-Colored Paper
V n Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Directo
Originator: Cheryl Viseth for Kelly Peterson Phone (Originator):
5504
Date Sent: 11/30/2017 Date Required: 12/04/2017
Return Signed Document to: Cheryl ViSeth Contract Termination Date:
y December 31, 2021
VENDOR NAME: Date Finance Notified:
South King County Area Transportation Board (Only required on contracts n
20 000 and over or on an Grant ��
DATE OF COUNCIL APPROVAL: 1 1/07/2017 Date Risk Manager Notified:n/a
Has this Document been Specificail
(Required on Non-City Standard Contracts A reements
Account Number:
Authorized in the Budget? YES NO
Brief Explanation of Document:
The current SKCATBd agreement expires the end of 2017. This new agreement will
take us through 2021.
<. C_ Must Be Routed Through The Law Departmen
Received: (This area to be completed by the Law Department)
Approval of Law Dept.: v
La
by .;
Date' oi=wa de o° 77 ;:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments: (4L9,j j&r-�, v y t)
Disposition: C
Date Returned:
I ' is
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