HomeMy WebLinkAboutPW13-274 - Original - King County - South County Area Transportation Board - 09/03/2013 17722
Attachment C
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
MuckleslLoot 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"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 I
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 reconunendations 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:
l. 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. i
b. Recommendations to the PSRC on plans,policies,programs and projects such as Transportation
2040 updates and regional funding policies,strategies or piograins.
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.
22 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
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 Re iesentation of city and county members shall be as follows:
Full Voting Members Number of Representatives
City of AI ona 1
City of Auburn 1
City of Black Diamond 1
City of Burien 1
City of Covington 1
City of Des Moines 1 f
City of Enumclaw 1
City of Federal Way1
City of Rent 1
City of Maple Valle 1
City of Milton 1
City of Normandy Park 1
City of Pacific
City of Renton 1
City of SeaTac 1
City of Tukwila 1
Muckleshoot Indian Tribe 1
Kin Coun 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
Councihnembers and the King County Executive. 11
3.3 Each city or comity participating member may appoint an alternate for a one-year term. I
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
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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
51 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, i
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 pi ror to the effective date of the withdrawal.All
obligations other than dues cease upon withdrawal.
Each parry'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 tenination,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 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
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
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
A
By: By: By:
Date:August 29. 2013 Date: August 5.2013 Date: August 16,2013
City of Burien City of Covington City of Des Monies
By: By: --- - BY: it
Date: October 9, 2013 Date: August 28,2013 Date: STtember 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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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 duty 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: Date: Date:
City of Bunen 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: Date:
City of Maple Valley City of Milton City of Normandy Park
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City of Normandy Park City of Pacific City of Renton
By: By: By: see attached
Date: SentembeT 10. 2013 Date: August 14,2013 Date:
City of SeaTac City of Tukwila Muckleshoot Indian Tnbe
l uzr
~
By: By: By: � J -
Date: August 27, 2013 Date: August 8,2013 Date: +3
King County
BY. '
Date:
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By: By: By.-
Date: Date: Date:
City of Pacific City of Rentont;�.�0:?'_�'., ,•, -, City of SeaTac
Y -
By: By-Denis: �asa, i�yor r r`: $y:
Date: s � Date:
ATTEST: 11��v/�`"44�';
Bonnie Wilton o-City Clerk
City of Tukwila Muckleshoot Indian Tribe King County
By: By: By:
Date: Date: Data:
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KING COUNTY iZOil"o,1'luut,Cnurlhrnise
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Signature Report
King County
December 17, 2013
Ordinance 17722
Proposed No.2013-0503.2 Sponsors Phillips
1 AN ORDINANCE relating to the SeaShore Transpoitation
2 Forum.the Eastside Ftanspoitation Partnership and the
3 South County Area Transportation Board; authorizing the
4 executive to enter into agreements for thew continuation
5 and conunittrng to King County Staff Support through 2017.
6 STATEMEN f Oh PACTS:
7 1 Kin, County and tire cities in King County halve a long history of
8 nniltijurisdietional transportation planning and ha-,e found that benefits
9 can be achieved by nuilUlol isdicuonal cooidination, including a
10 cooperative approach to planning, financing and construction of needed
11 transportation impiONenients
12 2. [lie SeaShoic Transpoitation Forum. the Eastride'rransportation
13 Partnership and the South County Area Transpoitation Board have serticd
14 as important forums for information sharing, consensus building and
15 cooidination to develop teconiniendations iin transportation policies.
16 projects and progiams for King County and the region.
17 3. Lii_h of thetic fnrtitns has formed cffecti-,e partnerships to meet the
18 gro\Nin,, need for transpoitation set vices and flcilities throughout the
19 county.
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Ordinance 17722
20 4. Each of these li,)tums is e\pected to continue to proN ide %aluable input
21 on numetous pohc\. planning and implementation decisions
22 BL- IT ORDAINED BY FHE COUNCIL UI KING COUiTY:
23 SLC HON 1 The executive is herebN authouzed to execute agreements.
24 sub,,tantially in the form of Attachments A. B,and C to this ordinance, for the SeaShore
25 Trawportation Forum. the Uiastside Transportation Pnrtne1Ship, and the South County
26 Area Transportation Board. respecti\el\. The agicentents.
27 A Commit to stall Support lur their continuation through 2017.
28 B. C'onin m the liuunis' responsibilitN to provide ads ice to King County on Metro
29 transit planning. development and Implementation of products and ser\ices; and
30 C. Ackno%\ledUe the role of the SeaShoic fransportcttion 1'ORIm. the Lastside
31 Trampoitation Parinei%hip and the South County Area I ranspoitation Boaid in pro,iding
c
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Ordinance 17722
32 advice to Sound Transit, the Pu.get Sound Regional Council, the Washin�oton state
33 Department of Transportation and other tianmportation bodies.
34
Ordinance 17722 was introduced on 12/2/2013 and passed by the Metropolitan King
Comity Couned on 12/10112013. by the lblltm ing ',oie•
Yes 3 - Ott. Phillips, Nh• kon Reichbauer. Mr Gossett. Ms Pattetum,
Ms. I anilmt tMi, Dunn.A \kDerniott and \It. Ocmhkmski
No 0
Excused l -Ms. Hague
KING COUNTY COUNCIL.
KING COUN rY, WASHINGTON
i% GosscttChin-
.,a — --
rF r -
- Y
Anne Nni is.Clerk of the Council ' r
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APPROVED this21 da} n tpx, 2013.
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DOR Constantine.County L-weume
Attachments: A Seashore Transportation hnnun Agreement. 13 Eastiide I rmigportation Partnership,
C.South County Area 1 ransponation Board Agreement
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7 South County Area Transportation Board
MS KSC-TR-0814
201 South Jackson Street
Seattle,WA 98104-3856
Phone (206)477-3800 Fax (206)684-2111
January 21, 2014 RECEIVED
A h 2
The Honorable Suzette Cooke 201
Mayor, City of Kent
WT
220 4th Avenue S CITY CLERK a
Kent. WA 98032
Dear Mayor Cooke.
In July of 2013, the South County Area Transportation Board (SCATBd) authorized a new
agreement to continue the activities of the Forum through 2017. The authorized agreement
was sent to the signatory parties for individual approval and signature. We now have
approval and signatures from all signatory parties, indicating a fully executed agreement. A
copy of the final SCATBd Agreement is enclosed for your records.
Thank you for your continued cooperation in this effort to increase regional coordination and
communication. We anticipate many challenges in the next few years, and look forward to
your involvement and assistance Please feel free to contact us if you have any questions.
Sincerely,
MGLItGtL %JMVAA
Marcie Palmer Bill Peloza
Chair, SCATBd Vice-Chair, SCATBd
Enclosure: 2014 SCATBd Agreement
cc: Ronald Moore, City Clerk, City of Kent