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HomeMy WebLinkAboutTrans 2012-07-16 Item 3B - SCATBd - 2009-2012 Agreement16584 Attachment A 2009 -2012 Agreement for the 2UU92M ;J 6 South County Area Transportation Board 5 Parties to Agreement City of Algona City of Renton City of Auburn City of SeaTac City of Black Diamond City of Tukwila City of Burien King County City of Covington Muckleshoot Tribe City of Des Moines Pierce County City of Enumclaw Pierce Transit City of Federal Way Port of Seattle City of Kent Puget Sound Regional Council City of Maple Valley Sound Transit City of Milton Transportation Improvement Board City of Normandy Park Washington State Department of Transportation City of Pacific Washington State Transportation Commission Transmittal date to participating members for approval: December 30, 2008 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 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 TRIBE; KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter called "Pierce County; the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit PIERCE TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called "WSDOT the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the "Transportation Commission the TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB and the PORT OF SEATTLE. 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 (SCATBd) has effectively 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 Subarea; and 46 Attachment A 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, called 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 Sound Transit plans and implementation of projects and services; and WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented on the attached map (Exhibit A); 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 provide for the continuation of the South County Area Transportation Board (SCATBd) as the South forum for local governments to share information, build consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on plans, programs, policies and priorities for regional transportation decisions. 2.0 Role of Subarea Transportation Boards 1. The South County Area Transportation Board (SCATBd) is the forum established for the South subarea of King County for elected officials to provide advice into the following decisions: a. The King County Metro six -year transit development plan and implementation of transit service priorities. b. Sound Transit plans and implementation of projects and services. 2. The SCATBd may also provide input on other countywide and regional transportation issues. 3. The three subarea transportation boards shall hold at least one joint meeting annually to address issues of mutual interest and concern and promote regional decisions. 2 47 Attachment A 3.4 Voting and Non voting Members 3.1 The voting members of SCATBd and their voting_ rights shall be as follows: Voting Members Number of Reps. Voting Rights Sound Metro Transit` Regional Other" Transit Competition Algona 1 Yes Yes Yes f Yes Auburn 1 Yes Yes Yes Yes Black Diamond I f No Yes Yes Yes Burien 1 Yes Yes t Yes Yes Covington 1 No Yes Yes Yes Des Moines 1 Yes Yes Yes Yes Enumclaw 1 No Yes Yes Yes Federal Way 1 Yes Yes Yes Yes King County 3 Yes Yes Yes Yes Kent 1 Yes Yes Yes Yes Maple Valley 1 No Yes Yes Yes Milton 1 Yes Yes Yes Yes Muckleshoot Tribe I Yes Yes Yes Yes Normandy Park 1 Yes Yes Yes Yes Pacific 1 Yes Yes Yes Yes Renton 1 No Yes Yes* Yes SeaTac 1 Yes Yes Yes Yes Tukwila 1 Yes Yes Yes Yes Pierce County 1 No No No Yes 3.2 The non voting members of SCATBd shall be as follows: Non Voting Member Number of Representatives Sound Transit 1 PSRC 1 WSDOT 1 TIB 1 Pierce Transit 1 Port of Seattle 1 Washington State Transportation Commission 1 Private sector representation (if approved by SCATBd) 1 'Recommendations on Sound Transit capital and service plans and implementation Z Recommendations on Metro Transit service plans 3 Identification of projects for the regional competition, if prescribed by the process approved by the King County members of the Transportation Policy Board *projects in Renton south of the Cedar River) Other recommendations including: Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and analyses conducted; on criteria; on funding policies; and on regional priorities. Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations from commissions; and on transportation budgets and priorities. Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on tolling; on transportation demand management; on Commute Trip Reduction; on active traffic management; and on state transportation plans. Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding. Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities. 3 48 Attachment A 3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound Transit capital and service plans and implementation, Metro Transit service plans, and identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction. 4.0 Representation and Conduct 4.1 The representation on the South County Area Transportation Board (SCATBd) shall be as follows: 1. Elected officials appointed for a one -year term from each of the participating counties and cities, in the number specified above. King County representation shall be a maximum of two Councilmembers and the King County Executive or his designee. 2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King subarea board member of Sound Transit; the Director of the TIB; and a representative designated by the Washington Transportation Commission. 3. A representative of a private sector group or groups as determined by SCATBd. 4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its representatives and alternates and provide the appropriate contact information for each. 4.4 The SCATBd will be responsible for overall program direction, approving Technical Advisory Committee recommendations and providing direction for input on transportation decisions. 4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and modifications to such bylaws and rules will not alter this Agreement. 4.6 The SCATBd may establish subcommittees as it determines appropriate. 4.7 With a simple majority of voting members as shown in Section 3. 1, the SCATBd can adopt resolutions, authorize correspondence, request studies, or provide other advisory input to member jurisdictions or regional and state activities, including plans policies, programs, projects or legislative issues. 4.8 Any voting member may request that a minority statement be included in communications or otherwise distributed with the adopted majority position. 5.0 Chair and Vice Chair 5.1 The chair and vice chair of SCATBd shall be representatives of a member county or city located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a majority of the voting representatives from jurisdictions within the subarea's geographic boundaries. 5.2 The chair and vice chair shall be nominated by a nominating committee established in November of each year and nominated in December of each year. F 49 Attachment A 5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of the following year. 5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair opportunity for discussion, signing correspondence, and speaking on behalf of the SCATBd. 6.0 Technical Advisory Committee (TAC) 6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute such staff as is necessary to accomplish the work program adopted by the SCATBd. 6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the SCATBd and their respective members on emergent transportation issues, and be responsible for overall program development including drafting of the work program. The TAC shall also review consultant work and coordinate its activities with adjacent jurisdictions, including the other subarea transportation forums. 6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present. If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members may present discussion questions or a dissenting opinion to the SCATBd for consideration. 7.0 Lead Agency 7.1 King County will be the lead agency for the purposes of receipt of funds, contract administration, and disbursement of funds associated with consultant contracts and study related expenses. King County shall appoint a staff member to serve as Project Manager for special projects. King County shall also provide general administrative and program support for the SCATBd. King County assumes wage and benefits cost of its staff performing Lead Agency responsibilities. 7.2 Lead Agency responsibilities include administrative and technical support for meetings and ongoing operations; collection, administration and distribution of dues; support to the chair and vice chair; preparation of correspondence and other materials; development and monitoring of work program; and coordination of consultant services or other special projects as directed by the SCATBd. 8.0 Annual Work Program The SCATBd may undertake activities consistent with its purposes and shall prepare an annual progress report and work program for the following year for submittal to its members. 5 m Attachment A 9.0 Financing and Cost Sharing Guidelines 9.1 Yearly Dues Each member city will contribute $100.00 annually per vote awarded 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, including an annual joint meeting of the subarea transportation boards, public education, or other expenses authorized by the SCATBd. 9.2 The following guidelines shall generally apply: 1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether an additional financial contribution will be requested of the SCATBd jurisdictions. 2. Voting Members: If additional financial contributions are determined to be necessary, costs shall be shared among member jurisdictions other than King County by a method as determined by action of the SCATBd. 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. 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 (3 0) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any 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. 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 all the tasks have been completed to the satisfaction of the SCATBd or until such time as the participating members choose to conclude the program for other reasons, but in no case shall the program extend beyond December 31, 2012, unless terminated earlier or extended in accordance with 0 RE Attachment A Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31, 2014. 12.0 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 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 Sections 11.0 or 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 Sections 11.0 or 12.0, 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 original contribution. 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 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. 16.3 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. VA 52 Attachment A 16.4 The provisions of this Section 16 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. 17.2 This Agreement may be modified or extended only by written instrument signed by all the parties or extended only by written instrument signed by all the parties hereto. 18.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. 53 Attachment A IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer )r representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond B By: By: Date: Date: Date: City of Burien City of Covington r City of Des Moines B By: By: Date: Date: Date: City of Enumblcaw City of Federal Way City of Kent B By: By: Date: Date: Date: City of Maple Valley r City of Milton City of Normandy Park B B By: Date: Date: Date: City of Pacific City of Renton City of Sea Tac B B By: Date: Date: Date: City of Tukwila King County r Muckleshoot Tribe B B By: Date: Date: Date: r Pierce County Pierce Transit Port of Seattle B By: By: Date: Date: Date: Puget Sound Regional Council Sound Transit Transportation Improvement Board B By: By: Date: Date: Date: Washington State Department of r Washington State Transportation Transportation Commission B By: Date: Date: I 54 55