HomeMy WebLinkAboutRes 1747 - Support King County-Cities Climate CollaborationCity of Tukwila
Washington
Resolution No. 1747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, SUPPORTING THE KING COUNTY -
CITIES COLLABORATION TO CREATE A REGIONAL NETWORK
OF LOCAL GOVERNMENTS DEDICATED TO SHARING
RESOURCES TO ADDRESS THE ISSUES OF CLIMATE
CHANGE AND SUSTAINABILITY.
WHEREAS, the City of Tukwila, King County and the undersigned cities of King
County, wish to work together to directly respond to climate change and reduce global
and local sources of climate pollution; and
WHEREAS, we believe that by working together we can increase our efficiency and
effectiveness in making progress towards this goal; and
WHEREAS, we are interested in achieving this goal in a way that builds a cleaner,
stronger and more resilient regional economy; and
WHEREAS, we are interested in focusing on local solutions to leverage and partner
with related collaborative efforts; and
WHEREAS, partnering on sustainable solutions will advance progress towards
cities' environmental, climate change, and energy goals such as those adopted by the
nearly half of King County cities that have signed on to the U.S. Conference of Mayors
Climate Protection Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Tukwila agrees to participate in this effort and collaborate
regionally with our county and city partners to develop and coordinate the following:
• Outreach: Develop, refine, and utilize messaging and tools for climate change
outreach to engage decision makers, other cities, and the general public.
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• Coordination: Collaborate on adopting consistent standards, benchmarks,
strategies, and overall goals related to responding to climate change.
• Solutions: Share local success stories, challenges, data and products that
support and enhance climate mitigation efforts by all partners.
• Funding and resources: Collaborate to secure grant funding and other shared
resource opportunities to support climate related projects and programs.
Section 2. Upon signature of an Interlocal Agreement between the City of Tukwila,
other participating King County cities, and King County, the City of Tukwila will
participate and contribute to the King County- Cities Climate Collaboration by dedicating
staff and a financial contribution as outlined in the Interlocal Agreement.
PASSED BY THE CITY COUNCIL QF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this / ci day of ,.-�i` e,y% bi .— , 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS !a;Z��,' M BY:
Ker ity Attorney
Attachment: Interlocal Agreement
IIL
AII'-•Tir "berg, ' •uncil Preside
Filed with the City Clerk:
Passed by the City Council: 0) - /9 -//
Resolution Number: / ') 4 ?
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11-127
Approved by Res. #1747
INTERLOCAL AGREEMENT FOR CLIMATE COLLABORATION
This Agreement "Agreement is entered into pursuant to Chapter 39.34 RCW among
participating Cities of King County, (hereinafter referred to as the "Cities and King County,
(hereinafter referred to as the "County 201 S. Jackson, Suite 701, Seattle, WA 98104
(collectively, "the Parties Chapter 39.34 RCW.
Whereas, we, King County and the undersigned Cities of King County, wish to work together to
directly respond to climate change and reduce global and local sources of climate pollution;
Whereas, we believe that by working together we can increase our efficiency and effectiveness in
making progress towards this goal;
Whereas, we are interested in achieving this goal in a way that builds a cleaner, stronger and more
resilient regional economy;
Whereas, we are interested in focusing on local solutions to leverage and partner with related
collaborative efforts;
Whereas, partnering on sustainable solutions will advance progress towards Cities' environmental,
climate change, and energy goals such as those adopted by the nearly half of King County Cities that have
signed on to the U.S. Conference of Mayors Climate Protection Agreement;
NOW, THEREFORE, the Cities and King County mutually agree as follows:
1. Purpose and Scope of this Agreement
1.1 The purpose of this Agreement is to outline responsibilities and tasks related to the County
and Cities that are voluntarily participating in the King County- Cities Climate
Collaboration. The Parties will develop and coordinate on the following efforts:
(a) Outreach: Develop, refine, and utilize messaging and tools for climate change
outreach to engage decision makers, other cities, and the general public.
(b) Coordination: Collaborate on adopting consistent standards, benchmarks,
strategies, and overall goals related to responding to climate change.
(c) Solutions: Share local success stories, challenges, data and products that support
and enhance climate mitigation efforts by all partners.
(d) Funding and resources: Collaborate to secure grant funding and other shared
resource opportunities to support climate related projects and programs.
1.2 It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede
the authority or role of any individual Party.
1.3 All tools, outreach materials, data, collaborative efforts, and other resources that are
developed as part of this Agreement are optional for Cities and King County to adopt or
utilize.
2. Organization
2.1 Each Party shall appoint one designee and an alternate to serve as its representative.
Upon the effective execution of this Agreement and the appointment of designees and
alternate designees for each Party, designees shall meet and choose, according to the
voting provisions of this section, representatives to serve as Chair and Vice Chair to
oversee and direct the activities associated with meetings including the development of
the agendas, running the meeting and providing leadership.
2.2. No action or binding decision will be taken without the presence of a quorum of active
designees or alternates. A quorum exists if a majority of the designees present at the
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meeting. Each designee shall have an equal vote, with a supermajority vote of 75% of all
designees being required to approve the final scope of the collaboration program or
amend the scope. Any vote to increase the amount of funding required by each Party,
however, shall only be binding on those who specifically agree to such increase.
2.3 Designees shall have the authority and mandate to administer the Tasks outlined in
Section 3.
2.4 Designees may approve a Request for Qualifications (RFQ) to secure a vendors or
consultants needed to accomplish any Task, and shall interview one or more applicants
and make an appointment provided sufficient funds are available.
2.5 Designees shall meet and report on a quarterly basis to ensure that Tasks are efficiently,
effectively and responsibly delivered in the performance of this Agreement, including the
allocation of resources.
2.6 Designees shall develop an initial annual work plan and budget which will be finalized
within one month of approval of the Agreement by the Parties. Subsequent annual work
plans will be developed and approved on or before the anniversary of the adoption of the
first years' work plan in conjunction with budget planning for consideration and adoption
by the Parties' legislative bodies.
2.7 If direct payment in support of the annual work plan, such as for consultant services or
hiring staff, can be arranged by participating Cities, this is preferred. If direct payment
occurs, these funds will be accounted for towards that city's contribution. If this is not
possible, funds collected from any source on behalf of the Parties shall be maintained in a
special fund by the County as ex officio treasurer on behalf of the Collaboration. The
County shall also serve as the contractual agent for the Parties in acquiring any serviced
needed to complete Tasks of the Agreement.
3. Tasks
3.1 Climate Collaboration Work Plan.
Finalize the Scope of Work for this King County- Cities Collaboration consistent with this
Agreement. This will take place after commencement per Section 5 of this Agreement
and is funding- dependent.
3.2 Sustain the King County Cities Climate Collaboration (Budget $10,000)
Pay necessary expenses to support expansion of the King County SWD GreenTools
Roundtable program to include every other -month forums on climate related
sustainability issues. The Roundtables will be held at various venues throughout King
County and topics will focus on the collaborative actions highlighted in the King County
Cities Climate Pledge: outreach, coordination, solutions, funding and resources. Speakers
will include King County and City staff and other invited partners.
3.3 Hire a staff member, partial staff member, or consultant to support achieving the
priorities identified in the King County- Cities Climate Pledge (Budget $9,000 480,000
depending on commitments made)
(a) The staff member will help lead implementation of the King County- Cities Climate
Collaboration initiatives, including but not limited to: sustainable transportation;
clean fuel vehicles; community energy retrofits; renewable energy projects;
community outreach; and other topics defined and agreed upon in the final Scope of
Work or annual Work Plans. Staff could develop and implement a general
countywide program that supports City sustainability projects or programs. Staffing
options include hiring a part- to full -time staff from King County or a participating
King County City to lead the effort
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(b) Products that will be developed, to be clarified in the process of finalizing the Scope
of Work, and dependent on funding, include:
1. Directory of local climate solutions related resources to include:
a. County technical expert pool. A list of relevant County technical
experts on staff that already support city sustainability projects
and programs. This could be expanded with mechanisms for
cities to directly contract with County staff to support
implementation of specific projects and programs.
b. Technical experts from all participating jurisdictions that could
help support other cities' efforts, share local success stories, or
potentially be contracted out to work with other cities.
c. Technical experts from academia, research institutions, utilities
and other organizations.
d. List of consultants with local experience and expertise on a
diverse range of climate and sustainability related functions.
Best practices and lessons learned from relevant local projects
and programs.
2. Symposium for city and County staff focused on local climate solutions.
3. Forum for all local technical experts a broader group than those
engaged in the King County- Cities Climate Collaboration to share
information and best practices
4. Opportunities for local governments to increase understanding and gather
information on specific climate change mitigation efforts.
5. Other products as defined and agreed upon in the process of finalizing
the Scope of Work, provided they are consistent with the King County-
Cities Climate Pledge and focused on sustainability and climate change
related outreach, coordination, solutions, or funding and resources.
4. Funding
4.1 The minimum required financial contribution for each King County City to participate in
this Agreement is shown below. In no event shall the Cities be responsible for amounts
incurred by King County in excess of what is set forth in this Agreement without an
amendment according to the terms hereof.
4.2 To the extent this Agreement is renewed annually, the Parties shall update the work plan
and contribute funds to King County for estimated costs, as described below, in advance
of services provided. Any funds not used in any given year will be used in the execution
of the following year's Work Plan or refunded, on a proportional basis based on initial
contributions, within forty-five (45) days in the event of a Party's termination of this
Agreement.
4.3 The Parties represent that funds for service provision under this Agreement have been
appropriated and are available. To the extent that such service provision requires future
appropriations beyond current appropriation authority, the obligations of each Party are
contingent upon the appropriation of funds by that Party's legislative authority to
complete the activities described herein. If no such appropriation is made, the Agreement
shall terminate as to that Party provided the Party provides notice of termination prior to
the other parties prior to the adoption of the annual work plan per Section 2.6.
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Population
Categories:
Under
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M.
Beaux Arts Village I
HUMS Poirot I
I Milton I
I Ya rrow Point I
Carnation I
Medina I
Clyde Hill I
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Black Diamond I
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North Bend
Normandy Park
Pacific I
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I Newcastle I
Enumclaw
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Woodinville I
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Bothell I
Covington
I Tukwila
Ponutation
Level 1
198
299
394
63:1
1+1
1,786
2,969
2,984
3,014
4,151
Level 2
5,731
6,335
6,514
6,695
10,380
10,669
10,670
111
12,598
17,090
17,.575
19,107
Pooulation
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Maple Valley I
Mercer hAand I
SeaTac
Des: Moines
Issaquah I
Burien I
$2 O
Sammamish
Kirkland I
Shoreline I
Redmond I
Auburn I
$2,500
Federal Way I
Renton I
Kent I
Bellevue I
S,0tt
Seattle I
10 00
Pooutation
Level 3
20,460
22,694
22,699
2 6 ,909
29,673
30,434
3;3,313
Level
45,780
48,787
53,007
54,144
62,751
Level 5
89,306
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92,411
122,363
Level 6
608,650
Level 7
fVote: Popul atfon datao frram the Puget Sound Regro not Cnunc #1's down 14 aadof 201 a CEn5us data
5.
6.
7.
Duration
This Agreement is effective upon execution by King County and a minimum of eight King
County Cities which will contribute at least $9,000 total, after approval by the legislative body of
each Party. The Agreement will be posted on the web site of each Party after authorization in
accordance with RCW 39.34.040. and .200. The Agreement will have a term of one year and will
automatically renew each year unless terminated as provided in Section 7.
Latecomers
Non -party King County cities may opt into this Agreement at any time. If cities join after an
annual work is finalized, they will pay a pro -rated amount, calculated as the preceding year's
annual financial contribution for that jurisdiction multiplied by the percentage of the remaining
time in the year.
Termination
7.1 In addition to termination for lack of appropriation under Section 5, a Party may end its
participation in this Agreement upon written notice to the other Parties prior to October
1 st to be effective at the end of the calendar year. Except as set forth in 7.2, no refunds
will be paid to individual Parties who terminate.
7.2 In the event of individual terminations that result in fewer than eight remaining City
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participants, this Agreement shall be deemed terminated and all funding remaining after
all services, fees and costs incurred to that date are paid, shall be returned by King
County to the remaining participants pro rata based on their original relative contribution
amounts. Such payment shall be made within forty -five (45) days of the termination
date.
1 1 11
0
10.
11.
12.
Communications
The following persons shall be the contact person for all communications regarding the
performance of this Agreement.
King County
Matt Kuharic
King County Department of Natural
Resources and Parks Director's Office
201 South Jackson, Suite 701, Seattle,
98104
Phone: 206 296 -8738
E -mail address:
matt.kuharicgkingcounty.gov
Indemnification
City of Tukwila
Brandon Miles
Community Development Department
WA 6200 Southcenter Boulevard
Tukwila, WA 98188
Phone: 206-431-3684
Email address:
Brandon.Milesna,TukwilaWA.gov
To the extent permitted by state law, and for the limited purposes set forth in this Agreement,
each Party shall protect, defend, hold harmless and indemnify the other Parties to include the
officers, employees, agents and contractors of the Party, while acting within the scope of their
employment as such, from and against any and all claims (including demands, suits, penalties,
liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or
in any way resulting from such Party's own negligent acts or omissions, torts and wrongful or
illegal acts related to such Party's participation and obligations under this Agreement. Each Party
agrees that its obligations under this subsection extend to any claim, demand and /or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that
would otherwise be available against such claims under the industrial insurance act provisions of
Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to
Parties exercising the right of termination pursuant to this Agreement.
In no event do the Parties intend to assume any responsibility, risk or liability of any other Party
or otherwise with regard to any Party's duties or regulations.
Compliance with All Laws and Regulations
The Parties shall comply with all applicable local, state, and federal laws, regulations and
standards necessary for the performance of this Agreement.
Non- exclusive Program
Nothing herein shall preclude any Party from choosing or agreeing to fund or implement any
work, activities or projects associated with any of the purposes hereunder by separate agreement
or action.
No Third Partv Rights
Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights
in any third party, or to form the basis for any liability on the part of any Party, or their officers,
elected officials, agents and employees, to any third party.
Page 5
13. Amendments
14.
15.
16.
17.
This Agreement may be amended, altered or clarified only the unanimous consent of the Parties
represented by affirmative action of their legislative bodies.
Entire Agreement
This Agreement is a complete expression of the intent of the Parties and any oral or written
representations or understandings not incorporated herein are excluded.
Waiver
Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of
breach of any provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the Parties which shall be attached to the
original Agreement.
RCW 39.34 Reauired Clauses
a) Purpose. See Section 1 above
b) Duration. See Section 5 above.
c) Organization of separate entity and its powers. No new or separate legal or administrative
entity is created to administer the provisions of this Agreement.
d) Responsibilities of the Parties. See provisions above.
e) Agreement to be filed and recorded. The City shall file this Agreement with its City Clerk.
The County shall place this Agreement on its web site. The Agreement shall also be recorded.
f) Financing. Each Party shall be responsible for the financing of its contractual obligations
under its normal budgetary process.
g) Termination. See Section 7 above.
Counterparts
This Agreement may be executed in counterparts.
The persons signing below, who warrant they have the authority to execute this Agreement.
By:�
Dow Constantine
King County xecutiye
Date: L4 I a 2
By A I
Ji gerton r
it f Tuk a
Date:
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