HomeMy WebLinkAboutTrans 2013-07-23 Item 2F - Agreement - South County Area Transportation Board190a'
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: July 19, 2013
SUBJECT: SCATBd Agreement
ISSUE
The South County Area Transportation Board (SCATBd) has approved the attached
draft SCATBd Agreement with a minor amendment.
BACKGROUND
As reflected in the previous SCATBd meeting summaries, the draft SCATBd Agreement
has been thoroughly vetted by the Board and is now ready for Tukwila Council approval.
ANALYSIS
The new agreement theme was to get the transportation board agreements into
alignment and allow specific differences to be placed into the Procedure document
(By- laws). The new SCATBd agreement now has a procedure for adding or
removing non - voting members by unanimous vote by the Board.
RECOMMENDATION
The Council is being asked to authorize Tukwila's SCATBd representative to sign the
SCATBd agreement and consider this item on the Consent Agenda of the August 5,
2013 Regular Meeting.
Attachment: South County Area Transportation Board Agreement
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Attach r ent B
DRAFT
July 16, 2013 Draft South County Area Transportation Board Agreement
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 Renton
City of SeaTac
City of Tukwila
City of Pacific
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 COVINGTON, hereafter call "Covington"; the CITY
OF DES MOINES, hereafter call "Des Moines"; the CITY OF ENUMCLAW, hereafter call
"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 RENTON, hereafter called "Renton "; the CITY OF SEATAC,
hereafter called "SeaTac "; the CITY OF TUKWILA, hereafter called "Tukwila "; the CITY OF
PACIFIC, hereafter called "Pacific"; 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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July 16, 2013 Draft South County Area Transportation Board Agreement
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 info ation, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
2.0 Members and Voting
M bers shall have full voting rights, Y ited 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 othe ise noted, including:
1. Ad i 'nistrative issues, such additional members and use of dues
2. Reco endations to Sound Transit on policies and capital and service plans and
implementation.
3. Reco endations to King County on Metro Transit pia 'ng, development and ' pl entation
of products and services.
4. Identification of projects for the regional competition, if prescribed by the process approved by
the ° g County caucus of the Transportation Policy Board,
5. Reco endations to WSDOT on policies, progr s and projects.
6. Reco endations to the PSRC on plans, policies, progr s and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
7. Input to the State Legislature and co 'ttees and co *ssions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
8. Reco endations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related progr s.
2.2 Members with L' *ted Voting Rights: The South County Area Transportation Board may add
members with 'ted voting rights on the issues such as those listed below by una ous vote of
the parties to this agreement in attendance at a regular meeting.
I. Reco endations to WSDOT on policies, progr s and projects.
2. Reco endations to the PSRC on plans, policies, progr s and projects such as the
Transportation 2040 updates and regional funding policies, strategies or progr s.
3. Input to the State Legislature and co 'ttees and co 'ssions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
4. Reco endations 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 Co ty Area Transportation Board.
2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting
members by una ous vote of the parties to this agreement in attendance at a regular meeting. The
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DRAFT
July 16, 2013 Draft South County Area Transportation Board Agreement
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 cii Intl ount et members shall be as follows:
Full Voting Members Number of Re resentatives
City of Algona
of Aubum
City of Black Diamond
City of Burien
City of Covington
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 Renton
City of SeaTac
City of Tukwila
City of Pacific
Muckleshoot Indian Tribe
Kin Coun
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
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
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July 16, 2013 Draft South County Area Transportation Board Agreement
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.
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 mreFritative member 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 s prescribed d 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 representative membef 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.
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July 16, 2013 Draft South County Area Transportation Board Agreement
Each party's funding to perfo 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 gove ng bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
Dec ber 31, 2015, provided that unless te ated earlier in accordance with Section 9.0, this
Agreement shall be automatically extended upon the same te s or conditions for another te
co encing January I, 2016 and ending no later than December 31, 2017.
9.0 Termination
All parties to this Agreement must agree to te inate this Agree ent in order for such te nation to be
effective. If all parties desire to te inate this Agreement, they shall execute a Statement of
Te ation. Upon te ination, 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 Pr perty
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 te 'rimed 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 f e as this Agreement expires without being extended or revised, or is te nated in
accordance with Section 9.0, any unexpended and unco 'tted funds shall be distributed
proportionately to those p. 'es to this Agreement at the time of te ation based on each party's
percentage share of the total balance at the time of te ation.
12.0 Filing
This Agreement shall be filed with the King Co ty Depa ent 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 fo ed 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.
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July 16, 2013 Draft South County Area Transportation Board Agreement
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.
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
p hi, . lA .uy _ csi .
shall be an original. �"���r � , a�sp� �.�f thus A ar��rp�tx a drnj �� auto �l�red eB.ea,tron�ic �� n�aur� constitute
an iginal i mane:.
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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July 16, 2013
Note to SCATBd members: This is a first cut at revising the SCATBd
Procedures/By -laws. SCATBd members will have ample time to review, discuss
and revise this Procedures document.
SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
OPERATING PROCEDURES
(Adopted March 21, 1995)
Revised February 18, 2003
R.evised 2013
The purpose of these procedures is to guide the conduct of business of the South County Area
Transportation Board (SCATBd) and it's Technical Advisory Committee (TAC). These
procedures shall be reviewed and revised a wally as needed.
I. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd)
A. Mission: The Board shall serve as a South County forum for information sharing,
consensus building, and coordination to resolve transportation issues, identify
priorities, and promote transportation plans and programs that benefit the South
County area. (Mission Statement adopted January 16, 1996)
B. Goals: (Goals adopted July 19th, 1994, and subsequently amended)
Goal 1: Develop and promote a transportation system that will provide
personal mobility choices for South County residents consistent with
the transportation goals of the Growth Management Act and;
Goal 2 Develop and promote transportation and related actions that
accommodate economic development, through efficient movement
of people, freight and goods, within the South County and
contiguous areas.
C. Role: The SCATBd is the forum established for the South subarea -ef King County
area at which elected officials may provide input into the following decisions, and
such other transportation - related issues as the members determine=
pfejeet-seleetien
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July 16, 2013
planning -effeFt
D. Membership and Voting: Membership shall be extended to the following local
jurisdictions and agencies. The Board shall operate by consensus whenever possible,
but in those matters requiring a vote, voting shall be assigned as indicated below:
Yoting Members
Algona
Auburn
Non Votin
ort f Scattic
Puget Sound Regional Council
: - -
Covington
Des-N4eines
Enumclaw
Federal Way
Icein
Maple Valley
Milton
Muekleshoet-TFibe
Nefmandy-Per-k
Pacific
Renton
EeaTae
Tukwila
Sound Transit
7,11.51„„Y„.„„Prif tibriglights shall 11P...0,„ f91119vv,„1,
Full Voting IVIlendmrs.
,Num
F
and Dues
iSound
Transit'
911:11
Transit/
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BK92illinilVdttifir11,9 andpi i1.4114., • rY:ict
Recommendnons toK!n CounjMctro irano 91111PliciesagitCiRbiliPEO§SEYICPiritlPsARLIEIRknileinaTigii
!cf th ryon ornith1ok fr rnd h ces 19,Y.S.414
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gther reconynendationa, includim
Rd t cs to WSDOT orogralos act
ig„5c.„9ririRlSaC!4tI■P5,1q.thC„„„PSR,,g„„gtLWA!ll.PPliciqs_rt.m'io,FP„§.„„mc!..reig,q5„„,E4s,h„,,z!§„„„! Itar
"Lionel fending :pollicilijirgalu
2
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July 16, 2013
City of Aleona
Cat itApburn
C." I Black Dunond
C`
urien
oCovn
ofDes Mones
Cot of Enumclaw
o Te era
Cty Kent
e
Ye.
Yes
Yes
Yes
Yes
Milton
ormanth Park
ESTac
Yes
es
Yes
Ys
Ye.
Y s
Yes
Yes
Ycs
Yes
City of Pacific
Muckleshoot Indian Tribe
Kin Coon
Y s
Thciinii.t..94,Y049EANITIts_gs of
ElrnitcslYelina Milnbers Numbsumg
113g2L.
hc SIPP7YettiPli.
bPir§ 0.15
AT
Voting ighis
in hts shall be as foil ws:
Yes
Yes
nd Dues
No
.592tiryt
Transi
shall„be as follows:,
Non N tin ember N mber of JUe resentattives 1
Pisrsssit l
P tt f 'Seattle 1
a 1 —1
IPII2et Sound Rcv.na Council _
' h ound Charnses f Commerce Coalition
Sound Transit
-ton State D ont o 400 or
(Note: The Transportation Improvement Board and the Washington State Transportation
Commission has requested to drop their membership in SCATBd)
Corr "c n
Other lij. d voting and non-voting members may be added later as the Board determines. Each
limited v ting an la- n-voting member should appoint one representative and one alternate to the
Board. ine fin 'ted sting ne ber designated alternate may v te in lace of esi. lated liHted
voting representatives in the absence of the uesgnated limited v ting represent tive. For the citie3,
- ; - : : ; ; ; : : •
11.0,4.1.2111,q SIPIPL ..ls1011411;aa221111114.1celi...P.,0 .train!.911.4401129111c1.
Ptl.0 e!..91r4119„0,1l9s arl4
Recommendations to the f ea i delsotion on federral le WatioRancludilayeauthorization apt fundot fizijes and
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DRAFT
July 16, 2013
E. Officers
1. Chair: Responsible for 1) conducting and ensuring fair opportunity for
discussion, 2) signing correspondence and speaking on behalf of SCATBd, 3)
providing direction on agenda.
2. Vice - Chair: Responsible to act as chain in his/her absence.
3. Term of Office: One year from January. Elections in December
F. Meeting Schedule: The regular meeting date for SCATBd shall be the third Tuesday
of the month, from 9:00 a.m. to 11:00 a.m. in Kent. The meet Ong I ' c! ti n shall be
hel at an .ppr priatew l ion ith.n S , .th King County. The agenda package shall
-.. .._. f` the meeting (the
be distributed • �� �dvan�� o
. Adjustments to the regular meeting schedule and
meeting location shall occur as needed.
H. Board Actions Require a Quorum of RI il Voting Members :(A quorum is 40
aggspLpiquipliyoting members),,
ernefgpney-
1. Type of Actions Board Can Take: The Board may undertake activities
consistent with its purpose and shall prepare an annual work program for the
following year for submittal to its member jurisdictions by January 31 of each
year.
2. Type of Actions Board Cannot Take: The Board cannot take action to
approve/disapprove or adopt any position on behalf of member
jurisdictions/agencies without authorization to do so from those jurisdictions.
In issuing communication or statements, it should be made clear that the Board
is not acting on behalf of its member jurisdictions/agencies.
3. Schedule for Action Items: Action items will be presented at one meeting and
acted on at a second meeting unless three- quarters of the voting Board members .
present agree that the circumstances require action to be taken at that time
PROVIDED that there is a quorum of voting members (at least 50 percent plus
one).
4. Minority Statements: Any individual full voti' Board member or ii mited .
vctiniLmemberjufisdietieniagectey shall have the right at the time of the vote to
request that a statement of a minority position be included in Board
communications or otherwise distributed with an approved Board statement.
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DRAFT
July 16, 2013
I. Subcommittees of the Board: Subcommittees of the Board shall be established as
needed.
II. TECHNICAL ADVISORY COMMITTEE
A. Purpose: The TAC shall provide technical assistance as requested by the Board and
shall advise the Board on emergent transportation issues for the Board's
consideration includijairmipnal_prpiect _identification and opuntywidroiect
selection.
B. Membership: Each ScATBd member (fulL limited, or non Notimmembed
shall appoint an appropriate iivie§entatiye department
. .
tt ;
to the Technical Advisory Committee (TAC). Other
D. Chair:
; t t
III. OTHER
A. Standard Agenda: The SCATBd agenda shall follow this standard format unless
unusual circumstances require a different arrangement.
1. Call to Order
2. Approval of Minutes
3. Report of the Chair
4. Communications and Citizens' Requests to Comment
5. Major Agenda Topics
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July 16, 2013
B. Audience Co ents during Meetings: At the Chair's discretion, co ents may be
taken from the audience. The Chair should call on audience members wishing to
make co ents. SCATBd members can ask to have audience members speak.
Audience co ents should be li 'ted to two n,utes.
C. Distribution of Materials: Letters and doci ents may be distributed with the agenda
at the direction of the Chair as authorized by the policies and procedures of the
jurisdiction providing staff support.
D. Citizen Involvement: Interested citizen groups shall be placed on the distribution list
for Board meetings to ensure that those groups are kept info ed of Board activities.
:
:j4 .
- : •
:** " • ; " :
^ • ;
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July 16, 2013
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