HomeMy WebLinkAboutContract Eastside Transportation Partnership CAG-17-227
Parties to Agreement
City of Bellevue
City of Bothell
City of Issaquah
City of Kenmore
City of Kirkland
City of Mercer Island
City of Newcastle
City of Redmond
City of Renton
City of Sammamish
City of Woodinville
King County
Small Cities
Town of Beaux Arts Village
City of Clyde Hill
Town of Hunts Point
City of Medina
Town of Yarrow Point
Snoqualmie Valley Cities
City of Carnation
City of Duvall
City of North Bend
City of Snoqualmie
Transmitted to parties for approval and signature on October 13, 2017.
THIS AGREEMENT is made and entered into by and among the CITY OF BELLEVUE, hereafter
known as `Bellevue"; the CITY OF BOTHELL,hereafter known as"Bothell"; the CITY OF
ISSAQUAH, hereafter known as "Issaquah"; the CITY OF KENMORE,hereafter known as
"Kenmore";the CITY OF KIRKLAND,hereafter known as "Kirkland"; THE CITY OF MERCER
ISLAND, hereafter known as"Mercer Island";the CITY OF NEWCASTLE,hereafter known as
"Newcastle"; the CITY OF REDMOND, hereafter known as "Redmond"; the CITY OF RENTON,
hereafter known as"Renton"; the CITY OF SAMMAMISH, hereafter known as"Sammamish";the
CITY OF WOODINVILLE, hereafter known as "Woodinville"; KING COUNTY, a legal subdivision of
the State of Washington, hereafter called"King County"; the TOWN OF BEAUX ARTS VILLAGE,
hereafter known as `Beaux Arts"; the CITY OF CLYDE HILL, hereafter known as "Clyde Hill"; the
TOWN OF HUNTS POINT,hereafter known as "Hunts Point"; the CITY OF MEDINA,hereafter
known as "Medina"; the TOWN OF YARROW POINT, hereafter known as "Yarrow Point"; the CITY
OF CARNATION,hereafter known as "Carnation"; the CITY OF DUVALL, hereafter known as
"Duvall"; the CITY OF NORTH BEND,hereafter known as "North Bend"; the CITY OF
SNOQUALMIE, hereafter known as "Snoqualmie"; as members of the Eastside Transportation
Partnership;
WHEREAS,the parties to this agreement recognize that multi jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS, the Eastside Transportation Partnership has served as the central forum for information
sharing, consensus building, and coordination to develop recommendations for transportation policies,
projects and programs for the area East of Lake Washington in King County;
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NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
1.0 Purpose of this Agreement
The purpose of this Agreement is to recognize the Eastside Transportation Partnership as the
transportation board for the area East of Lake Washington in King County 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 Eastside Transportation Partnership,
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.
2.2 Members with Limited Voting Rights: The Eastside Transportation Partnership may add members
with limited voting rights on the issues such as those listed below by unanimous vote of the parties to
the agreement 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 included in operating procedures to be adopted
by the Eastside Transportation Partnership.
2.3 Non-Voting Members: The Eastside Transportation Partnership may add non-voting members by
unanimous vote of the parties to the agreement at a regular meeting. The Eastside Transportation
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Partnership 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 Eastside '
Transportation Partnership.
3.0 Representation and Conduct
3.1 Re resentation of city and county members shall be as follows
Full Votin Members Number of Re resentatives
Bellevue 2
Bothell 2 '
Issa uah 2 '
Kenmore 2 '
Kirkland 2 '
Mercer Island 2
Newcastle 2 '
Redmond 2
Renton 2
Sammamish 2 '
Woodinville 2 '
Small Cities Coalition 2 (shared) ',
Beaux Arts
Clyde Hill '
Hunts Point
Medina
Yanow Point
Snoqualmie Valley Cities 2(shared) '
Carnation
Duvall
North Bend
Sno ualmie � �
King County 3
3.2 Elected officials shall be appointed to the Eastside Transportation Partnership 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 Eastside Transportation Partnership 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(s) '
and vice-chair(s) shall be elected per the operating procedures and shall be responsible for setting
meeting agendas, running meetings and any other activities identified in the operating procedures
5.0 Lead Agency
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' S.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
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- annual dues, and general administrative and program support for the Eastside Transportation
' Partnership. 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 shall,in its
'� sole discretion, determine the level of staffing available based upon funding.
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5.2 Lead Agency responsibilities may be limited to: maintaining Eastside Transportation Partnership
°' membership rosters and distribution lists; arranging for Partnership meetings, including scheduling,
� agendas and rooms; collecting, administering and disbursing Partnership dues; providing Partnership
' meeting support to the chair(s) and vice chair(s); attending Partnership meetings; and preparing
� Partnership meeting summaries.
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y 6.0 Financing and Cost Sharing Guidelines
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a6.1 Yearly Dues: The Eastside Transportation Partnership members shall pay a minimum$100 per
3 full voting representative in annual dues to remain 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 Eastside
.; Transportation Partnership and included in the operating procedures. Revenue from dues shall be used
� for special events, public education, or other expenses authorized by the Eastside Transportation
; Partnership. The designated Lead Agency shall not be required to pay yearly dues.
; 6.2 Annual Review of Financing: The Eastside Transportation Partnership shall determine by June
� 30 of each year whether additional annual dues above $100 per voting representative will be required of
; the Eastside Transportation Partnership member jurisdictions for the following year.
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� 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 deternuned 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.
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; 7.0 Withdrawal of a Party from this Agreement
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1 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(s) of the Eastside Transportation Partnership 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 Eastside Transportation Partnership 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
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than dues cease upon withdrawal.
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; 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. Should such an appropriation not
; be approved for a future year, a party may exercise its right to withdraw from the Agreement.
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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, 2019, 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 ternunation 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 terminated 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.
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s: 13.4 The provisions of this section shall survive and remain applicable to each of the parties
3 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 Modi�cations
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" 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
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a between the parties relating to the subject matter hereof and constitutes the entire agreement between the
� parties.
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' 14.2 This Agreement may be modified only by written instrument signed by all the parties hereto.
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15.0 Counterparts
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a The signature pages of this Agreement may be executed in any number of counterparts, each of which
� shall be an ariginal.
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� 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.For purposes of this
Agreement, a duly authorized electronic signature constitutes an original signature.
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City of Bellevue City of Bothell City of Issaquah
By: By: By;
Date: Date: Date:
City of Kenmore City of Kirkland City of Mercer Island
By' By: BY:
Date: Date: Date:
City of Newcastle City of Redmond City of Rento
Denis a y
By: By: By;
Date: Date: Date: � 2�
City of Sammamish City of Woodinville King County
By: By: By; '
Date: Date: Date:
Town of Beaux Arts Village City of Clyde Hill Town of Hunts Point
By: By: By:
Date: Date: Date:
City of Medina Town of Yanow Point City of Carnation
By: By: By:
Date: Date: Date: �
City of Duvall City of North Bend City of Snoqualmie
By: By: By:
Date: Date: Date:
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City of Bellevue :
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City of Bothell :,: A«,
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City of Issaquah
City of Kenmore ie°0 Letti."
City of Kirkland rt lea
City of Mercer Island
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City of Newcastle
City of Redmond
City of Renton
City of Sammamish .�
City of Woodinville
City of Newcastle
Small Cities:Town of Beaux Arts Village
Small Cities: Clyde Hill
Small Cities:Town of Hunts Point
Small Cities: City of Medina
Small Cities:Town of Yarrow Point
Snoqualmie Valley Cities:
City of Carnation
Snoqualmie Valley Cities: 6.'1(1 .)24City of Duvall �C�°[[ , (' akhM.
Snoqualmie Valley Cities:
City of North Bend
Snoqualmie Valley Cities:
City of North Bend
Snoqualmie Valley Cities:
City of Snoqualmie
King County