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r <br /> 5 <br /> provisions of the Governmental Accounting Act and RCW 43.09.210 as the same exists or <br /> shall hereafter be amended. In the event that any provision of this agreement is held to be in <br /> conflict with existing state statute or any future amendment thereof, such provisions shall be <br /> severable,and the remaining provisions of this agreement shall remain in full force and effect. <br /> 3. Obligations of the TBD. In accordance with the requirements of Chapter 36.73 RCW, <br /> Chapter 3.85 EMC,the TBD agrees to: <br /> 3.1 Provide to the City all funding received from any and all lawful sources, net <br /> administrative expenses, which the TBD in its sole discretion may levy for the purpose of making <br /> transportation improvements that preserve, maintain and improve the transportation infrastructure and <br /> related infrastructure of the City. <br /> 3.2 Continue the annual provision of funding for transportation <br /> improvements <br /> sn the TBD <br /> preserve, maintain and improve the transportation infrastructure of <br /> remains in existence. Such funding shall be in accordance with and limited by the provisions of <br /> Chapter 3.85 EMC and Chapter 36.73 RCW. <br /> 3.2.1 Shall hold public hearings prior to levying any charge, tax or fee and shall <br /> levy any charge,tax or fee only in accordance with law and ordinance; <br /> 3.2.2 Develop an annual work plan and designate projected street maintenance, <br /> preservation and improvement projects within City for funding; and <br /> 3.2.3 Pursuant to RCW 36.73.160(1), shall develop a material change policy to <br /> consider at a minimum the impacts and appropriate remedies if transportation improvements contained <br /> in its annual plan exceed its original cost by more than 20% In such case, the TBD shall hold a <br /> public hearing to solicit comment from the public regarding how the cost change should be <br /> resolved. The obligations of this agreement shall be interpreted and applied in a manner consistent with <br /> this adopted policy. <br /> 3.3 Undertake all other actions that may be required of the TBD by state law or local <br /> ordinance. <br /> 4. Obligations of the City.The City shall: <br /> 4.1 Provide staff support and other resources to the TBD. In consideration of the benefits <br /> derived by the City, overhead charges such as staff support as well as utilities, information <br /> technology, office supplies, equipment and other resources as agreed upon shall be a contribution of <br /> the City to the parties' joint goals and objectives and need not be directly charged to the TBD, unless <br /> otherwise required by law. Staff support provided may include the services of the Public Works <br /> staff, the City Attorney, the City Clerk when serving as Clerk of the TBD, the City's Finance <br /> Manager — Treasurer when serving as its Treasurer, City Council staff and other staff deemed <br /> necessary to implement the programs of the TBD. <br /> R1 <br />