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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.F.
For Meeting of: November 5, 2019
ITEM TITLE: Resolution authorizing a revised agreement with the Yakima Valley
Conference of Governments (YVCOG)for sharing Transit planning
information
SUBMITTED BY: David Brown,Acting Public Works Director
Alvie Maxey, Transit Manager, 576-6415
Greg Story,Assistant Transit Manager, 576-6422
SUMMARY EXPLANATION:
It is mandated and consistent with federal requirements to formalize the roles and responsibilities
of Yakima Valley Conference of Governments (YVCOG), Washington State Department of
Transportation (WSDOT) and City of Yakima Transit (Yakima Transit) in order to cooperatively
carry out their respective metropolitan and statewide transportation planning and programming
requirements to support regional and state transportation plan implementation.
Agreement YVCOG 314 (Agreement) is to memorialize a multi-agency cooperative planning
process and to satisfy the requirements of 23 CFR 450.314. The Agreement defines the
processes for cooperation, communication, and exchanging information among the Parties to
advance the metropolitan transportation planning processes. The Agreement further outlines the
responsibilities of Yakima Transit to share Transit-specific statistics, as requested by YVCOG.
YVCOG in turn is responsible to ensure that Yakima Transit has met its compliance requirements
and acts as an intermediary for Yakima Transit; allowing Yakima Transit to be eligible to receive
State and Federal funding through YVCOG for transportation projects. WSDOT is responsible
for administering federal pass through funds to YVCOG.
The term of the agreement is five (5) years and has been enclosed for City Council review. The
last agreement was approved by City Council and executed September of 2018. The
agreement executed September 2018 contained incorrect references to inapplicable statutes.
The proposed agreement is materially equivalent to the previous agreement with revisions to
correct references to inapplicable statutes.
ITEM BUDGETED:
STRATEGIC PRIORITY:
2
APPROVED FOR 2
SUBMITTAL: / __" Interim City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D RESOLUTION for Transit 314 Agreement 10,9/219 Resdutton
0 Transit 314Agreement 10,9/2019 Contract
3
RESOLUTION NO. R-2019-
A RESOLUTION authorizing a revised agreement with the Yakima Valley Conference of
Governments for sharing Transit planning information.
WHEREAS, the City's Transit division operates a public transportation service in
accordance with applicable Federal, State and Local regulations; and,
WHEREAS, the City's Transit division currently cooperates with the Yakima Valley
Conference of Governments to provide Transit statistics (including transit ridership, mileage,
hours, etc.) as required by State and Federal sources; and,
WHEREAS, the Yakima Valley Conference of Governments acts as an intermediary for
the City's Transit division by distributing State and Federal government funds to the City; and,
WHEREAS, the City's Transit division is required to establish this agreement with YVCOG
in order to maintain a "Good Standing" status to be eligible for current and future funding from
State and Federal sources; and,
WHEREAS, this agreement with YVCOG has been revised to make corrections to statute
references and remains materially equivalent to the agreement resolved September 18'h, 2018,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute this revised agreement to continue
cooperation between the City's Transit division and YVCOG for the purposes of Transit planning.
ADOPTED BY THE CITY COUNCIL this the 5'h day of November, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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AGREEMENT RELATING TO MUTUAL RESPONSIBILITIES
IN CARRYING OUT THE METROPOLITAN TRANSPORTATION PLANNING PROCESS IN THE
YAKIMA VALLEY CONFERENCE OF GOVERNMENTS METROPOLITAN PLANNING AREA
GCB 1370
This AGREEMENT is entered into by the Washington State Department of Transportation (WSDOT),
Yakima Valley Conference of Governments (YVCOG), and Yakima Transit, collectively referred to as
the "Parties" and individually as "Party" in this AGREEMENT.
RECITALS
WHEREAS, YVCOG as the Metropolitan Planning Organization (MPO) designated for the YVCOG
Metropolitan Planning Area (MPA), is charged with the responsibility of carrying out transportation
planning and programming processes that lead to the development and operation of an integrated,
intermodal transportation system; and
WHEREAS, WSDOT is the state highway agency as referenced in Title 23 C.F.R. and Title 49 C.F.R.
with the responsibility to preserve, manage, and operate the state-owned transportation system's
facilities and services including, but not limited to, highways, ferries, airports, and rail; and
WHEREAS, Yakima Transit is operated and maintained by a municipal corporation, the City of Yakima,
pursuant to RCW 35.58.2721, is the sole public transit operator within the MPA and a designated
recipient of federal transit funding within the Yakima, WA Urbanized Area (UZA); and
WHEREAS, the Parties desire to ensure a continuing, cooperative, and comprehensive transportation
planning process ("3-C" Process) for the YVCOG MPA that involves cooperation and coordination
between and among YVCOG, WSDOT, and Yakima Transit; and
WHEREAS, WSDOT is responsible for carrying out a statewide transportation planning processes as
defined by 23 C.F.R. § 450.206 and is the administrator of all federal planning funds received, or to be
received, for carrying out the planning processes as defined in 23 U.S.C. § 104(b)(D) and 49 U.S.C.
§ 5305(d); and
WHEREAS, WSDOT is responsible for delivering a federally compliant statewide transportation plan,
engaging in the Metropolitan and non-Metropolitan Planning processes by administering federal pass
through funds of the Federal Highway Administration (FHWA) and the Federal Transit Administration
(FTA) to the MPOs in Washington, including YVCOG; and
WHEREAS, it is mandated and consistent with federal requirements to formalize the roles and
responsibilities of YVCOG, WSDOT, and Yakima Transit in order to cooperatively carry out their
respective metropolitan and statewide transportation planning and programming requirements to
support regional and State Transportation Plan implementation; such cooperation being agreed and
understood in this AGREEMENT to mean where lawful, practicable, and in good faith.
NOW, THEREFORE, pursuant to the Washington Interlocal Cooperation Act, RCW 39.34, it is mutually
agreed as follows:
WSDOT Agreement GCB 1370 Page 1 of 12
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AGREE ENT
SECTION 1: PURPOSE
The purpose of this AGREEMENT is to memorialize a multi-agency cooperative planning process and
to satisfy the requirements of 23 C.F.R. § 450.314. The AGREEMENT defines the processes for
cooperation, communication, and exchanging information among the Parties to advance the
metropolitan transportation planning processes consistent with 23 C.F.R. Part 450 (Subpart C). This
AGREEMENT includes specific provisions for cooperatively developing and sharing of information
related to financial plans that support the Metropolitan Transportation Plan (MTP), the metropolitan
Transportation Improvement Program (TIP) as MTP and TIP are defined in 23 C.F.R. Part 450, and the
annual listing of obligated projects.
SECTION 2: AUTHORITY
2.1 Compliance with Applicable Laws and Regulations
YVCOG, WSDOT, and Yakima Transit shall comply with all applicable local, state, and federal laws and
regulations in effect at the time of execution of this AGREEMENT. Nothing contained herein shall
modify an existing duty or responsibility of any Party, except to the extent expressly set forth herein and
as permitted by law.
2.2 YVCOG
The Parties agree that YVCOG, a voluntary cooperative association administered by a joint board in
accordance with RCW 39.34.030, is the single MPO designated by the Governor of Washington for the
YVCOG MPA. YVCOG is organized through an Interlocal Agreement of its members, and is
responsible for fulfilling the federal metropolitan planning requirements as prescribed in the current
Federal Surface Transportation Act, 23 U.S.C. § 134, 23 C.F.R. Part 450, and 49 C.F.R. § 613.
2.3 Yakima Transit
Yakima Transit is operated and maintained by a municipal corporation, the City of Yakima, pursuant to
RCW 35.58.2721. Consistent with this authority, Yakima Transit is eligible for and receives funding from
the FTA.
2.4 WSDOT
WSDOT is the steward of a large and robust transportation system, and is responsible for ensuring that
people and goods move safely and efficiently. In addition to building, maintaining, and operating the
state highway system, WSDOT is responsible for the state ferry system, and works in partnership with
others to maintain and improve local roads, railroads, airports, and multi-modal alternatives to driving.
2.4.1 WSDOT tracks, reports, and manages its programs and projects according to the six (6)
transportation policy goals adopted by the Legislature in RCW 47.04.280. The six (6) policy goals are
safety, preservation, mobility (congestion relief), environment, stewardship, and economic vitality.
These goals are interdependent and support the overall vision for all transportation agencies in the
state (which includes WSDOT.)
SECTION 3: POLICY DEVELOPMENT AND REGIONAL COORDINATION
3.1 Scope of Metropolitan Transportation Planning Process
YVCOG, in cooperation with WSDOT and Yakima Transit, conducts a metropolitan planning process
that is continuous, cooperative, and comprehensive and provides for the consideration of projects,
strategies and services that will address the eight (8) planning factors as specified in 23 C.F.R.
§ 450.306 and FAST ACT national policy goals. This planning process will be carried out in
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coordination with the statewide transportation planning processes conducted bvVVSOOTao required bv
33 C.F.R. Part45O (Subpart E0 and49 U.S.C. § 5303.
3.2 YVCOG Board and Committee Structure
YVCOG operates through a board that has adopted bylaws establishing its officers, voting procedures,
cmnnnoitteee, public pmrticipotion, and related matters (YVC(]G Board or Board). VVSO(]T and Yakima
Transit participate ao voting members of the YVCC)GBoard.
3'2'1 `pVCOC3 has established a Board of Directors, the purpose of which is to hold meetings,
-appoint committees and task forces, and generally promote cooperative andcoordinatedtransport tra
nsportation
plan nin8/pnJg ram minQ processes, ƒoadopt aK8TP. to select and program transportation grant funds as
directed by federal and state law, and perform other duties pursuant to applicable federal and state
laws.
3.2'2 Such Board of Directors has established a Regional Transportation Advisory Committee
(RTAC), which coordinates and guides the Regional Transportation Planning (RTP) program in
accordance with Board policy. The RTP program includes those tasks t0carry-out 23 C.F.R. Part45O
(Subpart C), which include transportation policy development, the development of regional
transportation plans and the programming of transportation projects forfundinQ. Y\/CCJ{3ioresponsible
for coordination and administration of the RTAC. WSDOT and Yakima Transit agree to provide
information and updates to the RTACGbout their respective plans, studies, and programs.
3'3 YVCOG Unified Planning Work Program
On an annual or biennial basis, YVCOG develops a Unified Planning Work Program (UPWP) consistent
with 23C.F.R. Q45O.3O8. that describes, to the extent practicable, all major tranoportoUonmndre|Gted
public transportation planning activities in the K8PA for the next one (1) or two (2) year period. The
UPVVP shall include abud8et that outlines YVC[)G'8 work activities tobe conducted, the schedule for
completion and the work to be produced to carry-out the yWPO's duties under 23 C.F.R. Parl:450
(Gubp8rtC}).
3'3'1 Between January and May of each year, or every other year, YVCOG, in cooperation
with VVSO[)T. \'akinnG Tn3nsit, and
the |Ooa|jurisdictions and other members ofY\/CC)G' will prepare
theUPVVPaareqUiradby23C.F.R|. Q45O.3O8. ThexvnrkpnJgr@nnvvi|| bereviexv9dbythe RTAC,
distributed for public review consistent with theYVCC)G Public Participation P|an, and approved by the
YVC[)G Board. The UPVVP and budget may ba amended @t any time byYVCC)Gin accordance with its
adopted operational procedures and pending approval byVVSO[)T. FTA. and FHVVA.
3'3'2 By December 31 of each year, VVGDOT will provide written notice tmYVCO{3ofexpected
allocations ofFH\&Y\ Planning Funds (PL). FlASectimn 5303funds. and State Regional Transportation
Planning Organization funds (RTPO Funds), and any other State administered funds that are available
to Y\/C[)G for the following State fiscal year.
3'3'3 YVCOG agrees to coordinate with WSDOT and Yakima Transit in developing and
preparing the UPWP work program. Yakima Transit agrees to provide YVCOG with the public '
transportation planning components for the area within Yakima Tranait'mbenefit area and VVS[>[)T
agrees to provide YVCC)G with the Stata's transportation planning work components within the YVC(]G
K8PA. The Parties agree to cooperatively review their proposed work components to enhance
coordination and avoid duplicate planning work efforts.
VYGDOT Agreement GCB 1370 Page 3of12
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3.4 Boundary Designation
The K8PA boundary requirements are defined within 23 C.F.R. § 450.312 and for YVC[}G as agreed to
between YVCC}G and the Governor of Washington. The YJCCJG planning process is conducted within
the defined K8PA boundary.
3'4.1 The IVIPA boundary will be reviewed by Y/COG if new urbanized area boundaries are
established following each decennial oensus, and Gt intermediate intervals as prompted by requests by
|moa| or state governments to modify the current K8P/\ boundary. Boundary adjustments aho|| o0Dfornn
to the procedures defined in 23 C.F.R. § 450.310 and 23 C.F.R. § 450.312.
3.4'2 `fVCC){3 shall prepare and maintain a description and map of the current YVCOG K8PA
boundmry, and nloha it available to its member agencies and the public.
3'5 Regional Data Coordination
An integral part of the development and maintenance of the FlTP process is a coordinated and
consistent monitoring of the performance of the regional transportation system within the K8PA. The
Parties agree to coordinate in the co||aoUon, ana|yaio, and dissemination of data in support of the RTP
process.
3'5'1 To help ensure consistency in planning activiUee. Yl/CCJC3 ohm|| periodically provide
VVSC){JT and `/ohinla Transit with current and forecasted denoogrmphio, economic, transportation, and
other appropriate data as is mutually agreed upon by the Parties. Data distributed by Y\/C[){3 for these
purposes will be considered the official regional data set for the purposes of RTP, progrmnlnning, and
air-quality conformity analysis. Such Data Requests will be coordinated and processed according to
YVCC)G'a established Data Request policy. Data Requests to VVS[>OT and Yakima Transit will be
coordinated and processed according to their established Data Request procedures.
3'6 Regional Travel Demand Model
YVC|C}C3 deve|opm, nnaintaino, and updates the nagioDG| travel demand model that is used for the K8TP
and T|P, transportation ntudieo, and for evaluating transportation related air quality impacts within the
Y\/CC)G K8P/\. YJCOG agrees to consult with VVSDC)T and T@kirno Transit regarding various modeling
iaaueo, including software p|ath]rnns, data n3quin3nnents, and overall nnod8| performance for such
regional travel demand model. YVC[)(S agrees to provide the model and information from the model to
VVSO{}T and `/mkinna Transit for their own planning purposes. Data distributed by YVC[)G for these
purposes will be considered the official regional travel demand model for the purposes of RTP,
pnogramming, and air-quality conformity analysis. Data Requests from VVG[}C}T and Yakima Transit for
model information will be jointly coordinated and processed according to YVC{J{3'm established data
request policy.
3.6'1 VVSDC}T and Yakima Transit may modify the YVC{]G travel demand model to meet their
specific planning purposes. When such modifications are made, VVSOCJT and Yakima Transit agree:
1\ to provide a written list of the modifications to YVC|C){3; and 2\ that the modified model will not be
portrayed publicly or privately as the YVCOCS travel demand nlode|, unless prior written consent is
provided by YVCOG, to the extent this Section 3.0.1 is consistent with RCVV42.50. the Public Records
Act.
3'7 Self Certification and Federal Certification
At |aoat every year and as port of the submittal of the proposed T|P. Y\/COG and VVSOOT shall certify
that the metropolitan transportation planning pnoogae is being carried out in accordance with all
applicable federal planning requirements (23 C.F.R|. § 450.330). Y\/COG is responsible for ensuring
compliance with the applicable federal regu|aUono, and agrees to coordinate with VVSDOT and `fahinna
Transit throughout the federal certification process. ,
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SECTION 4: TRANSPORTATION PLANNING
4.1 Metropolitan Transportation Plan
The MTP is the comprehensive transportation planning document for the YVCOG MPA. As the
designated MPO, YVCOG agrees to prepare, adopt, and maintain a MTP in accordance with 23 C.F.R.
§ 450.324 and 49 U.S.C. § 5303(i). The Parties agree to work together cooperatively to validate data
utilized in preparing other existing modal plans for providing input into the MTP. YVCOG agrees to
transmit the adopted MTP for use by WSDOT, Yakima Transit, the Federal Highway Administration
(FHWA), and the Federal Transit Administration (FTA).
4.1.1 The Parties agree to monitor internal plans, studies, and other activities to identify
potential issues or conflicts with the MTP and will work together to take actions with a goal to resolve
any potential issues or conflicts. WSDOT and Yakima Transit agree to provide technical assistance,
data, and information to YVCOG during the development or amendment of the MTP.
4.1.2 YVCOG agrees to consult and coordinate with WSDOT and Yakima Transit during the
MTP update process to ensure continued consistency between the State Transportation Plan
(23 U.S.C. § 450.216) and the long range transit plan (49 U.S.C. § 5303). The Parties agree to
coordinate related planning activities and studies to promote consistency between metropolitan, transit,
and statewide planning strategies and outcomes. This includes mutual consideration of visions and
priorities articulated in each entity's transportation planning documents and project identification
processes.
4.1.3 MTP amendments are generally undertaken for purposes that include, but are not limited
to adding, deleting, significantly changing a regionally significant project, or changing a project between
scheduled MTP updates to maintain no less than a 20-year planning horizon as of the effective date of
the MTP. The effective date is the date of MTP adoption. YVCOG will ensure that MTP amendments
adhere to relevant federal planning requirements and are developed and adopted through the
metropolitan transportation planning process. When YVCOG determines that an update of the MTP is
necessary, it will notify WSDOT and Yakima Transit in writing. This notification shall include information
regarding both the update process and the schedule that YVCOG intends to follow. YVCOG will consult
and coordinate with WSDOT and Yakima Transit as it develops potential modifications to the MTP.
After the YVCOG Board's approval of such plan updates, YVCOG will notify and transmit to WSDOT
and Yakima Transit in writing the final Board-approved MTP.
4.2 Statewide Plans
The State also develops plans, including statewide transportation plans, in compliance with federal
regulations in order to receive particular federal funds. These plans include:
a) The Long-Range Statewide Transportation Plan that the Washington State Department of
Transportation is committed to update as per the stewardship agreement with the Federal Highway
Administration and the Federal Transit Administration. This plan is a requirement that allows the
state to receive federal surface transportation funds for cities, counties, and state highways.
b) The Strategic Highway Safety Plan (Target Zero) that is developed in cooperation with Target
Zero partners, including the Washington State Traffic Commission, the Washington State Patrol, and
the Washington State Department of Transportation. It is necessary for this plan to comply with
regulations from the Federal Highway Administration, for the state to be eligible to receive federal
funds for highway safety improvements; and
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C) The State Rail Plan that is developed by the Washington State Department of Transportation in
compliance with the Federal Rail Administration regulations. This plan is a requirement that allows
the state to receive federal funds for freight rail improvements.
4.2.1 When WSDOT determines that an update or modification to a portion of these statewide
plans, policies, and performance measures and targets that specifically relates to the YVCOG MPA is
necessary, it will notify YVCOG in writing. This notification will include information regarding both the
process and schedule WSDOT intends to follow. WSDOT will consult and coordinate with MPOs,
including YVCOG, and with Yakima Transit during this process to assure continued consistency with
the MTP. Upon approval of such updates, WSDOT will formally notify YVCOG in writing of the final
content of the updates.
4.2.2 WSDOT and YVCOG will ensure that all statewide transportation plan components and
elements that relate to the YVCOG MPA and the region's MTP shall be consistent. WSDOT agrees that
the long range statewide transportation plan, in relation to the YVCOG MPA, shall be developed in
cooperation with YVCOG, as required by 23 C.F.R. § 450.216(g). The state-owned component of the
highway system plan, which includes preservation, maintenance, operations, safety, and capacity
improvement elements for state owned facilities shall serve as the basis for WSDOT's 10-year Capital
Improvement and Preservation Program (CIPP) and WSDOT's 2-year biennial budget request to the
legislature pursuant to RCW 47.06.050.
4.3 Air Quality Conformity
YVCOG is responsible for compliance with Section 176(c) of the Clean Air Act (42 U.S.C. § 7506) by
coordinating the development of transportation plans and improvement programs with the State
Implementation Plan (SIP) development process. YVCOG shall meet minimum Federal conformity
provisions as set forth in 40 C.F.R. Part 93. The Parties agree to participate in periodic interagency
consultation meetings to ensure compliance of plans and programs with Federal conformity provisions.
4.3.1 YVCOG agrees to develop and maintain a written agreement with the Southwest Clean
Air Agency, describing the respective roles and responsibilities for air quality related transportation
planning. WSDOT and Yakima Transit agree to provide available data to YVCOG for regional and hot
spot air quality analyses.
4.4 Congestion Management Process
Not Applicable.
4.5 Local Coordinated Human Services Transportation Plan (HSTP)
The Parties shall ensure coordination and consistency between the local coordinated HSTP and other
statewide and regional planning processes as set forth in 23 C.F.R. Part 450 and 49 C.F.R. Part 613.
YVCOG shall lead the development of the HSTP in partnership with Yakima Transit and other providers
of human services transportation.
4.6 Roadway Functional Classification
YVCOG agrees to assist WSDOT in developing and maintaining the FHWA Functional Classification
system, and to provide comments to WSDOT regarding requests from local agencies to designate a
roadway or to change the designation of a roadway pursuant to applicable guidelines. WSDOT shall
consider comments from YVCOG and shall give consideration to criteria consistent with
RCW 47.05.021 and federal regulations relating to the functional classification of highways. The RTAC
will review local agency roadway reclassification requests and will forward recommendations to
WSDOT for action.
4.7 Transportation Planning Studies and Project Development
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The Parties agree to cooperate on the identification, conduct, and completion of major corridor and
subarea studies to assure effective integration of long- and short-range planning and to refine the MTP,
consistent with the provisions of 23 C.F.R. § 450.212 and 23 C.F.R. § 450.318. The Parties also agree
to coordinate identifying project planning needs as part of YVCOG's UPWP development process.
4.7.1 The Parties agree to enter into additional work agreements, when needed, to complete
mutually identified transportation planning studies and project development activities.
4.8 Procedures for Reviewing Mutual Plans
The Parties agree to review and provide comments as appropriate on mutual plans. The purpose of this
review is not part of a formal approval process, but rather to help ensure regional consistency. The
Parties agree to work cooperatively to address discrepancies when they are identified.
4.9 Performance Management
Performance management will transform the regional transportation system and will provide a means to
the most efficient investment of Federal transportation funds through performance-based planning and
programming. The YVCOG shall establish performance measures and targets in the MTP in
consultation with WSDOT and Yakima Transit in accordance with 23 U.S.C. 150(c) and (d). Selection of
performance measures and targets shall be coordinated with WSDOT and Yakima Transit to the
maximum extent practicable. The Parties agree to share performance information and data on a
periodic basis to report regional transportation system performance in accordance with 23 U.S.C. §
150(e).
SECTION 5: TRANSPORTATION PROGRAMMING
5.1 Transportation Improvement Program (TIP)
The YVCOG, in cooperation with WSDOT and Yakima Transit, is responsible for developing, adopting,
and maintaining an approved 4-year regional TIP pursuant to 23 C.F.R. § 450.326. The TIP must
include, but is not limited to, all projects that have been approved and programmed by YVCOG for
federal funding and projects with committed federal funds after having been found consistent with
applicable state and federal planning and air quality requirements, and also after having been found
consistent with the MTP. Upon approval by the YVCOG Board and the Governor, the TIP shall be
included without change, directly or by reference, into the State TIP as required under 23 C.F.R. §450.
328(b).
The TIP shall contain all regionally significant, non-capital surface transportation projects requiring an
action by FHWA or the FTA, whether or not the projects are to be funded under title 23 U.S.C. or title
49 U.S.C. For public information and conformity purposes, the TIP shall include all regionally significant
projects proposed to be funded with federal funds other than those administered by the FHWA and
FTA, as well as all regionally significant projects to be funded with non-Federal funds. The 4-year
regional TIP must be financially constrained to those funds that are available or reasonably expected to
be available during that timeframe.
As applicable, the TIP should include reporting on performance and implementation results relative to
MTP performance goals, measures, and targets.
5.1.1 At least every two (2) years, YVCOG shall cooperatively develop and/or update a
regional 4-year TIP for all federally funded projects and regionally significant transportation projects
regardless of funding source. YVCOG shall develop the TIP through a cooperative process involving
WSDOT and Yakima Transit. In accordance with federal regulation, YVCOG shall coordinate with other
interested parties in the development of the TIP, per YVCOG's Public Involvement Plan. YVCOG's TIP
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shall be provided to WSDOT in October of the given YVCOG TIP-update year, for incorporation into the
STIP pursuant to 23 C.F.R. § 450 218(b).
5.1.2 WSDOT shall work cooperatively with YVCOG in recommending programming and
project selection for state transportation projects eligible for federal funding, for inclusion in YVCOG's
TIP pursuant to 23 C.F.R. § 450.332(c). The adopted TIP as approved by the Secretary of
Transportation as delegated by the Governor shall be included in the STIP, contingent upon such
regional TIP meeting conditions of requisite regional-air quality conformity findings and approval by the
Governor.
5.1.3 Recommendations for WSDOT's programming of state highway components in the TIP
shall be based on statewide transportation plans and area/corridor specific studies and shall be
consistent with and implement the MTP.
5.1.4 Recommendations will be made by Yakima Transit for programming of transit system
components and shall be consistent with Yakima Transit's most recent Capital Improvement Program
as adopted by Yakima Transit Board of Directors, or as otherwise provided by Yakima Transit.
5.1.5 WSDOT and Yakima Transit agree to provide YVCOG the estimate of available federal
and state revenue that can be utilized in developing the TIP. The Parties agree to work cooperatively to
develop final estimates of funds that are reasonably expected to be available to support the TIP (23
C.F.R. § 450.326(j)), as defined in Section 7.2-Financial Planning.
5.2 Statewide Transportation Improvement Program (STIP)
The STIP is a four (4) year, fiscally constrained, prioritized program of transportation projects, compiled
from local and regional plans, along with the long range statewide multimodal transportation plan.
These projects have been identified through state, regional, and local planning processes, as the
highest priority for the available funding to preserve and improve the state's transportation network.
5.2.1 WSDOT is responsible for developing the STIP and for incorporating the TIP (and
subsequent amendments) into the STIP on a timely basis. WSDOT agrees to work cooperatively with
YVCOG and C-TRAN in developing reasonable financial principles, revenue forecasts, and information
for the STIP.
5.2.2 WSDOT agrees to coordinate with FHWA and FTA to develop and adopt procedures
and criteria for incorporating STIP and TIP amendments and administrative modifications into the STIP.
YVCOG agrees to develop and document procedures, criteria, and schedules for amendments and
administrative modifications that are consistent with the WSDOT, FHWA, and FTA approved criteria
and schedule. WSDOT agrees to transmit STIP related policies, criteria, procedures, and schedules to
YVCOG on a timely basis.
5.2.3 YVCOG agrees to submit requests for STIP/TIP amendments and administrative
modifications to WSDOT via the web based STIP. As necessary, WSDOT agrees to compile the
projects submitted by YVCOG into the STIP and to submit them to FHWA and FTA for approval.
5.3 Annual Listing of Obligated Projects
The Parties agree to work cooperatively to develop an annual listing of projects within YVCOG's MPA
boundary for which federal transportation funds were obligated in the preceding program year. This
requirement applies to projects funded with federal funding sources.
5.3.1 WSDOT and Yakima Transit agree to provide YVCOG with all project obligation reports
within forty five (45) calendar days of the end of the transportation program year, which is the end of the
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calendar year. YVCOG agrees to coordinate directly with the WSDOT Highway and Local Programs
regarding designated regional fund obligation administration and reporting. YVCOG will publish the
annual listing and make it available to WSDOT, Yakima Transit, and the public as provided in YVCOG's
Public Participation Plan within ninety (90) calendar days of the end of such program year.
5.4 Yakima Transit Program of Projects
As the designated recipient for the YVCOG MPA, Yakima Transit is the entity designated by the
Governor of Washington to receive and apportion federal funds under Title 49 U.S.C.
5.4.1 As the designated recipient for FTA funds, Yakima Transit is responsible for developing
a program of projects for apportioned FTA funds in the UZA, in a manner that is consistent with the
requirements of the United States Code and the Code of Federal Regulations (Program of Projects).
Annually, Yakima Transit will provide YVCOG with its recommended Program of Projects for inclusion
in the TIP. Yakima Transit will notify YVCOG of its intended use of FTA funds apportioned to Yakima
Transit under 49 U.S.C. §§ 5307, 5310, and 5339 (applicable federal sections) for the upcoming
calendar year. Yakima Transit will utilize a public participation process that complies with 49 U.S.C. §
5307(b) in developing its Program of Projects.
SECTION 6 PUBLIC INVOLVEMENT
6.1 YVCOG Public Participation Plan
YVCOG will proactively develop, adopt, periodically update and implement a public participation plan,
including a Public Involvement Policy, in accordance with 23 U.S.C. § 134(i)(5) and 23 C.F.R. §
450.316. To coordinate effective planning and programming activities, the Parties to this AGREEMENT
shall, to the maximum extent practicable, coordinate their public information efforts and seek joint
opportunities for public involvement.
6.2 Yakima Transit Public Participation Plan
Yakima Transit will use its own public participation policy in its transportation planning process to
provide citizens, affected public agencies, and all interested Parties with reasonable opportunity to be
involved in the public transportation planning process and to review and comment at key decision
points as specified in 23 C.F.R. § 450.316. Yakima Transit agrees, to the maximum extent practicable,
to coordinate its outreach activities related to transit planning with YVCOG and WSDOT.
6.3 WSDOT Public Participation
WSDOT will develop and use a documented public involvement process that provides opportunities for
public review and comment at key decision points, as required to comply with 23 C.F.R. § 450.210. To
coordinate effective planning and programming activities WSDOT, to the maximum extent practicable,
will coordinate public information efforts with YVCOG and Yakima Transit, and seek joint opportunities
for public involvement.
SECTION 7: FINANCIAL PLANNING AND FUNDING
7.1 Distribution of Planning Funds
In consultation with YVCOG, WSDOT agrees to develop, implement, and periodically review a
transparent process for the distribution of FHWA and FTA planning funds to YVCOG. YVCOG agrees
to work cooperatively with WSDOT in this process. WSDOT agrees to coordinate with FHWA and FTA
to develop procedures for the efficient and timely transfer of funds to YVCOG.
7.1.1 As provided under 23 U.S.C. § 104(f) WSDOT has the responsibility to allocate the
FHWA PL grant funds to MPOs. As required by 23 C.F.R. § 420.109, WSDOT shall make all PL funds
authorized by 23 U.S.C. § 104(f) available to YVCOG in accordance with a formula developed by
WSDOT Agreement GCB 1370 Page 9 of 12
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VVGOOT, in consultation with the K8POo, and the allocation approved by the FHWA Division
Administrator.
7.1'2 VV8DC)T also has the responsibility under 49U.8.C. § 53D5(d)(2) toallocate the FTAPL
49U.S.C. § 53O3 grant funds t0Yl/C[)G. Amounts apportioned toVVSC)C)T shall bo made available no
later than thirty (3O) calendar days after the date ofapportionment to the MPO under m formula that: 1)
considers the population of urbanized areas; and 2) provides anappropriate distribution for urbanized
areas to carry out a cooperative planning process. WSDOT shall develop the formula in cooperation
with MP{]s. including YVC(]G; and, the allocation with approval by the FTA Regional Administrator.
7'2 Financial Planning
A "Financial Plan" is documentation to be included with a MTP, and TIP that demonstrates the
consistency between reasonably available and projected aourceooffoderm|. otate. |moa|. andprivate -
revenuoa, mndthecosts of implementing proposed transportation system improvements (23 C.F.R.
� 450.104\.
7'2'1 Federal requirements for financial planning are defined in 23 C.F.R. §45O.314
(metropolitan planning aQn*ennente). 23C.F.R. § 450.324 (development and content of the K8TP). 23
C.F.Fl. @45O.328 (development and content of the T|P). and 23C.F.R. @45O.334 (annual listing 0f
obligated projects). The Parties agree to cooperatively develop and share information related to the
development of financial plans tosupport these activities.
�
7'2'2 |n preparing the financial plan, YV'C[)C3 shall take into account all projects and strategies
proposed for funding under Title 23 U.S.C., 49 U.S.C. Chapter 53 along with other Federal, State, local,
and private fund sources. The Parties agree to work cooperatively to develop estimates of revenue that
demonstrate financial constraint for the K8TP and the TIP. Y\/CC]G, in cooperation with `/ohinla Transit
and WSDOT, agrees to develop and maintain procedures and methodologies, for generating revenue
forecasts that are consistent with federal guidance for financial forecasting. VVGC)[)T m0naea to provide
historical information regarding funding levels and expenditures by county area and available forecasts
of future state and federal revenues. Yakima Transit agrees to provide historical information and
forecasts for future funding. In the event that VVS[J[)T and `yahinna Transit provide disparate
assumptions for the future availability of federal funds, the Parties agree to work cooperatively to
determine a consistent forecasting methodology that demonstrates financial constraint.
7'3 Funding Accountability ,
YVCOG is responsible for programming all projects that receive federal funds and all regionally
significant projects. The Parties agree to work cooperatively to ensure that YVCC)(3 selects projects for
funding based on regional priorities and consistent with the MTP. WSDOT agrees to provide quarterly
updates toYVCO{3on the delivery of funds programmed byYVCC]G. YVCC)G agrees to develop,
implement, and periodically review strategies to ensure delivery of programmed funds within its
'
programming area.
7'4 Sub-allocation of Federal Funds
Y\/COGia responsible for selecting and programming projects fr0nnepacifiedfederm| fund8th8tara
sub-allocated to Y\/COG byVVGC)C)T. VVSOOT is responsible for determining the sub-allocation
amounts, in consultation with l8/C{]G and other K8PC)G statewide. VV8OOT agrees 1odevelop,
implement, and periodically review an accounting process for sub-allocating Surface Transportation
Program (STP). Congestion Management and Air Quality (CMAQ). Transportation Alternatives (lA).
and/or other funds that are designated by the federal government tube sub-allocated to MPOe. Aspart
of this process, VVS[)OT agrees to provide toY\/C(]G a transparent accounting of how much funding io -
received byVVS[)(]T in total and annua||y, and all the steps applied to get tothe regional m||oomdone.
VV8DOT Agreement GCB 137O Page 1Ouf12
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7.4.1 For federal funds where Yakima Transit is the designated recipient as determined by the
Governor of Washington, Yakima Transit agrees to administer the sub-allocation of said funds to local
municipalities and subdivisions of the State of Washington consistent with the STIP.
SECTION 8: MISCELLANEOUS PROVISIONS
8.1 Dispute Resolution
In the event that a dispute arises under this AGREEMENT, it shall be resolved as follows: The Parties
shall each appoint a member to a Disputes Resolution Board (DRB). These three members shall select
two (2) additional (neutral) board members not affiliated with any of the Parties. The DRB shall conduct
a dispute resolution hearing that shall be informal, non-binding, and unrecorded. An attempt at such
dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any
litigation concerning the dispute. The Parties shall equally share in the cost of the two (2) additional
DRB membei-s; however, each Party shall be responsible for its own costs and fees.
8.2 Amendments and Modifications
Any Party may request changes to this AGREEMENT at any time by written notice to the other Parties.
Such changes as are mutually agreed upon by and between the Parties shall be incorporated by written
amendment to this AGREEMENT.
8.3 Severability
If any of the provisions of this AGREEMENT are held to be illegal, invalid, or unenforceable, all other
provisions shall remain in full force and effect.
8.4 Execution and Term
This AGREEMENT, including any amendments incorporated into the AGREEMENT, shall remain in full
force and effect for five (5) years from the date of the last signing Party, unless terminated by a Party's
governing body, which termination may be for cause or convenience and shall take effect immediately
upon execution by the last signing Party. Any official notifications between the Parties to this
AGREEMENT that would substantially affect the terms or conditions of this AGREEMENT shall be
directed to the AGREEMENT Managers as noted below:
Washington State Department of Transportation
Attn: Secretary of Transportation
P.O. Box 47316
Olympia, WA 98504-7316
Yakima Valley Conference of Governments (YVCOG)
Attn: Larry Mattson, Executive Director
311 North 4th Street, #202
Yakima, WA 98901
Yakima Transit
Attn: Alvie Maxey, Transit Manager
2301 Fruitvale Blvd.
Yakima, WA 98902
8.5 Authority to Sign
The signatories below represent that they have authority to sign this AGREEMENT and bind their
respective entities thereto.
WSDOT Agreement GCB 1370 Page 11 of 12
15
® Recitals
The recitals are hereby incorporated into this AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT as of the date signed
last by the Parties below.
WASHINGTON STATE DEPARTMENT YAKIMA TRANSIT
OF TRANSPORTATION
6(:/trt-hte,L 114,--hns,
Roger M. Millar, Secretary of Transportation
i4t/ ,Va
Date Date
APPROVE AS TO FORM FOR WSDOT: APPROVED AS TO FORM for YAKIMA TRANSIT;
•
• it"
su 11 iSf
Assistant Attorney General Legal ounsel
Date
Date
YAK! A VAL.LJY CONFERENCE OF
GOVERNMENTS
Larry Mattson, Executive Director
Date
APPROVED AS TO FORM FOR YAKIMA VALLEY
CONFERENCE OF GOVERNMENTS:
Yakima Valley Conference of Governments
Legal Counsel
Date
WSDOT Agreement GCB 1370 Page 12 of 12