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HomeMy WebLinkAboutR-2005-181 Yakima Valley Conference of Governments Memorandum of Understanding (re: transportation planning)RESOLUTION NO. R-2005-181 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a memorandum of understanding between the City of Yakima and the Yakima Valley Conference of Governments to cooperatively carry out transportation planning and programming for public transit in the Yakima Valley metropolitan area. WHEREAS, governmental agencies and nonprofit organizations that receive assistance from other Federal agencies for non -emergency transportation services must attempt to participate and coordinate with Federal Transit Administration (FTA) recipients in the design and delivery of transportation services and be included in the planning for those services; and WHEREAS, the Yakima Valley Conference of Governments (COG) desires to cooperatively carry out transportation planning and programming for public transit with the City of Yakima Transit Division for the Yakima Valley metropolitan area in accordance with the attached memorandum of understanding; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached Memorandum of Understanding with the Yakima Valley Conference of Governments to cooperatively carry out transportation planning and programming for public transit in the Yakima Valley metropolitan area, now, therefore; BE IT RESOLVED BY 1'HE CITY COUNCIL OF 'nit CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Memorandum of Understanding" between the City of Yakima and the Yakima Valley Conference of Governments to cooperatively carry out transportation planning and programming for public transit in the Yakima Valley metropolitan area. ADOPTED BY TBE CITY COUNCIL this 15th day of November, 2005 2 ATTEST. Paul P George, Mayor City Clerk Yakima Valley Conference of Governments and City of Yakima Transit Division MEMORANDUM OF UNDERSTANDING 1. PURPOSE AND INTENT This Memorandum of Understanding (MOU) between the Yakima Valley Conference of Governments (WOG) and the City of Yakima Transit Division (Yakima Transit) defines the responsibilities for cooperatively carrying out transportation planning and programming for public transit in the Yakima Valley metropolitan area. The intent of this MOU is to coordinate transportation planning activities between the YVOOG and Yakima Transit to avoid duplication of efforts, provide consistency in planning efforts, and assure federal and state requirements conformity. 2. FEDERAL AND STATE CONFORMITY In October 1993, the United States Department of Transportation issued the final rule covering statewide and metropolitan planning. The Metropolitan Planning Rule (23 CFR Part 450) codified into law much of the contents of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 as follows: 23 CFR 450, section 310 (b) states that, "... there shall be an MOU between the MPO and operators of publicly owned transit services which specifies cooperative procedures for carrying out transportation planning (including corridor and sub area studies) and programming as required by this subpart" 23 USC. Section 135 requires that all federal funds to be used for highway or transit projects must be included in a Statewide Transportation Improvement Program (STIP). The Transportation Equity Act for the 21st Century was enacted June 9, 1998 (Public Law 105-178) and refines and continues program planning instituted under ISTEA. The TEA 21 Restoration Act, enacted July 22, 1998, provided technical corrections to the original law. Relevant provisions for transit and MPO collaborative planning efforts include: Fair and Equitable Distribution: The program of projects that the state submits to FTA for approval must provide for fair and equitable distribution of the apportionment in the state, including Indian reservations. Further, the FTA encourages the use of increasingly available funds under TEA - 21 to support expansion of transit service to areas not currently served and to improve the level of service or coverage in areas which currently have minimal service. • Program and Service Coordination: To the extent feasible, governmental agencies and nonprofit organizations that receive assistance from other Federal agencies for non -emergency transportation services shall participate and coordinate with FTA recipients in the design and delivery of transportation services and be included in the planning for those services. 3. ROLES AND RESPONSIBILMES The separate and shared responsibilities between the Yakima Valley Conference of Governments, as MPO for the Yakima, Washington, metropolitan area, and Yakima Transit are as follows: Memorandum of Understanding Yakima City Transit and YVCOG Page 2 Yafldma Transit 1. Supply data and information to the YVCOG concerning transit -related decisions of regional significance; 2. Supply six-year Transportation Improvement Program (TIP) information to the YVCOG in a timely manner; 3. Yakima Transit is responsible for all project programming responsibilities involving FTA - funded projects; 4. Yakima Transit is responsible for selecting transit -related projects for competitive federally funded programs; 5. Project programming responsibilities for competitive STP funds shared with all regional jurisdictions; and 6. Pay an annual assessment to YVCOG towards the non-federal matching funds required for FTA Section 5303 Metropolitan Planning grant funds. This amount shall be Three Thousand Dollars ($3,000.00) per year until and unless the City Manager of the City of Yakima agrees in writing to an increase in the assessment. Any such increase shall be executed by the parties and shall be an addendum to this MOU. The City Manager has the authority to execute any such addendum on behalf of the City. • Yakima Valley Conference ofGovernments 1. Develop public transportation element of the Yakima Valley Metropolitan Transportation Plan (MTP); 2. Make air quality conformity determination for Yakima Transit projects as needed; 3. Process MTIP amendments proposed by Yakima Transit in a timely manner; 4. Certify Yakima Transit's compliance with the Americans with Disabilities Act (ADA); 5. Prepare Yakima Transit's Title VI submittal; and 6. Assist Yakima Transit in other regulatory assessments as required by the Federal Transit Administration (FTA) or the Washington State Department of Transportation (WSDOT). • Yakima Transit and the YalQna Valet' Conference of Governments The responsibility for maintaining this Memorandum of Understanding (MOU) in good faith rests with the Yakima Valley Conference of Governments (YVCOG) and Yakima Transit. 4. TERM This MOU shall be effective upon execution by the parties below and shall continue until terminated by either party in accordance with Section 8 of this MOU. 5. INTEGRATION AM SUPERSESSION This MOU sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any former agreements (including MOU's) between YVCOG and Yakima Transit which are hereby declared terminated. No amendment or modification of this MOU shall be effective unless reduced to writing and executed by the parties. 6. SEVERABBILIIY If a court of competent jurisdiction holds any part, term or provision of this MOU to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the MOU did not contain the particular provision held to be invalid. • Memorandum of Understanding Yakima City Transit and YVCOG Page 3 7. NON -WAIVER The waiver by the YVCOG or Yakima Transit of the breach of anyprovision of this MOU by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 8. TERMINATION Either party may terminate this MOU, with or without cause, by giving the other party forty-five (45) calendar days written notice of termination. 9. SURVIVAL Any provision of this MOU that imposes an obligation after termination or expiration of this MOU shall survive the term or expiration of this MOU and shall be binding on the parties to this MOU. 10. GOVERNING LAW AND VENUE This MOU shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this MOU shall lie in the Superior Court of Washington for Yakima County, Washington. Signed this a/ d y of /ua 21 64— , 20AS . 29) Al Hubert, Chair Yakima Valley Metropolitan Planning Organization Executive Committee Manager ger City of Yakima Zais, Jr., BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /---/ For Meeting of November 15, 2005 ITEM TITLE: Consideration of a resolution authorizing a Memorandum of Understanding with Yakima Valley Conference of Governments (YVCOG) for public transit transportation planning and programming assistance for the Yakima Valley Metropolitan Area. SUBMITTED BY: Chris Waarvick, Public Works Director CONTACT PERSON/TELEPHONE: Ken Mehin, Transit Manager/576-6415 SUMMARY EXPLANATION: Signed into law earlier this year, were changes updating operating guidelines of the Federal Transit Administration for public transit services. This Memorandum of Understanding reflects those changes for public transit transportation planning and programming assistance for the Yakima Valley metropolitan area. Although an agreement has been in place with YVCOG since 1993, this new Memorandum of Understanding reflects changes that encourage the expansion of transit service to areas not currently served and to improve the level of service or coverage in areas that currently have minimal service. (Continued on next page.) Resolution X Ordinance Other (Specify Contract X Mail to (name and address): Phone: Funding Source: Transit Operating Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: The need for an updated MOU was discussed at the FTA's Triennial Review audit conducted last year. Board Members agreed with the findings to bring us into compliance with their regulations at that time. However, until the new Reauthorization Bill was approved, we had to wait to modify our existing agreement so as to reflect the changes that were just recently signed into law. COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-181 YVCOG Agenda Item November 15, 2005 Page two YVCOG and Yakima Transit will continue to cooperatively work together to deliver public transit transportation services, expand the service area and hours of operation, and provide conformity with requirements outlined under Parts 23 CFR 450, Section 310 (b) and 23 USC, Section 135 of the operating guidelines of the Federal Transit Administration. An annual assessment for these services is currently $3,000.00 per year payable at the beginning of each new calendar year.