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.