HomeMy WebLinkAboutR-2018-011 Governance Agreement with Yakima Valley Conference of Governments (YVCOG)RESOLUTION NO. R-2018-011
A RESOLUTION approving the governance agreement for the Yakima Valley Conference of
Governments (YVCOG).
WHEREAS, YVCOG was established in 1966 as the regional transportation planning
organization for Yakima County, Washington; and
WHEREAS, a governance agreement articles of association and bylaws were adopted
upon its organization by Yakima County, the cities of Grandview, Granger, Harrah, Mabton,
Moxee, Naches, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato, Yakima and Zillah,
and
WHEREAS, the bylaws and articles of association have been amended, however, the
original governance agreement was lost in a fire in the 1990s, and
WHEREAS, the members of YVCOG, including the City of Yakima, desire to reaffirm the
governance document which confirms YVCOG's organizational structure and its rights and
responsibilities as the Yakima County Regional Transportation Planning Organization (RTPO),
and the Yakima County Metropolitan Planning Organization (MPO), and
WHEREAS, the members of YVCOG, including the City of Yakima, also desire to add to
the governance document information about YVCOG and its role with programs and services for
the homeless in Yakima County; and
WHEREAS, the members of the YVCOG Board of Directors, in consultation with the
Executive Director and Legal Counsel for YVCOG have made a detailed review of the available
original formation documents, and
WHEREAS, the members of the YVCOG Board of Directors voted to recommend approval
of the proposed governance agreement; and
WHEREAS, the City of Yakima has reviewed the proposed governance agreement and
finds that it clarifies and solidifies the governance of YVCOG, that it will outline the purposes and
activities of YVCOG and that it should be approved, and
WHEREAS, the City of Yakima wishes to commence the effectiveness of the governance
agreement in an orderly fashion and in harmony with the other member entities, and
WHEREAS, the City Council has reviewed the governance agreement and finds that it is
in the best interest of the City and the residents of the City to adopt it; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Council of the City of Yakima hereby adopts the YVCOG Governance
Agreement and authorizes the City Manager to execute the Agreement on its behalf
Section 2. Effective Date. This resolution shall take effect immediately, as provided by
law. However, if the necessary number of YVCOG members do not also enter into the
Governance Agreement on or before March 1, 2018, then this resolution shall become
void and the City's approval and adoption of the Governance Agreement shall be void and
withdrawn.
ADOPTED BY THE CITY COUNCIL this 16th day of January, 2018
•
Kath`y`Co e, ,'Maor
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YAKIMA VALLEY CONFERENCE OF GOVERNMENTS
GOVERNANCE AGREEMENT
This Interlocal Cooperation Agreement is made by and between Yakima Valley Conference of Governments (YVCOG)
Yakima County, City of Grandview, City of Granger, Town of Harrah, City of Mabton, City of Moxee, Town of Naches,
City of Selah, City of Sunnyside, City of Tieton, City of Toppenish, City of Union Gap, City of Wapato, City of Yakima,
City of Zillah, and the Confederated Tribes and Bands of the Yakama Nation, (each hereafter referred to as a
"Member" or collectively, as "Members") for the purpose of confirming, organizing and maintaining a regional
agency known as Yakima Valley Conference of Governments.
This agreement terminates and supersedes in all respects the Yakima Valley Conference of Governments Interlocal
Cooperation Agreement dated February 7, 1994. The YVCOG's Articles of Association and Bylaws remain in full
effect. In the event of conflicting provisions, the Articles and Bylaws shall prevail.
RECITALS:
WHEREAS, Yakima Valley Conference of Govemments was established in 1966 and has served as a regional agency
serving the individual and collective interests of participating member cities, towns, communities and political
subdivisions within Yakima County, Washington, and
WHEREAS, RCW 36.64.080 authorizes counties, cities, towns and other participating political subdivisions to
establish a regional agency (i.e. "Conference"), for the purpose of studying, coordinating, assisting and managing
matters of regional or governmental interest and concern, including but not limited to transportation, land use
planning, codes and ordinances, comprehensive facility and land use planning, government finances, air and water
quality, regional and local social services, and other matters of local and regional interest or significance; and
WHEREAS, Federal transportation legislation (23 U.S.C. 134 and 49 U.S.C. 5303) requires the designation, by
agreement between the Governor of the State of Washington and units of general purpose local government, of a
Metropolitan Planning Organization (MPO) which, in cooperation with the State of Washington is to develop
transportation plans and programs for urbanized areas of Washington State; and
WHEREAS, YVCOG has been designated as MPO for Yakima County with responsibility for implementing national
policy set forth in 23 CFR §§450.300-.338 the local urbanized area including a continuing, cooperative, and
comprehensive performance-based multimodal transportation planning process, together with development of a
metropolitan transportation plan and a transportation improvement program (TIP); and
WHEREAS, State of Washington authorizes formation of a Regional Transportation Planning Organization (RTPO)
through the voluntary association of local governments within a county (RCW 47.80.020); provided each RTPO shall
encompass at least one complete county, have a population of at least 100,000 and have as members all counties
within the region and at least sixty percent of the cities and towns collectively representing a minimum of seventy-five
percent of the population of all incorporated municipalities; and
WHEREAS, each RTPO formed by local governments is required to create a transportation policy board in
accordance with RCW 47.80.040 which board shall provide policy advice to the RTPO and shall allow representatives
of major employers within the region, the department of transportation, transit districts, port districts, and member
cities, towns, and counties within the region to participate in policy making, and
YVCOG Governance Agreement - 1
WHEREAS, RCW 47.80.020 provides that the RTPO in an urbanized area shall be the same as the MPO designated
for federal transportation planning purposes; and
WHEREAS, in accordance with applicable federal and state laws, the Members affirm and ratify the formation and
continuation of a unified metropolitan and regional transportation planning program to carry out the responsibilities of
the MPO and RTPO, as well as other responsibilities determined by YVCOG (Articles of Association and Bylaws,
attached as Exhibits A and B); and
WHEREAS, Yakima Valley Conference of Governments (YVCOG) has been designated as the lead planning agency
and fiscal agent for the Metropolitan Planning Organization and the Regional Transportation Planning Organization;
and
WHEREAS, the Washington State Growth Management Act, Chapter 36.70A RCW, requires the coordinated
countywide planning by counties, cities, towns and other political subdivisions that develops and implements policies
for contiguous and orderly growth, provision of urban services, siting of capital facilities, transportation, planning,
consideration of needs for affordable housing, economic development and employment, and other comprehensive
planning matters; and
WHEREAS, the Members executing this Agreement confirm and represent that each of the Members has adopted
one or more resolutions authorizing the execution of this Agreement, and that such resolutions are in all ways valid
and binding; and
WHEREAS, the Yakima Valley Conference of Govemments has been and may be named as a subrecipient on federal
and state transportation planning grant funds; and
WHEREAS, the Yakima County Commissioners authorized the execution of this Agreement by Resolution No. 2017 -
AA, adopted on December, 2017;
WHEREAS, the Confederated Tribes and Bands of the Yakama Nation Tribal Council authorized the execution of this
Agreement by Resolution No. 2017 -BB adopted on December, 2017;
WHEREAS, the City of Grandview Council authorized the execution of this Agreement by Resolution No. 2017 -CC
adopted on December, 2017;
WHEREAS, the City of Granger Council authorized the execution of this Agreement by Resolution No. 2017 -DD
adopted on December, 2017;
WHEREAS, the Town of Harrah Council authorized the execution of this Agreement by Resolution No. 2017 -EE
adopted on December, 2017;
WHEREAS, the City of Mabton Council authorized the execution of this Agreement by Resolution No. 2017 -FF
adopted on December, 2017;
WHEREAS, the City of Moxee Council authorized the execution of this Agreement by
Resolution No. 2017 -GG adopted on December, 2017;
WHEREAS, the Town of Naches Council authorized the execution of this Agreement by Resolution No. 2017-HFl
adopted on December, 2017,
WHEREAS, the City of Selah Council authorized the execution of this Agreement by
Resolution No. 2017 -II adopted on December, 2017;
YVCOG Governance Agreement - 2
WHEREAS, the City of Sunnyside Council authorized the execution of this Agreement by Resolution No. 2017 -JJ
adopted on December, 2017;
WHEREAS, the City of Tieton Council authorized the execution of this Agreement by
Resolution No. 2017 -KK adopted on December, 2017;
WHEREAS, the City of Toppenish Council authorized the execution of this Agreement by Resolution No. 2017 -LL
adopted on December, 2017,
WHEREAS, the City of Union Gap Council authorized the execution of this Agreement by Resolution No. 2017 -MM
adopted on December, 2017;
WHEREAS, the City of Wapato Council authorized the execution of this Agreement by Resolution No. 2017 -MM
adopted on December, 2017;
WHEREAS, the City of Yakima Council authorized the execution of this Agreement by Resolution No. 2017 -NN
adopted on December, 2017;
WHEREAS, the City of Zillah Council authorized the execution of this Agreement by
Resolution No. 2017 -PP adopted on December, 2017;
NOW, THEREFORE, pursuant to the above recitals that are incorporated into this Interlocal Cooperation Agreement
as if included below, and in consideration of the terms and conditions set forth below, it is hereby agreed as follows:
Section 1
PURPOSES
This Interlocal Cooperation Agreement is authorized by Interlocal Cooperation Act (RCW Ch. 39.34) for the following
purposes:
A. To establish, organize and maintain a regional agency pursuant to RCW 36.64 080 for the purpose of
implementing study of regional and governmental issues of mutual interest and concern including
transportation study and planning;
B. To implement and perform the function and duties of a Regional Transportation Planning Organization
(RTPO) for Yakima County as set forth in RCW 47 80 023 and WAC Ch. 468-86, as currently adopted or
hereafter amended;
C. To implement and perform the duties and functions of a Metropolitan Planning Organization (MPO) for the
Yakima Valley Urbanized Area as such Area's boundaries are defined now or in the future, and as set forth
in 23 U.S.C. 134 and 49 U.S.C. 5303 as currently adopted or hereafter amended and 23 CFR Parts 450 and
500 and 40 CFR Part 613, as currently adopted or as amended,
D. To carry out the purposes outlined in its Articles of Association, as amended, attached as Exhibit A and fully
incorporated herein;
E. To assist in the planning and coordination of projects and programs which may involve federal and/or state
financial participation and to assist in review of such projects and programs to assure compliance with area
wide comprehensive plans;
F To contract or hire technical and administrative staff to provide and perform services with respect to
conference programs, plans and activities including planning, grant administration and other services.
YVCOG Governance Agreement - 3
Section 2
FUNCTIONS AND AUTHORITIES
A. Transportation. YVCOG shall perform the duties and responsibilities of an RTPO and MPO as prescribed in
applicable federal and state laws and regulations and serve as a conference pursuant to RCW 36.64.080
Transportation planning and responsibilities are specifically delegated to the Transportation Policy Board. Such
responsibilities with respect to transportation shall include but not be limited to the following:
1. Prepare and periodically update a transportation strategy for the region. The strategy shall address
alternative transportation modes and transportation demand management measures in regional quarters
and shall recommend preferred transportation policies to implement adopted growth strategies. The
strategy shall serve as a guide in preparation of the regional transportation plan.
2. Prepare a Regional Transportation Plan ("RTP') that is consistent with countywide planning policies,
county, city and town comprehensive plans, and state transportation plans. The RTP will be developed in
accordance with RCW 47.80.030 and will establish planning direction and strategies for regionally significant
transportation projects, as defined in state law and shall be consistent with the regional growth
management strategy, including but not limited to:
a. Certify that transportation elements of local comprehensive plans are consistent with the regional
transportation plan.
b. Certify that all transportation projects within the region that have a significant impact upon regional
facilities or services are consistent with the RTP.
3. Develop in cooperation with WSDOT, local governments and operators of public transportation services
a six-year regional transportation improvement plan.
4 Carry out Metropolitan Planning Organization (MPO) functions as prescribed in Title 23 USC §134 and 49
USC §5303 for federally funded projects in the region and /or as required by federal and/or state laws and
regulations that are applicable to the MPO, now or in the future. These functions include preparation of a
RTP, an annual Unified Planning Work Program (UPWP), and a four-year capital plan (with an annual
element).
5. Develop, coordinate, collect and maintain transportation related databases and transportation -related
information for the members.
6. Develop and review transportation system level of service methodologies and standards, and work with
cities, county, WSDOT and transit agencies on level of service standards and alternative transportation
performance measures.
7. Perform such other transportation planning related functions as the Policy Board may hereinafter
determine to be in the best interests of the Members.
YVCOG Governance Agreement - 4
B. Homelessness.
The Conference shall work with member agencies to reduce homelessness within the Yakima Valley. The Conference
shall develop and update as needed a strategic plan to reduce homelessness. The Conference shall participate with
the Continuum of Care (CoC), as defined by the Department of Housing and Urban Development (HUD), for Yakima
County. The Conference shall also work with agencies seeking to aid homeless individuals and families and other
community stakeholders, where appropriate, on the following:
1. Develop, implement, and update as needed a comprehensive countywide five-year homeless plan with
input and participation from the CoC, the Homeless Network of Yakima, the HPPC and other community
stakeholders;
2. Regularly review and evaluate homeless and housing data to determine the effectiveness of the local
strategies and objectives identified in the five year plan and bring data to the CoC and HPPC for review
and comment;
3. Establish performance outcomes and targets to measure and evaluate the effectiveness of funded
programs tailored to those programs funded through the YVCOG process;
4. Establish and publish a transparent funding distribution process to solicit, screen, review, score and
rank potential projects to equitably distribute federal, state and local funding to programs addressing
homelessness and homeless individuals in Yakima County.
5. Support or serve as the "Collaborative Applicant" for the HUD Continuum of Care program by annually
reviewing, scoring and prioritizing new and renewal projects.
6. Additional purposes of the HUD Continuum of Care program (as may be administered by YVCOG or
another HUD -approved entity) are to.
a. Serve as the annual homeless assistance application to HUD for funding to support housing and
services targeted for homeless sub -populations;
b. Serve as a strategic planning body for addressing homelessness in our region, through the
Homeless Policy and Planning Committee (HPPC), consisting of stakeholders and service
providers;
c. Coordinate the annual Point in Time count of the homeless;
d. Maintain the Homeless Management Information System (HMIS) and provide training to service
providers when necessary;
e. Maintain the Coordinated Entry and Referral System,
C. Research and Planning. The Conference may act as a research and fact-finding agency of the members. To
that end, it may make such surveys, analyses, studies and reports as authorized or requested by the Executive
Committee. The Conference upon such authority or request may also.
1. Make inquiries, investigations, and surveys concerning the resources of Yakima County.
2. Assemble and analyze obtained data and develop systematic utilization thereof.
3 Cooperate with other commissions and public and private agencies of Yakima County, Washington,
State, and the United States in planning endeavors.
4. Develop programs of Intergovernmental cooperation for the benefit of members.
YVCOG Governance Agreement - 5
D. Technical Assistance. The Conference may provide technical assistance to local, state and federal
governments through regional data collection and forecasting services, consistent with the purpose, functions, and
budget of the agency. In addition, the Conference may provide technical assistance with respect to transportation,
economic development, land use and other planning and program functions as authorized by the Executive
Committee. The Conference may also provide technical assistance to other agencies not listed herein, provided such
agency is an approved Associate Member in good standing per the Articles of Association.
E. Discussion Forum. The Conference may provide a forum for discussion among local, state and federal officials
together with other interested parties on issues or matters of common regional interest or significance.
F. Other Functions. The Conference shall, insofar as possible:
1. Coordinate general planning among and for the participating members;
2. Provide a written report to the members each year;
3. Prepare, approve and administer an annual budget, which includes setting the amount Voting Members'
and non-voting Members' dues; hire an Executive Director (who shall hire and supervise employees); hire
consultants; engage professional accounting, legal and other services as needed; sue and be sued, and
4. Other such additional, modified or removed functions and authorities as shall be authorized by the
Executive Committee.
Section 3
BYLAWS
The authority to make, amend, or repeal bylaws is vested in the Conference so long as such bylaws are consistent
with the provisions of the Articles of Association and applicable laws. Bylaws for the Conference, as revised, are
included in Exhibit B, attached hereto and fully incorporated herein.
Section 4
JURISDICTIONAL BOUNDARY
The Regional Transportation Planning Organization (RTPO) boundaries include all of Yakima County, which area is
designated as the Yakima Valley Metropolitan Statistical Area (MSA) by the federal Office of Management and Budget
Office. The Metropolitan Planning Area (MPA) boundary consists of the Urbanized Area ("UZA") as defined by the US
Census, the contiguous geographic areas likely to become urbanized in the next 20 years, plus the adopted Urban
Growth Areas of Selah, Moxee, Naches, Yakima and Union Gap. The MPO was established in 1974 by the Governor of
the State of Washington. The RTPO was established in 1991. All references to the "region" or "Valley" in this
agreement shall mean the political boundaries of Yakima County unless changed by the Policy Board.
Section 5
MEMBERSHIP, EXECUTIVE COMMITTEE AND POLICY BOARDS.
A. Governing Body — Members. The Conference shall be governed by its membership in accordance with its
organizational documents (the Articles of Association and Bylaws, as revised; Exhibits A and B) in this agreement.
Membership in the Conference shall include representatives of the participating members including the county, cities,
towns, ports or other municipal corporations and Tribal governments with its representative being the elected chief
executive or designated official by the governing body of the member.
YVCOG Governance Agreement - 6
B. Executive Committee. The internal administration, programming, procedures and practices of the
Conference, together with any other duties and responsibilities as delegated by the general membership, shall be
vested in an Executive Committee. The Executive Committee shall not, however, exercise authority or responsibilities
with respect to MPO and RTPO functions and authorities which shall be the responsibility of the Transportation Policy
Board.
C. Transportation Policy Board. The Transportation Policy Board (also referred to herein as "Policy Board") is
established by the Conference with authority to carry out (1) the RTPO functions set forth in RCW Ch. 47 80 and
WAC Ch. 468-86, as currently adopted or hereafter amended, and (2) the MPO functions for the Yakima Valley
Urbanized Area as set forth in 23 USC 134, 49 USC 5303, 23 CFR Parts and 450 and 50, and 40 CFR Part 613, as
currently adopted or hereafter amended. The composition of the Policy Board shall remain consistent with federal
and state law as currently adopted or amended. Should such state or federal law change, the composition of the
Policy Board shall be automatically adjusted to comply with such changes without requiring this agreement to be
amended or approval by the membership.
1. Designation of Policy Board Representative. The Transportation Policy Board shall consist of the seven
(7) members of the YVCOG Executive Committee plus three (3) additional voting members as described
below. Each participating member shall be represented by its duly elected chief executive or by an official
designated by the governing body of the member. The member -at -large shall be a resident of Yakima
County. The representative of the major employer group will be recommended by the governing board of
the Yakima County Development Association (YCDA, or New Vision), or a Chamber of Commerce, and shall
be confirmed and appointed by the Policy Board. WSDOT shall designate a high-level staff person to serve
on the Policy Board. WSDOT shall designate its representative appointment in January of each year.
2. Ex Officio Members. Any member of the Washington State House of Representatives or Senate
whose districts are wholly or partly within the boundaries of the regional transportation planning
organization shall be an ex officio, nonvoting member of the Transportation Policy Board.
3 Voting and Ex Officio Members. Each such membership shall either be a Voting Membership or an
Ex -Officio Membership as set forth below
a. Voting representation on the Policy Board of the MPO/RTPO shall be as follows:
Table 1 - Transportation Policy Board Representation
Member/Agency
Policy Board
YVCOG Executive Committee
7
WSDOT
1
YCDA/Major Employer Representative
1
Transit or Paratransit Provider
1
Legislative Delegation
Ex officio
Total
10
b. At the Policy Board's discretion, ex -officio membership shall also be open to other governmental
and non-governmental entities when elected to membership by a majority of the Policy Board,
and shall be effective upon their delivery of their written assurance that they will comply with this
Agreement and the YVCOG bylaws. Ex -Officio members of the Organization are non-voting.
4. Purpose. The purpose of the Transportation Policy Board shall be to exercise on behalf of and in
association with the Yakima Valley Conference of Governments the authority pursuant to this
Agreement and under federal and state laws as the Yakima Valley Metropolitan Planning Organization
and the Regional Transportation Planning Organization for Yakima County.
5. Duties. The Policy Board has the powers, duties, authority, functions and responsibilities set forth
YVCOG Governance Agreement - 7
herein and otherwise prescribed by law, including but not limited to the following.
a. To approve the transportation work program (Unified Planning Work Program);
b. To approve consultant contracts consistent with the Unified Planning Work Program;
c. To certify local comprehensive plans are consistent with the Regional Transportation Plan,
d. To select projects in Yakima County to be funded with regionally managed funds, except those
projects seeking Transportation Alternative Program Funds;
e. To manage the transportation improvement program for projects within Yakima County as per
state and federal law;
f. To elect a Transportation Policy Board Chairperson and Vice -Chairperson
g. To establish committees consistent with Section 9 above;
h. To perform transportation planning activities for members as described in the approved work
program
6. Transportation Work Program and Budget. The Policy Board shall prepare, adopt, and amend as
necessary a proposed work program and budget for each fiscal year beginning July 1 of every year.
The detailed Unified Planning Work Program shall list specific work projects to be undertaken by the
MPO/RTPO in keeping with the requirements of the biennial Metropolitan/Regional Transportation
Planning Organization Agreement with WSDOT. The Executive Director shall confer with and inform
members concerning the preparation of and progress on the implementation of work programs and
projects.
MPO/RTPO administration and operations shall be funded through such federal, state, local and/or
private funding as may become available and as appropriated therefore by statute, resolution or
ordinance. The biennial appropriation from WSDOT to carry out the regional transportation planning
program shall be distributed to the YVCOG, the RTPO's lead planning agency.
Section 6
INDEMNIFICATION INSURANCE AND LIABILITY
A. The Conference shall defend, indemnify, and hold harmless all employees. No member representative shall
be personally liable for any monetary damages for conduct, action, or inaction as a member representative,
unless such conduct involves intentional misconduct or a knowing violation of law. The Council shall obtain and
keep in force third party liability insurance related to its activities with commercially reasonable liability limits
and deductibles. To the extent practicable, the Conference shall cause its members to be named as insured
under such policy(ies).
B. No Member or Member Representative shall be personally liable for any monetary damages for conduct,
action, or inaction as a member representative, unless such conduct involved intentional misconduct or a
knowing or willful violation of law.
Section 7
GENERAL PROVISIONS
A. Adoption and Effective Date. The effective date of this Agreement shall be as of the date last signed by
the County and, at least sixty percent (60%) of the cities and towns within the Conference boundaries that
represent seventy-five percent (75%) of the cities' and towns' population. This Agreement shall be binding
upon the members who have executed this Agreement, their successors and assigns; provided, that upon such
execution, all prior agreements relating to the formation of the YVCOG or its predecessors shall be deemed
terminated and replaced herewith. Thereafter, no city, town, tribe or special district shall be a member of the
YVCOG or the Yakima Valley Transportation Policy Board until its governing body shall have approved this
Agreement.
YVCOG Governance Agreement - 8
B. Amendment. This Agreement may not be amended, supplemented or otherwise modified unless
expressly set forth in a written agreement executed by all members and adopted by resolution of each
member's legislative authority or governing body.
C. Savings. If any portion of this Agreement, or its application to any person or circumstances, is held or
determined to be invalid, such holding or determination shall not affect the validity or enforceability of any
other term or provision and the application of this Agreement to other persons or circumstances shall not be
affected.
D. Counterparts. This Agreement may be executed by the members using duplicate counterparts.
Exhibits
Exhibit A. YVCOG Articles of Association, as revised
Exhibit B. YVCOG Bylaws, as revised
YVCOG Governance Agreement - 9
PARTICIPANTS Participants in this agreement shall be whichever of the parties ratify this agreement. In the event
any party fails to ratify this agreement, such action shall not affect this agreement as it pertains to the remaining
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands.
CITY OF YAKIMA
By:
Title:(!t l �Lr vl - z� Date: �%� Title tet) 04 c47--- . Date: F/7 -7k
CITY CONTRACT NO:./2 0/, 0a)
RESOLUTION NO: R -Do/1=3 ` 01
YVCOG Governance Agreement - 10M
Exhibit A
ARTICLES OF ASSOCIATION
of the
YAKIMA VALLEY CONFERENCE OF GOVERNMENTS
WHEREAS, the parties to this agreement recognize that the orderly growth and
development of Yakima County, its cities and towns, and governmental subdivisions are matters
of mutual concern to all parties hereto, and
WHEREAS, the parties to this agreement recognize an existing need for frequent
communication and cooperation among themselves as matters common to, and affecting the
public governed and served by the various parties to this agreement so that the best interests of
the public may be served by coordinated plans and programs resulting in efficiency and economy
in local governments, and
WHEREAS, the parties to this agreement recognize the need to make technical services
in the areas of planning, administration of programs and grants, and other services available to
their jurisdictions in a cost effective manner, now, therefore,
IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
Pursuant to Sections 36.70.060, as amended, and Sections 36.64.080 through 36.64.110,
all of the Revised Code of Washington, be it resolved that the Cities of Yakima, Sunnyside,
Toppenish, Grandview, Wapato, Granger, Harrah, Mabton, Moxee, Naches, Selah, Tieton, Union
Gap, Zillah, the County of Yakima and the Tribal Council of the Confederated Bands and Tribes
of the Yakama Indian Nation do hereby organize and establish a regional agency, hereinafter
referred to as the "Conference." Be it further resolved that the aforementioned Sections of the
Revised Code of Washington provide the basis for defining activities of the Conference, but are
not intended to limit the Conference's ability to conduct any activity on behalf of the member
jurisdictions that can be legally assigned or contracted by the jurisdiction. In this regard, the
Conference may be designated by all or some of the member jurisdictions as the legal and
administrative entity described in RCW 39.34.030 to perform projects of mutual concern under
the Interlocal Cooperation Act, provided these activities are in keeping with the intent of these
Articles of Association.
Articles of Association of the Page 1 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
ARTICLE I
Name
The name of the regional agency so organized and established shall be the "Yakima
Valley Conference of Governments."
ARTICLE 1I
Purpose
The Conference shall generally concern itself with the orderly growth and development
of Yakima County and the cities, towns, communities and other governmental subdivisions
within Yakima County, and shall serve as a liaison committee to develop and promote
communication, understanding, and cooperation among the Conference participants on matters
common to, and affecting the public served by the participants in the Conference so as to assure
the coordination of plans and programs of participants in the Conference. In addition, the
Conference will provide technical services to aid the administration of grants and programs and
to provide other services to enable the coordination of multi jurisdictional programs in a manner
that provides greater expertise and lower costs to the member jurisdictions.
Among other things, the Conference shall specifically serve its participants with respect
to the following subjects:
(a) To suggest and assist in establishing long range planning goals for Yakima
County, the urbanizing area in and around the City of Yakima, and for other cities, towns,
communities and other governmental subdivisions within Yakima County, and to engage in a
continuing and cooperative planning effort and program in order to serve the best interests of the
people of Yakima County.
(b) To assist in the preparation of plans relating to land use, transportation, sewer and
water, parks and recreation, human services, housing and other community development
activities in the urbanizing area in and around the City of Yakima, and for other cities, towns,
communities and other governmental subdivisions within Yakima County.
Articles of Association of the Page 2 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
(c) To assist in the planning and coordination of proposed projects which may
involve Federal or State financial participation, and to assist in the review of such project plans
so as to assure compliance with areawide comprehensive plans.
(d) To contract or hire technical and administrative staff to perform the work program
of the Conference, including planning, grant administration, and other services whereby the
Conference as a whole or the individual members can receive increased expertise or reduced
costs.
The Conference shall further consider other specific subjects of mutual concern to the
various participants in the Conference when requested to do so from time to time by participants
in the Conference or when, in the opinion of the representatives of the Conference, it appears that
other plans and programs should be developed as being in the best interests of the public served
by the participants in the Conference.
ARTICLE III
Boundaries
The boundaries of the jurisdiction of the Conference shall be coterminous with the
boundaries of Yakima County.
Articles of Association of the Page 3 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
ARTICLE IV
Membership
General membership of the Conference shall be composed as follows:
Governmental Unit Commissioners or Council member Planning Commission Members
Yakima County 3 1
Cities with Population over 60,000:
Yakima 2 1
Code/Unclassified/Second Class Cities with Population 3,000 to 60,000:
Grandview 1 1
Selah 1 1
Sunnyside 1 1
Toppenish 1 1
Union Gap 1 1
Wapato 1 1
Towns/Code Cities with Population under 3,000:
Granger 1
Harrah 1
Mabton 1
Moxee 1
Naches 1
Tieton 1
Zillah 1
Yakama Tribal Council 1
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1
Terms of Conference members shall coincide with their elected or appointed terms of
office or as determined by the respective legislative bodies.
The failure of any governmental unit, named above, to designate representatives to, or
participate in, the Conference shall not affect this agreement as it relates to the remaining parties
hereto.
Articles of Association of the Page 4 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
ARTICLE IV -A
Associate Membership
Associate Membership of the Yakima Valley Conference of Governments shall be
composed as follows:
The opportunity for the designation of Associate Member of the Yakima Valley
Conference of Governments shall be made available to governmental organizations,
agencies and special service districts upon making written application to the YVCOG
office. Following the submission of an application(s), the YVCOG Executive
Committee, at its next regular meeting, will review the Associate Membership
application(s). The Executive Committee will base its approval or disapproval of
applications on the need for the services provided by YVCOG, and the overall benefits
the specific membership application will have on the Yakima Valley Conference of
Governments' purposes and goals.
Associate Membership Privileges
The Associate Member will receive notification of all YVCOG meetings, conferences,
work sessions, and will be included in all general membership activities. The Associate Member
will also receive the YVCOG monthly newsletter and other YVCOG publications which are
developed by any members or the YVCOG staff. Associate Members will have the opportunity
to contract with the YVCOG for technical planning assistance at the prevailing rate.
The Associate Member does not retain voting privileges in the YVCOG. The authority to
make motions, seconds, and hold Executive Committee positions is not provided.
Associate Member Fees
A yearly fee to be determined by the budget subcommittee and approved by the General
Membership in October will be mandatory for accepted non-profit applicants to retain their
Associate Membership status in the subsequent year.
The failure of any Associate Member to keep current their yearly fees will result in
forfeiture of Membership status and require reapplication.
Articles of Association of the Page 5 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
ARTICLE V
Officers
The officers of the Conference shall consist of a Chairman and Vice -Chairman who shall
also serve respectively as Chairman and Vice -Chairman of the Executive Committee.
ARTICLE VI
Executive Committee
The internal administration, programming, procedures and practices of the Conference,
and any other duties and responsibilities as may be delegated by the general membership of the
Conference shall be vested in an Executive Committee which shall be composed of the
following:
Jurisdiction/Area Number of Representatives
on Executive Committee
Area 1 (Selah, Naches, Union Gap, Moxee, Tieton) 1
Area 2 (Toppenish, Zillah, Wapato, Harrah) 1
Area 3 (Grandview, Granger, Mabton) 1
City of Sunnyside 1
City of Yakima 1
Yakima County 1
Member At Large 1
TOTAL EXECUTIVE COMMITTEE MEMBERS 7
The Member at Large position may be filled by any person who resides within Yakima
County. The Executive Committee shall be selected in the manner set forth in the Bylaws for the
Conference.
ARTICLE VII
Meetings
Meetings of the Conference and the Executive Committee shall be held at such times and
places as the Conference shall determine and specify in its Bylaws.
Articles of Association of the Page 6 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
ARTICLE VIII
Finances
The sources of funding for operation of the Conference shall be the following:
(a) Annual assessment to member agencies.
(b) Contracted fees.
(c) Grants, donations, or other sources.
The Executive Committee shall annually, prior to October 1, prepare a recommended
balanced budget for the ensuing calendar year in the form provided for County budgets. The
budget shall include income from recommended assessment of member agencies, anticipated
contract fees, grants, donations and other sources.
The budget shall be submitted to each representative of the member jurisdictions within
seven days of the Executive Committee's action for the purpose of preliminary review.
At the October General Membership meeting a balanced budget will be adopted, by
Resolution, by the Conference and recommended back to the member jurisdictions within seven
days. After reviewing the work program and the assessments, each member jurisdiction shall
notify the Conference in writing by December 31 of their intent to continue participation in the
Conference at the specified assessment or to terminate their participation.
The financial operation of the Conference shall be subject to all applicable State statutes
governing budgeting and auditing procedures.
ARTICLE IX
Contracts and Contractual Services
The Conference may employ any consultants deemed necessary to carry out the purposes
and functions of the Conference.
The Conference may contract generally and enter into contract or reasonable agreement
with the Federal Government, the State, any municipal corporation and/or other governmental
agency for the purpose of providing technical services, administration, planning and/or
conducting studies of problems of mutual concern and may receive grants and gifts in
furtherance of such programs.
ARTICLE X
Bylaws
Articles of Association of the Page 7 of 8 Pages
Yakima Valley Conference of Governments
Exhibit A
The Conference shall adopt Bylaws to carry out the purposes and objectives set forth in
the Articles of Association.
ARTICLE XI
Amendments
Amendments to the Articles of Association will be recommended by a two-thirds
majority of the members present at any regular or special meeting of the General Membership as
outlined in Section I, Paragraph I of the Bylaws. Recommended amendments will be forwarded
to the legislative body for each member jurisdiction for approval. Approval by two-thirds of the
member jurisdictions is sufficient to ratify any amendment to these Articles of Association.
Revised: February 21, 1984
January 1985
September 20, 1989
December 17, 1997
September 19, 2001
May 19, 2004
December 13, 2006
September 15, 2010
December 09, 2015
March 15, 2017
Articles of Association of the Page 8 of 8 Pages
Yakima Valley Conference of Governments
Exhibit B
BYLAWS
of the
YAKIMA VALLEY CONFERENCE OF GOVERNMENTS
SECTION I - MEETINGS. Business portion of the General Membership will begin at 7:30 p.m.,
on the third Wednesday of January, March, May, September, October, and the second
Wednesday of December at alternating locations throughout the County. The meeting held in
January of each year shall be considered as the annual meeting. Special meetings of the general
membership may be called by action of the Executive Committee. Written notice of any special
meeting shall be given to each member at least seven (7) days prior to said meeting.
Meetings of the Executive Committee each year shall be held at 1:30 p.m. on the third
Wednesday of January and February and on the third Monday of each month thereafter at a place
to be agreed upon by members of the Executive Committee. If at any time any regular meeting
falls on a holiday, such regular meeting shall be held on the next business day. All meetings of
the Executive Committee shall be open to members of the Conference and all other interested
persons. A copy of the agenda shall be sent to all members of the Conference at least seven (7)
days prior to the meeting. Any regular meeting of the Executive Committee canceled due to lack
of a quorum will be rescheduled for the following week, with adequate notice provided to all
concerned.
SECTION II - QUORUM.
a. Executive Committee
Unless otherwise specified herein, a majority of the voting members of the Executive
Committee shall constitute a quorum for the transaction of any business that may come before
any meeting of the Executive Committee.
b. General Membership
Unless otherwise specified herein, seven (7) voting members of the General Membership
of the Conference shall constitute a quorum for any transaction of business that may come before
any General Membership meeting of the Conference.
Bylaws of the Yakima Valley Conference of Governments Page 1 of 4 pages
Exhibit B
SECTION III - VOTING.
a. Executive Committee
Each member of the Executive Committee shall be entitled to one (1) vote on any matter
that comes before the Executive Committee. A vote of the majority of the quorum present at any
of the Executive Committee meetings shall be required to decide any question.
b. General Membership
Each member of the Conference shall be entitled to one (1) vote on any matter which
comes before the General Membership. A vote of at least seven (7) members of the quorum
present at any General Membership meeting of the Conference shall be required to decide any
question; provided, that when fourteen (14) or more members of the Conference are present, a
majority shall be required to decide any question.
A list of all names of the members and appointed alternates of each governmental unit
shall be submitted to the Chair ten (10) days prior to the January annual meeting each year. At
that annual meeting only appointed members or alternates shall vote.
Each General Membership member shall be entitled to have an alternate appointed by the
respective legislative body which they represent; provided, that the alternate shall be an elected
or appointed official. The legislative body of towns/code cities with population under 3,000
shall be entitled to appoint an employee of the city empowered to vote by proxy in the event their
regular representative or alternate cannot attend a meeting, provided that said employee may not
sit or vote on the Executive Committee.
SECTION IV - ELECTION OF EXECUTIVE COMMITTEE OFFICERS.
A nominating committee shall be appointed by the Chair at the December meeting of odd
—numbered years. The nominating committee shall meet prior to the annual meeting to nominate
candidates for the Executive Committee, choosing from names of officials as specified in Article
VI of the Articles of Association. At the annual meeting of even -numbered years, which is the
January meeting of each year, the Conference shall elect seven (7) members of the Executive
Committee as specified in Article VI of the Articles of Association. Executive Committee
members shall serve for a two-year term. Each of these seats for the Executive Committee will
be decided by individual ballot or voice vote dependent upon the wishes of the Chair. After the
nominating committee gives its report, nominations for the position will be opened from the
floor. After all nominations are received a vote will be taken. Chair and Vice Chair will be
selected by the newly seated Executive Committee at their first meeting as the first order of
business. All persons considered for Chair or Vice -Chair must be members of the newly seated
Executive Committee.
Bylaws of the Yakima Valley Conference of Governments Page 2 of 4 pages
Exhibit B
SECTION V - VACANCIES. In the event of a vacancy in the office of Chair, the Vice -Chair
shall succeed to said office. In the event of a vacancy in the office of Vice -Chair, the Executive
Committee shall elect a new Vice -Chair from the Executive Committee. In the event of a
vacancy in the Executive Committee, the Executive Committee shall elect a new member from
the Conference membership in whatever manner the Executive Committee shall determine.
SECTION VI - DUTIES OF OFFICERS, EXECUTIVE COMMITTEE, AND GENERAL
MEMBERSHIP. The duties of the officers shall be those usually pertaining to their respective
offices.
The Executive Committee shall have the authority to decide upon all matters affecting the
internal administration, procedures, practices and programming of the Conference; processing
and review of all programs or projects which may be submitted to the Conference for comment
and recommendations; and coordination of intergovernmental relations and activities including
the interchange or exchange of information among the governmental units or agencies
concerned. These duties include:
(a) The Executive Committee is authorized to accept and/or authorize contracts and
contract revisions in line with the annual budget and the Conference's work program, including
allocating revenue made available through new or revised contracts.
(b) The Executive Committee is responsible to direct staff activities.
(c) The Executive Committee is responsible for developing an annual balanced budget for
recommendation to the General Membership and is authorized to make routine revisions to any
budget category within the adopted balanced budget, so long as individual expenditure and/or
revenue revisions are in keeping with the overall work program of the Conference.
(d) The Executive Committee may assume other responsibilities in keeping with their
station and the efficient day to day operation of the Conference.
All matters relating to fiscal policy, organization or re -organization and/or public policy,
as distinguished from matters of internal administration, shall be processed through the
Executive Committee for their review and recommendation to the Conference. All matters of
public policy as distinguished from matter of internal administration, procedures, practices and
programming, shall have consent of member legislative bodies affected by such policy. The
General Membership will be responsible for adopting, by Resolution, an annual budget and work
program and setting forth appropriate policies to guide the Executive Committee's activities.
Bylaws of the Yakima Valley Conference of Governments Page 3 of 4 pages
Exhibit B
SECTION VII - COMMITTEES. Committees may be established and appointed by the Chair of
the Conference to assist the Conference in the performance of its functions. Committees may be
composed of Conference members, other elected or appointed official governmental employees
or citizens with particular knowledge or talent to contribute to the work of the committee.
SECTION VIII - AMENDMENTS. These Bylaws may be amended at any regular or special
meeting of the General Membership by a majority vote of members constituting a quorum;
provided, however, that a copy of the proposed amendment has been mailed to each member at
least fourteen (14) days prior to the meeting at which the vote to amend is taken.
Revised January 18, 1989
Revised September 20, 1989
Revised December 17, 1997
Revised December 13, 2000
Revised September 19, 2001
Revised March 20, 2002
Revised December 13, 2006
Revised October 17, 2007
Revised December 12, 2012
Bylaws of the Yakima Valley Conference of Governments Page 4 of 4 pages
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 12.
For Meeting of: January 16, 2018
ITEM TITLE: Resolution approving the updated Governance Agreement for the
Yakima Valley Conference of Governments (YVCOG)
SUBMITTED BY: Cliff Moore, City Manager
Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
YVCOG is asking that all cities participating in the YVCOG group sign an updated governance
agreement regarding the governance of the organization. The original documents were lost in a
fire, and this agreement will replace those lost documents.
This did not go through a Board or Committee due to the fact that it is a governance agreement
for a third party in which the City has an interest. The governance agreement was drafted by
YVCOG for Yakima's review and comment. City staff reviewed the document and provided
comments. The final version is provided for Council review and adoption if desired. Larry Mattson
will be present to answer any questions.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD/COMMITTEE RECOMMENDATION:
N/A.
ATTACHMENTS:
No
NA
Description Upload Date
D Res-YVCOG Governance Agreement 1/512018
D YVCOG Governance Agreement -Updated Jan 2018 1/5/2018
D exhibit A 1/10/2018
Di exhibit B 1/10/2018
Type
Resolution
Contract
Cover Memo
Cover Memo
2