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R-2019-105 Sharing Transit Planning Information; Revised Agreement with YVCOG
RESOLUTION NO. R-2019-105 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 18th, 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 19th day of November, 2019 ATTEST. Sonya ClaartT_ e, City Clerk 1 *'` h • . Vr ASV�\`. AGREEMENT RELATING T0MUTUAL RESPONSIBILITIES IN CARRYING OUT THE METROPOLITAN TRANSPORTATION PLANNING PROCESS IN THE YAKIMA VALLEY CONFERENCE OF GOVERNMENTS METROPOLITAN PLANNING AREA This AGREEMENT is entered into.by the Washington State Department of Transportation (WSDOT), Yakima Valley Conference of Governments (YV1COG). and Yakima Transit, collectively referred to as the ^Partieo^and individually aa^Part«^inthis AGREEMENT. RECITALS WMER|EAS. Y\/C[)G as the Metropolitan Planning Organization (K8PC) designated for the Y\/COG Metropolitan Planning Area (MPA), is charged with the responsibility of carryingouttranopodmtion planning and programming processes that lead tothe development and operation ofonintegrated, intermodal transportation system; and WHEREAS. VVGDOTiothe state highway agency as referenced in Title 23 C.F.R. and Title 4gC.F.R. with the responsibility to preeen/e, nnanoAe, and operate the state-owned transportation aystenn'o facilities and services including, but not limited to, highxvoyo, forrion, oirports, and rail; and WHEREAS, Yakima Transit is operated and maintained bv@municipal corporation, the City ofYakima, pursuant to RCVV 35.582721, 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 bv23C.F.R. §45O.2O6 and is the administrator ofall federal planning funds received, ortoba received, for carrying out the planning processes medefined in23U.S.C. §1O4(b)/C>\and 4SU.S.C. §53O5(d);and VVHEF(E/\S.VV8OOTienanponsib|efmrda|ivehngafedenaUyconhp|iontetmtexvdetnannportationp|an. 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 /Fl7\\tothe K8P[>e in Washington, including Y\/COG; and VVHERE/\0, it is mandated and consistent with federal requirements to formalize the roles and responsibilities ofY\/COG.VVSDOT.and Yakima Transit inorder 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 |amfu|, practicmb|e, and in good faith. NOW, THEREFORE, pursuant to the Washington Interlocal Cooperation Act, RCW 39.34, it is mutually agreed as follows: WSDOT Agreement GCB137O Page 1of12 AGREEMENT 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 WSDOT Agreement GCB 1370 Page 2 of 12 coordination with the statewide transportation planning processes conducted by WSDOT as required by 23 C.F.R. Port45O (Subpart B) and4S U.S.C. G 5303. 3'2 YVCOG Board and Committee Structure Y\/C{]G operates through a board that has adopted bylaws establishing its offioers, voting pm000durea, oomnmittee8, public partioipaUmn, and pa|obad matters (Y\/CClG Board or Board). VVS[}OT and Yakima Transit participate aovoting members ofthe Y\/CC}C3Board. 3'2'1 YVCOG has established a Board of Directors, the purpose of which is to hold meetings, appoint committees and task forces, and generally promote cooperative and coordinated transportation planning/programming processes, to adopt a MTP, to select and program transportation grant funds as directed by federal and state law, and perform other duties pursuant to applicable federal and state 3.2'2 Such Board of Directors has established a Regional Transportation Advisory Committee (RTAC).which coordinates and guides the Regional Transportation Planning (RTF) program in accordance with Board policy. The RTP pnognmnn includes those tasks to carry -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 for funding. }"VCC)G in responsible for coordination and administration of the RTAC. WSDOT and Yakima Transit agree toprovide information and updates tothe RTAC about their respective p|ans, studies, and programs. 3.3 YVCOG Unified Planning Work Program On an annual or biennial bmeie. YVCC)G develops a Unified Planning Work Program (UP\8/P) consistent with 23 C.F.R(. § 450.308. that d000hbeo, to the extent pn8ctic@b|e, all major transportation and related public transportation planning activities in the MPA for the next one (1) or two (2) year period. The UPVVF'shall include abudget that outlines Y\/C[)G'ework activities tobeconducted, the schedule for completion and the work to be produced to carry -out the K8P(]'o duties under 23 C.F.R. Part450 (Subpart C). 3.3'1 Between January and May ofeach year, orevery other year, YVCOG.incooperation with VVSOOT.Yakima Transit, and ' the local jurisdictions and other members mfY\/COG.will prepare the UPVVPaorequired by23C.F.Fl. §45O.3OO.The work program will bereviewed bythe RTAC. distributed for public review consistent with the YVCOG Public Participation P|an, and approved by the YV[|[)GBoard. The UPVVPand budget may beamended @t any time byYVCC)Ginaccordance with its adopted operational procedures and pending approval by WSDOT, FTA, and FHWA. 3'3.2 BvDecember 31 ofeach year, VV8DOTwill provide written notice toYVCC)Gofexpected allocations ofFH\8/A Planning Funds (PL). Fl7\Section 5803funds. and State Regional Transportation Planning Organization funds (RTPO Funds), and any other State administered funds that are available to YVCOG for the following State fiscal year. 3.3.3 YVCOG agrees to coordinate with WSDOT and Yakima Transit in developing and preparing the UP\8/Pwork program. Yakima Transit agrees toprovide YVCOGwith the public transportation planning components for the area within Yakima Transit's benefit area and WSDOT agrees to provide YVCOG with the State's transportation planning work components within the YVCOG MPA. The Parties agree to cooperatively review their proposed work components to enhance coordination and avoid duplicate planning work efforts. VVGD0TAgreement GCB 137O Page 3of13 3.4 Boundary Designation The MPA boundary requirements are defined within 23 C.F.R. § 450.312 and for YVCOG as agreed to between YVCOG and the Governor of Washington. The YVCOG planning process is conducted within the defined MPA boundary. 3.4.1 The MPA boundary will be reviewed by YVCOG if new urbanized area boundaries are established following each decennial census, and at intermediate intervals as prompted by requests by local or state governments to modify the current MPA boundary. Boundary adjustments shall conform to the procedures defined in 23 C.F.R. § 450.310 and 23 C.F.R. § 450.312. 3.4.2 YVCOG shall prepare and maintain a description and map of the current YVCOG MPA boundary, and make it available to its member agencies and the public. 3.5 Regional Data Coordination An integral part of the development and maintenance of the RTP process is a coordinated and consistent monitoring of the performance of the regional transportation system within the MPA. The Parties agree to coordinate in the collection, analysis, and dissemination of data in support of the RTP process. 3.5.1 To help ensure consistency in planning activities, YVCOG shall periodically provide WSDOT and Yakima Transit with current and forecasted demographic, economic, transportation, and other appropriate data as is mutually agreed upon by the Parties. Data distributed by YVCOG for these purposes will be considered the official regional data set for the purposes of RTP, programming, and air -quality conformity analysis. Such Data Requests will be coordinated and processed according to YVCOG's established Data Request policy. Data Requests to WSDOT and Yakima Transit will be coordinated and processed according to their established Data Request procedures. 3.6 Regional Travel Demand Model YVCOG develops, maintains, and updates the regional travel demand model that is used for the MTP and TIP, transportation studies, and for evaluating transportation related air quality impacts within the YVCOG MPA. YVCOG agrees to consult with WSDOT and Yakima Transit regarding various modeling issues, including software platforms, data requirements, and overall model performance for such regional travel demand model. YVCOG agrees to provide the model and information from the model to WSDOT and Yakima Transit for their own planning purposes. Data distributed by YVCOG for these purposes will be considered the official regional travel demand model for the purposes of RTP, programming, and air -quality conformity analysis. Data Requests from WSDOT and Yakima Transit for model information will be jointly coordinated and processed according to YVCOG's established data request policy. 3.6.1 WSDOT and Yakima Transit may modify the YVCOG travel demand model to meet their specific planning purposes. When such modifications are made, WSDOT and Yakima Transit agree: 1) to provide a written list of the modifications to YVCOG; and 2) that the modified model will not be portrayed publicly or privately as the YVCOG travel demand model, unless prior written consent is provided by YVCOG, to the extent this Section 3.6.1 is consistent with RCW 42.56, the Public Records Act. 3.7 Self Certification and Federal Certification At least every year and as part of the submittal of the proposed TIP, YVCOG and WSDOT shall certify that the metropolitan transportation planning process is being carried out in accordance with all applicable federal planning requirements (23 C.F.R. § 450.336). YVCOG is responsible for ensuring compliance with the applicable federal regulations, and agrees to coordinate with WSDOT and Yakima Transit throughout the federal certification process. WSDOT Agreement GCB 1370 Page 4 of 12 SECTION 4: TRANSPORTATION PLANNING 4.1 Metropolitan Transportation Plan The IVITP is the comprehensive transportation planning document for the YVCOG MPA. As the designated MPO, YVCOG agrees to prepare, adopt, and maintain a IVITP in accordance with 23 C.F.R. §45O.324and 49U.G.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 K8TP. YVCOG agrees to transmit the adopted IVITP for use by WSDOT, Yakima Transit, the Federal Highway Administration (FHVVA).and the Federal Transit Administration (Fl7\). 4.1'1 The Parties agree to monitor internal p|ans, studien, and other activities to identify potential issues or conflicts with the IVITP and will work together to take actions with a goal to resolve any potential issues orconflicts. \NS[}[]Tand Yakima Transit agree bJprovide technical assistance, data, and information to YVCC)Gduring the development oramendment Vfthe yVITP. 4'1'2 Y\/COG agrees to consult and coordinate with WSDOT and Yakima Transit during the K8TPuodate process bJensure continued consistency between the State Transportation Plan (33 U.S.C. §45O.218) and the long range transit plan (48 U.S.C. Q 5303). The Parties agree to coordinate na|otod planning activities and studies to promote consistency between nletropo|itan, transit, and statewide planning strategies and outcomes. This includes mutual consideration of visions and priorities articulated in each entity's transportation planning documents and projectidentifiomUon processes. 4.1'3 MTPannondmnents are generally undertaken for purposes that include, but are not limited to adding, de|eUng, significantly changing a regionally significant project, or changing a project between scheduled K8TPupdates tnmaintain noless than a 2O-yearplanning horizon aoofthe effective date of the K8TP.The effective date is the date mfK8TP adoption. `pVC[){Swill ensure that K8TPamendments adhere to relevant federal planning requirements and are developed and adopted through the metropolitan transportation planning process. When YVCOG determines that anupdate ofthe K8TPie nooeeagry, it will noUfvVVSDOT and Yakima Transit in writing. This notification shall include information regarding both the update process and the schedule that Y\/C[)Gintends to follow. YVC)C)Gwill consult and coordinate with VV8DOTand Yakima Transit asitdevelops potential modifications tothe yWTP. After the Y\/COGBoard's approval of such plan updates, YVCOG will notify and transmit to WSDOT and Yakima Transit inwriting the final Board -approved K8TP. 4.2 Statewide Plans The State also develops p|anm, including statewide transportation p|ana, 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 i8committed bJupdate aoper the stewardship agreement with the Federal Highway Administration and the Federal Transit Administration. This plan is a requirement that o||ovvs the state to receive federal surface transportation funds for cities, countioa, and state highways. NThe StrategicHighway Safety Plan (Target Zero) that iodeveloped incooperation with Target Zero partners, including the Washington State Traffic [onnnnioaon. 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 VVSDOTAgreement GCB 137U Page 5of12 o) 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 aUovvo 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 tothe YVC[)G K8PA is nemaasary, 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 IVIPOs, including YVCOG, and with Yakima Transit during this process to assure continued consistency with the K8TP. Upon approval of such updates. VVSD[)Tvvi|| formally notify YVCC)G in writing of the final content ofthe updates. 4.2'2 VV8[)C)Tand YVC(]Gwill ensure that all statewide transportation plan components and elements that relate tothe Y\/COG K8P/\and the region'o K8TPahaU be consistent. VVSO[Tagrees that the long range statewide transportation p|on, in relation to the YVCC)G IVIPA, ehmU be developed in 000peradionvvithYVCOG.asrequingdby23C.F.R.G45U.210(g).Thaetate-oxvnedconnponontofthe highway system p|an, which includes preservation, maintenance, mpermUona, aafoty, and capacity improvement elements for state owned facilities shall serve mothe basis for VVSDC)T'a1O-yearCapital Improvement and Pnaoen/oUon Program C|PP) and VVSC)C)T'o 2-year biennial budget request to the legislature pursuant to R|CVV47.O8.O5U. 4.3 Air Quality Conformity Y\/C(]Gioresponsible for compliance with Section 176(o)mfthe Clean Air Act (42U.S.C.@76OG)bx coordinating the development oftransportation plans and improvement programs with the State Implementation Plan (SIP) development process. Y\/COG ehm|| meet rnininnunn Federal conformity provisions as set forth in4O C.F.R. Part 93. The Parties agree to participate in periodic interagency consultation meetings toensure compliance of plans and programs with Federal conformity provisions. 4'3'1 YVCC}G 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. VV8OC}Tand Yakima Transit agree to provide available data to Y\/COGfor regional and hot spot air quality analyses. 4'4 Congestion Management Process Not Applicable. 4.5 Local Coordinated Human Services TransportafiomPlan (HSTP) The Parties shall ensure coordination and consistency between the local coordinated HSTP and other statewide and ragi0na|planning processes maset forth in23C.F. R.Part 45Oand 49C.F.R. Part 613. YVCOG shall lead the development of the HSTP in partnership with Yakima Transit and other providers ofhuman services transportation. 4.6 Roadway Functional Classification `PVCC)[3 agrees to amnietVVSDC)T in developing and maintaining the FH\864 Functional Classification sy*tenn, and to provide comments toVVS[)OT regarding requests from local agencies to designate o roadway orto change the designation of a roadway pursuant to applicable guidelines. WSDOT shall consider comments from YVCOG and shall give consideration to criteria consistent with RCVV47.O5.021 and federal regulations relating to the functional classification of highways. The RTA{} will review local agency roadway reclassification requests and will forward recommendations to VVSOC)Tfor action. 4.7 Transportation Planning Studies and Project Development WSDOT Agreement GCB1370 Page 6uf13 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 WSDOT Agreement GCB 1370 Page 7 of 12 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 Yakima Transit 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 WSDOT Agreement GCB 1370 Page 8 of 12 calendar year. YVCOG agrees to coordinate directly with the WSDOTHighway 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 (80) calendar days of the and 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 Fl7\ funds in the U2A, in o manner that is consistent with the requirements ofthe United States Code and the Code ofFederal Regulations (Program ofProjects). Annually, `fakirnm Transit will provide Y\/COC3 with its recommended Program of Projects for inclusion inthe TIP. Yakima Transit will notify YVC[)Gmfits intended use ofFTAfunds apportioned toYakima Transit under 4QU.G.C. §§53O7.531O.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 ofProjects. SECTION 6 PUBLIC INVOLVEMENT 6'1 YVCOG Public Participation Plan Y/COGYiU proactively develop, ado[t, periodically update and implement public participation p|an, including o Public Involvement Policy, in accordance with 23 U.S.C. § 134(i)(5> and 23C.F.R. § 450.316. To coordinate affective planning and programming activities, the Parties tothis AGREEMENT nhaU, to the nmmxinnunn extant pnactioab|e, 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 inits transportation planning process bJ provide citizene, affected public mQonoiea, 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 oospecified in23C.F.Fl. §45O.318.Yakima Transit agrees, tothe 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 pminba, as required to comply with 23 C.F.R. §45O.21O. To coordinate effective planning and programming activideoVVSDOT. to the nnaxinnunn extent pn8cticab|e, 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 Y\/CCG. \8/SDOT agrees to devo|op, implement, and periodically review a transparent process for the distribution ofFHVVAand FTAplanning funds to YVCC){9.YVCOGagrees towork cooperatively with VVGOOT in this process. VVS[)C)T agrees to coordinate with FHVVAand FTA to develop procedures for the efficient and timely transfer of funds to `pJCC)C9. 7.1'1 Asprovided under 23U.8.C. §1O4Ul\8/GDOThas the responsibility bzallocate the FHVV&PLgrant funds bnK8PC)o./\erequired bv23C.F.F|. §42O.1OS.VV8[)C)Tshall make all PLfunds authorized by 23 U.S.C. § 104(f) available to YVCOG in accordance with a formula developed by VVSDOTAgreement GCB 137O Page Sof12 VVSDOT,inconsultation with the MPOo.and the allocation approved bvthe FHVVADivision 7'1'2 WSDOT also has the responsibility under 49U.G.C. § 5305(d)(2) to allocate the FTAPL 49 U.G.C. § 5303 grant funds to Y\/COG. Amounts apportioned bz\8SDOTshall be made available no later than thirty (30) calendar days after the date of apportionment to the MPOunder aformula that: 1) considers the population of urbanized areas; and2\ provides an appropriate distribution for urbanized areas to carry out a cooperative planning process. WSDOT shall develop the formula in cooperation with MPC)a. including YVCOG; and, the allocation with approval by the Fl7\ 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 sources of federal, state, |ocm|, and private namanuee, and the costs ofimplementing proposed transportation system innprovernordn /23C.F.R. 7'2.1 Federal requirements for financial planning are defined in 23 C.F.F{. @ 450.314 (metropolitan planning agreennents).23[|.F.R. §45O.324(development and content of the K8TP).23 C.F.R. §45O.326(development and content ofthe T|P\.and 23C.F.Fl. §45O.334(annual listing of obligated projects). The Parties agree to cooperatively develop and share information related tothe development offinancial plans tosupport these activities. ' 7'2'2 |npreparing the financial plan, Y\/CC]Gshall take into account all projects ond strategies proposed for funding under Title 23 U.S.C., 40U.S.C. Chapter 53 along with other Federal, State, |ooa|, and private fund sources. The Parties agree towork cooperatively todevelop estimates ofrevenue that demonstrate financial constraint for the K8TP and the TIP. YVCOG, in cooperation with Yakima Transit and VVSC>[]T.agrees to develop and maintain procedures and methodologies, for generating revenue forecasts that are consistent with federal guidance for financial forecasting. WSDOT agrees to provide historical information regarding funding levels and expenditures bycounty 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 VVGOC)T and ^ymhinna 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 YJCOGisresponsible for programming all projects thm1naceivefedana|funds and all regionally significant projects. The Parties agree towork cooperatively to ensure that Y\/CC}G selects projects for funding based on regional priorities and consistent with the MTP. WSDOT agrees to provide quarterly updates toYVC(]Gonthe delivery offunds programmed byYVCOG. YVCC)C3agrees todevelop, innp|ennent, and periodically review strategies to ensure delivery Ofprogrammed funds within its programming area. 7.4 Sub -allocation mfFederal Funds YVCOGisresponsible for selecting and programming projects fronnaoecifedfeden3|fundothatona sub -allocated to YVCOG by WSDOT. WSDOT is responsible for determining the sub -allocation e0ounte, in consultation with YVCOG and otheryNPC)s statewide. VVS[}OTagrees to develop, innp|mnnent, and periodically review an accounting process for sub -allocating Surface Transportation Program (STP), Congestion Management and Air Quality (CMAQ), Transportation Alternatives (TA), and/or other funds that are designated by the federal government to be sub -allocated to MPOs. As part of this process, WSDOT agrees to provide to YVCOG a transparent accounting of how much funding is received byVV8OOTintotal and annually, and all the steps applied to get to the regional allocations. VV8DOTAgreement GCB 137O Page 1Uof12 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 members; 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 8.6 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 OF TRANSPORTATION R ger Mi Secretary of Tra ortation Date APPROVE AS TO FORM FOR WSDOT: ".(44.44441,1 Sus Cruise Assistant Attorney General/ Date /14 71 .2_0 /I YAKIMA VALLEY CONFERENCE GO ERNMENTS Executive Director kiA1),&v:((441,(0.11(6coi Date 1174 ,-()6 /6( APPROVED AS TO FORM FOR YAKIMA VALLEY CONFEJJjNCE OF GOVERNMENTS: -( ( Yak rna Valley offer rice of Governments [leg I Couns Date YAKIMA TRANSIT APPROVED AS TO FORM for YAKIMA TRANSIT: ( 4(/' Yakima si Legal Counsel Date q CITY CONTRACT NCP h.,20147 ""1 RESOLUTION Na WSDOT Agreement GCB 1370 Page 12 of 12 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.G. For Meeting of: November 19, 2019 Resolution authorizing a revised agreement with the Yakima Valley Conference of Governments (YVCOG) for sharing Transit planning information Scott Schafer, 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: NA STRATEGIC PRIORITY: 2 APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution 111612019 Resolution © 314 Agreement 1116/2019 Contract