HomeMy WebLinkAbout4420 Resolution - ILA Benton-Franklin Council of GovernmentsResolution – ILA -BFCOG - 1
RESOLUTION NO. 4420
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH
THE BENTON-FRANKLIN COUNCIL OF GOVERNMENTS.
WHEREAS, Revised Code of Washington (RCW) 39.34, INTERLOCAL
COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers,
privileges, or authorities with other political subdivisions of this State through the execution of
an interlocal cooperative or interagency agreement; and
WHEREAS, Pursuant to RCW Chapter 36, Laws of 1959, as amended RCW 36.70.060
and Chapter 84, Laws of 1965, Extraordinary Session, RCW 36.64.080, City of Pasco,
Washington, is by Interlocal Agreement, a member of the regional agency known as the Benton-
Franklin Council of Governments (BFCOG); and
WHEREAS, the Board of the BFCOG determined that amendments made to the
Interlocal Cooperative Agreement and Bylaws documents amended September 18, 2020, required
review and revision to rectify inconsistencies prudent to ensure organizational effectiveness; and
WHEREAS, on May 19, 2023, the BFCOG Board adopted the amended documents
Interlocal Cooperation Agreement of the Benton-Franklin Council of Government, and Bylaws
of the Benton-Franklin Council of Governments, as a total and complete replacement for all
previous Interlocal Agreements and Bylaws of BFCOG, by the process outlined in the previously
adopted Bylaws; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the updated
Interlocal Cooperative Agreement, thereby maintaining its membership in the Benton-Franklin
Council of Governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco hereby authorizes the execution and ratification
of the Benton-Franklin Council of Governments Interlocal Cooperation Agreement and Bylaws;
a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute the Interlocal Cooperative Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
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Resolution – ILA -BFCOG - 2
PASSED by the City Council of the City of Pasco, Washington, on this 20th day of
February, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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BFCOG Interlocal Agreement - Amended 5.19.2023
INTERLOCAL COOPERATION AGREEMENT OF THE
BENTON-FRANKLIN COUNCIL OF GOVERNMENTS
Amended May 19, 2023
(As a total and complete replacement for all previous Interlocal Agreements)
Pursuant to Revised Code of Washington (RCW) Chapter 36, Laws of 1959, as amended (RCW
36.70.060) and Chapter 84, Laws of 1965, Extraordinary Session, (RCW 36.64.080), and be it
resolved that the local governments of:
x Ben Franklin Transit,
x Benton County,
x City of Benton City,
x City of Connell,
x City of Kennewick,
x City of Pasco,
x City of Prosser,
x City of Richland,
x City of West Richland,
x Franklin County,
x Port of Benton,
x Port of Kennewick, and
x Port of Pasco
Each hereafter referred to as a “Member” or collectively, as “Members,” do hereby organize and
reaffirm the establishment of a regional agency, hereinafter referred to as the Benton-Franklin
Council of Governments or “COG”; and further establish, as an integral component thereof, an
Economic Development District organization, hereinafter referred to as the “EDD” by this
Interlocal Agreement or “Agreement.”
This Agreement terminates and supersedes in all respects the Benton-Franklin Council of
Governments Interlocal Agreement dated September 18, 2020; the Benton-Franklin Council of
Governments Articles of Association amended November 21, 2014; the Benton-Franklin Council
of Governments Articles of Association amended May 22, 1998, and original Benton-Franklin
Governmental Conference Articles of Association dated November 7, 1966, and any or all such
agreements.
RECITAL
WHEREAS, each of the Members hereto is a public agency pursuant to the terms of RCW 39.34
Interlocal Cooperation Act, and it is the intent and purpose of the Members to exercise their
powers and authority in accordance with its provisions; and
WHEREAS, pursuant to the provisions of RCW 39.34, two or more public agencies may jointly
cooperate to perform functions that each may individually perform. Therefore, Members enter into
this lnterlocal Cooperation Agreement to provide for the joint and/or cooperative exercise of their
powers, privileges, and authorities for the purpose of comprehensive transportation planning; and
WHEREAS, the Members acknowledge the need to engage in cooperative planning and decision-
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BFCOG Interlocal Agreement - Amended 5.19.2023
making on transportation and economic development issues and the benefits to be derived
therefrom as demonstrated by the attached signature pages; and
WHEREAS, Federal transportation legislation, Title 23 United States Code 134 and Title 49
United States Code 5303, requires the establishment, 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, 23 CFR §450 sets forth the national policy that the MPO designated for each
urbanized area is to carry out a continuing, cooperative, and comprehensive multimodal
transportation planning process, including the development of a Metropolitan Transportation Plan
(MTP) and a Transportation Improvement Program (TIP); and
WHEREAS, the Washington State Growth Management Act, RCW 36.70A, requires local
governments to adopt transportation plans that are consistent with comprehensive land use plans;
and
WHEREAS, RCW 47.80 authorizes the formation of a Regional Transportation Planning
Organization (RTPO) by the voluntary association of local governments within a county, provided
each RTPO shall have as members all counties within the RTPO's boundaries 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, pursuant to RCW 47.80.023(7), the Benton-Franklin Council of Governments is
designated as the lead planning agency and governing body for the MPO and the RTPO; and
WHEREAS, RCW 47.80.40 provides each RTPO formed by local governments is required to
create a Transportation Policy Board to provide policy advice to the RTPO and shall allow
representatives of major employers within the region, the department of transportation districts,
port districts, and member cities, towns, and counties within the region to participate in policy
making; and
WHEREAS, the Members acknowledge the need to provide regional economic development
planning and have established the Benton-Franklin Economic Development District for these
purposes, which will provide these services through the US Department of Commerce Economic
Development Administration’s Partnership Planning Program and Comprehensive Economic
Development Strategy (CEDS) process; and
WHEREAS, the Members acknowledge the need to promote economic development activities for
the region in alignment with the Public Works Economic Development Act of 1965 and to provide
services as promulgated by the US Department of Commerce Economic Development
Administration, US Department of Agriculture, and other funding sources available to the region;
and
WHEREAS, each of the Members has previously 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 Members agree to be governed by Bylaws of the COG approved by a two-thirds
(2/3) majority vote of all members in good standing;
NOW, THEREFORE, pursuant to the above recitals that are incorporated into this lnterlocal
Cooperation Agreement as included below, and in consideration of the terms and conditions
set forth below, it is hereby agreed as follows:
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BFCOG Interlocal Agreement - Amended 5.19.2023
ARTICLE I
PURPOSE
The purposes which form the basis of this Agreement are as follows:
1. COUNCIL OF GOVERNMENTS: To study regional and governmental problems of mutual
interest and concern as agreed to by the Board and consistent with RCW 36.64.80;
2. REGIONAL PLANNING AGENCY: To initiate regional planning programs and
accept/receive state and federal grants and funding as agreed to by the Board and
consistent with RCW 36.70.060;
3. METROPOLITAN PLANNING ORGANIZATION (MPO): To implement and perform the
functions of an MPO for the Tri-Cities Urbanized Area as such area’s boundaries are
defined now or in the future (23 USC 134 and USC 49; CFR 23 and 40)
4. REGIONAL TRANSPORTATION PLANNING ORGANIZATION (RTPO): To implement
and perform the functions of an RTPO for Tri-Cities Urbanized Area as such area’s
boundaries are defined now or in the future (RCW 47.80);
5. Economic Development District (EDD): To implement and perform the functions of an
EDD for the Benton and Franklin Counties area as promulgated by the Economic
Development Administration of the US Department of Commerce. (40 USC Subtitle V)
6. PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT (PWEDA) To implement the
PWEDA of 1965, PL 89 136 42 USC 3121 et. seq., and all related/subsequent Federal
and Washington State legislation related to the purpose of the said Act;
7. To strengthen the regional economy through planning, program development, and
economic diversification activities, and
8. Implement and administer other functions and agencies of regional concern as determined
by its Board of Directors.
ARTICLE II
BOUNDARIES
The boundaries of the regional planning district shall be the boundaries of Benton County,
Franklin County, Washington, and the Tri-Cities Urbanized Area as such area’s boundaries are
defined now or in the future, and any local, county, or state jurisdiction located within. All
references to the “region” in this agreement shall mean Benton and Franklin Counties, and the
Tri-Cities Urbanized Area unless changed by the Board as authorized by the COG Bylaws. The
COG may be expanded to include contiguous geographic and statistically relevant areas and
agencies economically and socially related to the region to provide mutual benefit.
ARTICLE III
FUNCTIONS AND AUTHORITIES
1. TRANSPORTATION. In meeting its responsibilities for regional transportation planning, the
COG will:
a. Produce a Regional Transportation Plan (RTP) as prescribed by federal and state law
and regulations and based on local comprehensive planning. The RTP will establish
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planning direction 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:
i. Certify that transportation elements of local comprehensive plans are
consistent with the regional transportation plan.
ii. Certify that all transportation projects within the region that have a significant
impact on regional facilities or services are consistent with the RTP.
b. Carry out MPO functions as prescribed for federally funded projects in the region.
These functions include preparing an RTP, an annual or biennial Unified Planning
Work Program (UPWP), and a four-year capital plan (with an annual element).
2. ECONOMIC DEVELOPMENT. To further the purposes of regional economic development,
pursuant to RCW 39.34, the COG will:
a. Cooperatively develop and maintain a regional economic development strategy that
complies with the Federal requirements for a Comprehensive Economic Development
Strategy (USC 42, Chapter 38 Public Works and Economic Development, Subchapter
IV) and is also consistent with the requirements of the state of Washington for
comprehensive planning under the Growth Management Act (RCW 47.80).
b. Contract for, administer, and manage state and federal economic development
programs as authorized in the COG Bylaws.
3. REGIONAL DATABASE DEVELOPMENT. The COG shall provide for the establishment and
maintenance of a regional database to:
a. Support the development of the Metropolitan Transportation Plan and other regional
planning efforts of mutual concern to the Members.
b. Forecast and monitor the region's economic, demographic, and travel conditions.
c. Develop the database jointly with relevant state agencies for use in the region by local
governments and the State of Washington.
d. Respond to data prepared by the State Office of Financial Management.
4. TECHNICAL ASSISTANCE. The COG shall provide technical assistance to local, state, and
federal governments through regional data collection and forecasting services consistent with
the agency’s purpose, functions, and budget upon request. In addition, the COG may provide,
upon request, general transportation or economic development planning assistance
consistent with the COG’s purpose and functions to Members.
5. DISCUSSION FORUM. The COG may provide a forum for discussion among local and state
officials and other interested parties on common regional issues.
6. RESEARCH AND PLANNING. The COG may act as a research and fact-finding agency for
the Members. To that end, it may make such surveys, analyses, research, and reports
requested as authorized in the bylaws of the Agency. The COG, upon such authority or
requests, may also:
a. Make inquiries, investigations, and surveys concerning the resources of Benton and
Franklin Counties.
b. Assemble and analyze the data thus obtained, the systematic utilization and
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development thereof.
c. Cooperate with other commissions and public and private agencies of the Region,
Washington State, and the United States in planning endeavors.
d. Develop programs of Intergovernmental cooperation for the benefit of Members.
7. OTHER FUNCTIONS. The COG shall, insofar as possible:
a. Coordinate general planning among and for the Members
b. Provide a written report to the members each year
c. Prepare, approve, and administer its own annual budget, which includes setting the
amount of cost allocations, member assessments, and dues, hiring an Executive
Director (who shall hire and supervise employees), hiring consultants, engaging
professional accounting, legal and other services as needed, sue and be sued; and
other such additional modified, or removed functions and authorities as authorized in
the COG Bylaws.
ARTICLE IV
BYLAWS
The authority to make, amend, or repeal bylaws is vested in the COG so long as such bylaws are
consistent with the provisions of these articles and applicable laws. Bylaws for the COG are
separately adopted and included in Exhibit A of this Agreement.
ARTICLE V
MEMBERSHIP
General Units of Government (excluding small cities with a population of less than 2,500
population) or Special Units of Government (such as school districts, public utility districts, and
port districts) located within the COG's planning area of Benton and Franklin Counties of the State
of Washington and the Tri-Cities Urbanized Area as such area’s boundaries are defined now or
in the future is eligible for voting membership in the COG through execution of this Agreement
and the payment of such cost allocations as determined by the Board via dues or assessment.
COG Membership shall be open to any general or special units of government located within the
boundaries. The COG Board shall be comprised of delegates representing voting members as
outlined in the Bylaws.
ARTICLE VI
ALLOCATION OF COSTS
Voting members in the COG shall contribute to the expense of the Agency in amounts as
established annually by the COG and agreed to by participating jurisdictions pursuant to the
budgetary laws outlined in the Revised Code of Washington (RCW). Members shall be assessed
according to a per capita ratio or other equitable assessment established by the Board as
authorized in the Bylaws. Services and facilities may be provided by participating agencies at a
mutually agreed value in lieu of assessment, as authorized in the Bylaws.
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ARTICLE VII
DURATION AND DISSOLUTION
The COG shall have perpetual existence until dissolved by: (1) a vote of 2/3 of the voting
Members’ provided that all members shall receive one month’s written notice of the proposed
dissolution and all members provided an opportunity for comment on the motion: or (2) withdrawal
of such members so that the MPO/RTPO ratification thresholds are no longer met as required by
47.80 RCW and Ch. 468-86 WAC and/or Title 23 USC and Title 49 USC as currently adopted or
as amended and 23 CFR Parts 450 and 500 and 40 CFR Part 613.
Upon termination of this Agreement, any money or assets in possession of the COG after
payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement shall
be returned to all contributing governments in proportion to their assessment determined at the
time of termination. The debts, liabilities, and obligations of the COG shall not constitute a debt,
liability, or obligation of any member agency.
ARTICLE VIII
WITHDRAWALS
Any Member shall have the right to withdraw from this Agreement by giving written notice to the
Board six months prior to the Board’s annual meeting establishing the annual assessment. The
Members agree that withdrawal will not absolve them of responsibility for meeting financial or
other obligations of annual contracts or agreements which exist between the State of Washington
or the federal government and the COG at the time of the withdrawal.
The formation of the MPO is based on the population of the metropolitan planning area.
Withdrawal by any Member could put the existence of the MPO at risk, resulting in the loss of
federal funding for transportation projects. Withdrawal of member jurisdictions could impact the
organization with respect to its designation and funding as an RTPO under Washington State
law.
ARTICLE IX
GENERAL PROVISIONS
A. ADOPTION AND EFFECTIVE DATE. The effective date of this Agreement shall be upon
ratification by the Counties and at least sixty percent (60%) of the cities and towns within
the council area that represent seventy-five percent (75%) of the cities and towns
population (“Ratification”). This Agreement shall be binding upon the Members who have
executed this Agreement, their successors, and assigns, provided that upon Ratification,
all prior agreements and bylaws between the parties shall be deemed terminated and
replaced herewith. Thereafter, no city, town, tribe, or special district shall be a voting
member of the Benton-Franklin Council of Governments, the Benton-Franklin
Metropolitan Planning Organization/Regional Transportation Planning Organization
Transportation Policy Board, or the Benton-Franklin Economic Development District until
the Board has approved the entity’s membership and the entity’s governing body has
approved this Agreement and paid assessed dues.
B. AMENDMENTS. This Agreement may be amended by Board action pursuant to the COG
Bylaws.
C. FILING AND STATE APPROVAL. Pursuant to RCW 39.34.040, this Agreement shall be
on the COG website or other electronically retrievable public source. To the extent any
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state officer or agency has control over the operations which may be the subject of this
Agreement, then this Agreement shall be submitted to such state officer or agency for
approval pursuant to RCW 39.34.050 prior to its entry into force.
D. INVALID PROVISIONS. If any portion of this Agreement, or its application to any local
government, 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 local government entities, persons or
circumstances shall not be affected.
E. COUNTERPARTS. This Agreement may be executed in counterparts by the parties.
Receipt of executed resolutions having the same effect as if all parties had signed the
same agreement.
EXHIBITS
Exhibit A – Benton-Franklin Council of Governments Bylaws, Amended 5.19.2023
ADOPTION
This Interlocal Agreement is adopted as a total revision to and replacement of all previously
existing Interlocal Agreements between the Benton-Franklin Council of Governments and its
Regular Member Jurisdictions by the Benton-Franklin Council of Governments Board of
Directors at their Meeting on the 19th day of May 2023 by BFCOG Resolution 04-23.
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PARTICIPANTS
Participants in this agreement shall be whichever of the parties ratify this agreement. If
any party fails to ratify this agreement, such action shall not affect this agreement as it
pertains to the remaining parties.
WHEREAS, the [MEMBER JURISDICTION NAME] authorized the execution of this
Agreement by Resolution No. _______________________________________,
Adopted on ______________________________________ [Date].
IN WITNESS WHEREOF, the parties hereto have set their hands.
By: _____________________________ Attest: __________________________
Title: ____________________________ Title: ___________________________
Date: ____________________________ Date: ___________________________
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