Loading...
HomeMy WebLinkAbout12/06/2016 06K Yakima - Ellensburg Commuter Bus Service Funding Agreement with the City of EllensburgBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.K. For Meeting of: December 6, 2016 ITEM TITLE: Resolution authorizing an interlocal agreement with the City of Ellensburg to partially fund commuter bus service between Yakima and Ellensburg SUBMITTED BY: Scott Schafer, Director of Public Works, 576-6411 Alvie Maxey, Transit Manager, 576-6415 SUMMARY EXPLANATION: This Interlocal Agreement (ILA) provides funding assistance from the City of Ellensburg for the Yakima -Ellensburg Commuter in the amount of $20,000 per year. The Yakima -Ellensburg Commuter started in November 2011 and is funded by Central Washington University (CWU) ($80,000/yr), City of Selah ($16,000/yr), & Yakima Transit ($80,000/yr). These funds are used as matching funds for a Washington State Department of Transportation (WSDOT) grant ($200,000/yr). The current two-year grant period is July 1, 2015 to June 30, 2017. This funding will be provided for the service as long as WSDOT continues to fund the program and/or until the City of Ellensburg determines it is no longer in their best interest. Yakima Transit manages the grant and covers cost overruns as part of their match. Program expenses include the administrative services such as printing tickets and passes, managing the program, advertising for the service, and paying the contractor for their services. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FORCl* SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resolution 11/17/2016 Resolution Interlocal Agreement Wth Ellensburg 11117/2016 Contract Resolution No. R -2016- A RESOLUTION authorizing the City Manager to enter into an interlocal agreement with the City of Ellensburg to partially fund commuter bus service between Yakima and Ellensburg. WHEREAS, the Yakima -Ellensburg Commuter started November 2011 and is currently funded by the City of Yakima, Central Washington University (CWU), City of Selah, and the Washington State Department of Transportation (WSDOT); and, WHEREAS, Yakima Transit manages the commuter service, which is contracted through Transportation Demand Management; and, WHEREAS, the City of Yakima is currently utilizing grant funding from the Washington State Department of Transportation for a two-year period (July 1, 2015 to June 30, 2017); and, WHEREAS, the City of Ellensburg is committed to a partnership with the City of Yakima in funding the Yakima -Ellensburg Commuter; and, WHEREAS, it is necessary for the City of Yakima and the City of Ellensburg to enter into an agreement setting forth the terms, conditions, and requirements for the City of Ellensburg to provide funding for the Yakima -Ellensburg Commuter; THEREFORE, be it resolved by the City Council of the City of Yakima, the City Manager is hereby authorized to enter into an interlocal agreement with the City of Ellensburg to fund a portion of the commuter bus service operating between Yakima and Ellensburg. ADOPTED BY THE CITY COUNCIL at a regular meeting this 6th day of December, 2016. Kathy Coffey, Mayor ATTEST: Sonya Claar Tee, City Clerk INTERLOCAL AGREEMENT FOR PROVISION OF YAKIMA-ELLENSBURG COMMUTER SERVICE (City of Yakima — City of Ellensburg) THIS INTERLOCAL AGREEMENT is entered into by and between the City of Yakima and City of Ellensburg to provide for the support of the public transportation service known as the "Yakima -Ellensburg Commuter' service, which provides fixed -route commuter service to and from the Cities of Yakima, Selah, and Ellensburg. I. RECITALS A. City of Yakima, hereafter "Yakima," is a municipal corporation of the State of Washington located at 129 North 2nd Street, Yakima, WA 98901. B. City of Ellensburg, hereafter "Ellensburg," is a municipal corporation of the State of Washington located at 501 N. Anderson St., Ellensburg,8926. C. Pursuant to the provisions of Revised Code of Washington (RCW) 39.33.050, Yakima has developed and operates a public mass transportation system ("Yakima Transit"), and, therefore, has the authority to contract with any other municipal corporation or political subdivision of the State for mass public transportation services. D. RCW Ch. 39.34, entitled "Interlocal Cooperation Act," permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage. E. On August 4, 2016, Yakima entered into an agreement with Transit Demand Management (dba A&A Motorcoach), a Washington corporation, whereby A&A. provides commuter bus service to and from the Cities of Yakima and Ellensburg. This "Yakima - Ellensburg Commuter Service" Agreement, attached hereto as Exhibit A, provides that A&A will provide such commuter service from September 1, 2016, through June 30, 2017, with Yakima Transit having three two-year options, all conditioned on Yakima Transit receiving Washington State grant funding in the amount equal to at least current funding levels. F. Yakima and Ellensburg agree that the Yakima -Ellensburg commuter service benefits citizens of both cities, and that provision of such service is in the best interests of the residents of Yakima and Ellensburg and will promote the general health, safety, and welfare. G. Pursuant to the authority of RCW Chapter 39.34 and RCW 39.33.050, Yakima and Ellensburg desire to enter in an interlocal agreement to provide for supportive funding during this time to enable and promote the Yakima -Ellensburg commuter service. II. AGREEMENT IN CONSIDERATION of the mutual covenants, conditions and mutual benefits herein, the parties agree as follows: 1. Agreement to Participate in Funding. Ellensburg agrees to contribute Twenty Thousand Dollars ($20,000) annually toward the provision of the Yakima -Ellensburg commuter service as described and set forth in the "Yakima -Ellensburg Commuter Service" Agreement August 4, 2016 by and between Yakima and A&A. Such amount shall be paid by Ellensburg in quarterly installments for services rendered during the previous quarter within 30 days of being invoiced. 2. Provision of Commuter Service. The continuation of the Yakima -Ellensburg Commuter service is conditioned upon Yakima's receipt of funds from all sources sufficient to pay for the cost of such service. The commuter service is currently funded in large part by grant funds administered by the Washington State Department of Transportation. Such funds are appropriated pursuant to the biennial budget adopted by the State of Washington, and Yakima desires to continue the commuter service, so long as grant funding in an amount sufficient to enable Yakima to continue such service. 3. Scope of Ellensburg Service. (a) Stop Locations. As of the effective date of this Agreement, the route for the Yakima -Ellensburg Commuter is identified in the "Yakima Bus Book Fall 2016 — Route 11", attached hereto as Exhibit B. The Yakima -Ellensburg Commuter previously included stops serving Ellensburg locations at Super One (Mountain View and Ruby Street) and Safeway (Ruby Street and 5th Avenue). In addition to the existing stops, the bus stops serving these two locations shall be restored by January 1, 2017. (b) Routes. Bus traffic on Anderson Street shall be prohibited upon execution of this Agreement and returned to the routing on Ruby Street from University Avenue to Mountain View Avenue that existed prior to the suspension of service to the Ellensburg stops. (c) Modifications. Additional modification of route(s) and stop(s) locations requested during the term of this agreement shall occur in consultation with Ellensburg and Central Washington University, and shall be subject to final approval by Ellensburg. Yakima shall be responsible for taking reasonable measures to ensure that A&A adheres to the route and stop locations with the exception of variances required for emergency or weather- related reasons. (d) Expanded Service. The Central Transit fixed route service operated by the City of Ellensburg now has sustainable funding and will be expanding its fixed route service to accommodate broader ridership and route destinations. Current route expansion is being considered to connect to Greyhound service and these discussions may result in the need for a transfer location not currently served by the Yakima -Ellensburg Commuter. Addition of stops and route revisions for the Yakima -Ellensburg Commuter service shall be negotiated by the parties and incorporated in Bus Book Route 11, subject to mutual agreement of the parties. 4. Term of Agreement. This Agreement shall commence on January 1, 2017, and shall continue for an indefinite period unless terminated as provided in Section 5 below. 5. Termination of Agreement. This Agreement may be terminated in any of the following ways: (a) At any time by mutual agreement of both parties. (b) By either party delivering written notice of termination to the other party at least ninety (90) days prior to the effective date of termination. 2 (c) This Agreement shall automatically terminate upon cessation of the Yakima - Ellensburg Commuter. (d) This Agreement may be terminated at any time by Yakima when Yakima determines, in its sole discretion, that funds on hand or committed are insufficient to fully fund the continuation of the commuter service. In the event Yakima determines that such funding may be insufficient to continue the service, it will provide notice of such insufficiency to Ellensburg as soon as reasonably possible so as to enable the parties to mutually agree on the date of termination of this Agreement. If the parties cannot agree, Yakima reserves the right to terminate this Agreement at any time and will deliver written notice of such termination to Ellensburg. 6. Effect of Termination. Upon the effective date of termination, the rights and obligations of both parties under this Agreement shall terminate; provided, however, that Ellensburg shall remain responsible for payment of any unpaid (prorated by service day) portion of the $20,000 annual payment earned by Yakima through the effective date of termination. Likewise, if Ellensburg has prepaid to Yakima any portion of the $20,000 annual payment, the portion of such payment representing prepayment for services to occur after the effective date of termination shall be refunded and remitted by Yakima to Ellensburg. Termination of this Agreement shall not cancel or terminate the parties' obligations to hold the other party harmless for any liability, claim, or demand arising or occurring during the term of the Agreement. 7. Nondiscrimination. In administering this Agreement, Yakima and Ellensburg will comply with all laws regarding discrimination; and each party shall be responsible for its discriminatory acts, including the acts of its own officers, agents and employees. 8. Independent Contractor. The parties agree and understand that Ellensburg's participation in this Agreement is limited solely to provision of partial funding to enable Yakima to continue to provide the commuter service through a separate agreement with a third -party contractor. Yakima retains sole responsibility and authority to administer all contracts with providers of the commuter service and with each agency providing funding for such service. Ellensburg and Yakima are each independent contractors, and will be solely responsible for the negligent or wrongful acts of their respective employees, officers and officials, and, as such, do not provide insurance covering the acts and/or omissions of the other party, its officials, officers and/or employees. Nothing in this Agreement shall be construed to create any relationship between the parties other than independent contractors, and the officials, officers, employees, and volunteers of each party shall not be deemed for any purpose to be the officials, officers, employees or volunteers of the other party. 9. Insurance. Yakima will request that Transit Demand Management (dba A&A Motorcoach) provide a certificate of insurance with an additional insured endorsement naming the City of Ellensburg upon the terms and requirements included in Article 14 of Exhibit A. A copy of the endorsement, if granted by Transit Demand Management, shall be provided to Ellensburg within thirty (30) days of the effective date of this Agreement. 10. Hold Harmless. Each party in this contract shall be responsible for the acts and/or omissions of itself, and its officers, employees, and agents and each party agrees to hold harmless the other for the acts and/or omissions of itself, and its officers, employees, and 3 agents. Neither party to this agreement shall be responsible for the acts and/or omissions of those not a party to this contract. 11. Disputes. Yakima and Ellensburg will, prior to institution of litigation of any dispute under this agreement, seek mediation of the disputes upon selection of a mutually acceptable mediator. 12. Governing Law — Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. Venue for any action shall lie in either Yakima or Kittitas Counties, State of Washington, at the discretion of the party commencing such action. 13. Administration. This Agreement shall be jointly administered by the City Managers of each party, who delegate such administrative duties to the following individuals: City of Yakima Alvie Maxey Yakima Transit Manager 2301 Fruitvale Boulevard Yakima, WA 98902 City of Ellensburg John Akers City Manager 501 N. Anderson St Ellensburg, WA 98926 14. Acquisition of Property and Assets. The parties do not intend to jointly acquire or manage any property. Costs, expenses, and disbursements of each party in the performance of this Agreement shall be administered separately by each party. Acquisition of property by either party shall be in accordance with the laws and procedures applicable to such party. 15. Posting of Agreement. Upon execution of this Agreement, a copy thereof shall be posted or published in conformity with the provisions RCW Ch. 39.34. 16. Records and Reports. Reports and documents generated by Yakima for Ellensburg pursuant to the services provided under this Agreement shall be delivered by Yakima to Ellensburg; provided, however, Yakima shall be entitled to retain copies of such reports and documents. All such documents and reports shall be subject to disclosure pursuant to the Public Records Act, RCW Ch. 42.56, as applicable. Yakima records and reports documenting services rendered and billings based thereon shall be made available to Ellensburg for inspection and copying, as appropriate, during regular business hours of Yakima or Yakima Transit, as applicable, upon request by Ellensburg. 17. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an instrument in writing signed by both parties. 18. Entire Agreement and Modifications. This Agreement sets forth the entire agreement of the parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda and amendments and by reference incorporate them herein. 19. No Third -Party Beneficiary. Nothing in this Agreement is intended to create any rights in any entity not a party to this Agreement nor is any person or entity not named a party herein a third party beneficiary to this Agreement. 4 20. No Public Official Liability. No provision of this Agreement nor any authority granted by this Agreement is intended to create or result in any personal liability for any public official or agent of a party, nor is any provision of this Agreement to be construed to create any such liability. WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign below: CITY OF YAKIMA Cliff Moore, City Manager Date: 12016 ATTEST: City Clerk Approved as to form: City Attorney 5 CITY OF ELLENSBURG John Akers, City Manager Date: 12016 ATTEST: City Clerk Approved as to form: City Attorney