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HomeMy WebLinkAbout01/06/2026 08.H. Resolution - Interlocal Agreement with the City of Union Gap for Paratransit Services r 'V ii _�ii •• i i t, gin.;—* _1a _- '^ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8.H. For Meeting of: January 6, 2026 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of Union Gap for limited operation of City of Yakima Paratransit Services between the jurisdictions SUBMITTED BY: Scott Schafer, Public Works Director Jim Hogenson Transit Manager SUMMARY EXPLANATION: The City of Yakima operates paratransit service (Dial-A-Ride) as part of Yakima Transit Mass transportation service where the residents of Yakima occasionally require to be picked up or dropped off outside the city limits. Federal regulation 49 CFR 37.131 allows us to provide the paratransit service three-quarters-of-a-mile from any Yakima transit Fixed route. The interlocal agreement with the City of Union Gap helps us to continue to provide the paratransit service that the residents of Yakima need. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Interlocal Agreement Union Gap 2025.pdf 320 RESOLUTION NO. R-2026- A RESOLUTION authorizing an interlocal agreement between the City of Yakima and the City of Union Gap for the limited operation of City of Yakima paratransit services between the two jurisdictions. WHEREAS, the City of Yakima operates paratransit services (Dial-A-Ride) as part of Yakima Transit, its mass transportation system; and WHEREAS, City of Yakima residents using paratransit occasionally require pick-up or drop-off across city limits between the City of Yakima and the City of Union Gap; and WHEREAS, the City of Union Gap has agreed to allow the City of Yakima to operate its paratransit services within three-quarters-of-a-mile of any Yakima Transit fixed route in accordance with Federal regulation 49 CFR 37.131; now, 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 between the City of Yakima and the City of Union Gap as attached hereto and incorporated herein by reference. ADOPTED BY THE CITY COUNCIL this 6th day of January, 2026. Mayor ATTEST: Rosalinda Ibarra, City Clerk 1 321 CITY OF YAKIMA AND CITY OF UNION GAP INTERLOCAL AGENCY AGREEMENT FOR YAKIMA TRANSIT - PARATRANSIT DIAL-A-RIDE SERVICE THIS AGREEMENT is entered into between the City of Yakima (hereinafter "Yakima"), whose address is 129 North 2nd Street, Yakima, Washington 98901, and the City of Union Gap (hereinafter"Union Gap"),whose address is 102 WAhtanum Rd, Union Gap, WA 98903, pursuant to RCW 39.34.080. WHEREAS, Yakima operates a public mass transportation system ("Yakima Transit") including Paratransit Dial-A-Ride service ("Dial-A-Ride"); and, WHEREAS, residents using Dial-A-Ride occasionally require pickup or drop-off across city limits between Yakima and Union Gap; and WHEREAS, Yakima and Union Gap agree that the Dial-A-Ride benefits citizens of both cities, and that ease of such service will promote the general health, safety, and welfare. NOW, THEREFORE, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the scope of Dial-A-Ride operation in Union Gap, which agrees to allow Dial-A-Ride to operate within a 3/ of a mile corridor as measured as a radius from any Yakima fixed route within Union Gap. 2. Term of Agreement.This Agreement shall commence on July 1, 2025, and shall continue for a period of five years unless terminated as provided in Section 3 below. 3. Termination of Agreement. This Agreement may be terminated: a. At any time by mutual agreement. b. By written notice of termination to the other party, which shall be effective 90 days after service of notice. 4. Nondiscrimination. In administering this Agreement, Yakima and Union Gap will comply with all laws regarding nondiscrimination; and each party shall be responsible the acts of its own officers, agents and employees. 5. Nondelegation of Authority.Yakima retains sole authority to administer all contracts with providers of the Paratransit Dial-A-Ride service. 6. Indemnification and Hold Harmless. a. Yakima agrees to defend, indemnify, and hold Union Gap, its officers, directors, agents, servants, employees, and representatives harmless from any and all claims, including death, bodily injury or property damage, together with reasonable attorney fees and court costs, arising out of or resulting from Yakima's performance under this Agreement. 322 b. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence Yakima and Union Gap and its officers, directors, agents, servants, employees, and representatives, Yakima's liability hereunder shall be only to the extent of the Yakima's negligence. c. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES YAKIMA'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. d. The provisions of this section shall survive the termination or expiration of this Agreement. e. Nothing contained in this section or this Agreement shall create a liability or right of indemnification in any third party. 7. Insurance. Yakima shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with operations or activities performed by or on Yakima's behalf throughout this Agreement. a. No Limitation Yakima's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of Yakima to the coverage provided by such insurance, or otherwise limit Union Gap's recourse to any remedy available at law or in equity. b. Minimum Scope of Insurance Yakima shall obtain or provide evidence of insurance of the types and coverage described below: 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from operations, products-completed operations, and stop-gap liability. Union Gap shall be named as an additional insured under Yakima's Washington State Transit Insurance Pool General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions- 323 Agreements CG 20 12 or a substitute endorsement providing at least as broad coverage. 2. WSTIP Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)form CA 00 01. c. Minimum Amounts of Insurance Yakima shall maintain the following insurance limits: 1. Commercial General Liabili�insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. d. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. e. Verification of Coverage Yakima shall furnish Union Gap with certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of Yakima before issuance of the Agreement. f. Notice of Cancellation Yakima shall provide Union Gap with written notice of any policy cancellation, within two business days of their receipt of such notice. 324 g. Failure to Maintain Insurance Failure on the part of Yakima to maintain the insurance as required shall constitute a material breach of the Agreement, upon which Union Gap may, after giving five business days' notice to Yakima to correct the breach, immediately terminate the Agreement. h. Union Gap Full Availability of Yakima Limits If Yakima maintains higher insurance limits than the minimums shown above, Union Gap shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Yakima, irrespective of whether such limits maintained by Yakima are greater than those required by this Agreement or whether any certificate of insurance furnished to Union Gap evidences limits of liability lower than those maintained by Yakima. 325 8. Disputes. Yakima and Union Gap will, prior to institution of litigation of any dispute under this agreement, seek mediation of the disputes upon selection of a mutually acceptable mediator. 9. 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 Yakima County, Washington. 10. Administration. This Agreement shall be jointly administered by the City Managers of each party, who delegate such administrative duties to the following individuals, to whom any notices sent under this Agreement must be directed: City of Yakima City of Union Gap Yakima Transit Manager Public Works Director 2301 Fruitvale Boulevard 102 W. Ahtanum Ave. Yakima, WA 98902 Union Gap, WA 98903 Integration. 11. 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. 12. 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. 13. 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. 14. 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. 15. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 16. Miscellaneous Provisions 5 326 a. Evidence of Authority: Upon execution of this Agreement, each party shall provide the other with a certified copy of the resolution, ordinance, or other authority given to execute this Agreement pursuant to RCW 39.34.030(2), and said document will be attached hereto and incorporated herein as Exhibit A (Yakima) and Exhibit B (Union Gap). The executed Agreement shall be filed with the Yakima County auditor as provided in RCW 39.34.040. b. Entity status: This Agreement shall not require formation of any new governance entity. No property will be acquired or held, and no joint board or administrator is necessary to accomplish the purpose of this Agreement. c. Budget:This Agreement does not require establishment of a budget or any manner of financing. WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign below: CITY OF YAKIMA CITY OF UNION GAP Vicki Baker, City Manager Greg Cobb, City Manager Date: , 2025 Date: -14151 , 2025 ATTEST: ATTEST City Clerk "(Clerk 6 327