HomeMy WebLinkAbout05/05/2026 07.E. Resolution interlocal agmt w Ellensburg_increase funding Yakima Ellensburg commuter `4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.E.
For Meeting of: May 5, 2026
ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of
Ellensburg to increase funding for the Yakima Ellensburg Commuter
(Transit Revenue)
SUBMITTED BY: Scott Schafer, Public Works Director
* Jim Hogenson, Transit Manager
SUMMARY EXPLANATION:
The City of Yakima entered into an agreement with CWA, Inc to provide the Yakima Ellensburg
Commuter(YEC) between the City of Yakima, Selah and Ellensburg. The City of Ellensburg has
contributed in previous years and has agreed to increase their funding from $20,000 to $40,000 per year.
The additional funding from the City of Ellensburg helps to continue the YEC service for the residents of
Yakima, Selah, and Ellensburg.
The Interlocal Agreement with the City of Ellensburg has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution ILA City of Ellensburg YEC 4_27_26.docx
YEC ILA 2026 1 Signature Ellensburg.pdf
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RESOLUTION NO. R-2026-
A RESOLUTION authorizing an Interlocal Agreement between the City of Yakima and the
City of Ellensburg to increase the City of Ellensburg's financial
contribution for the Yakima Ellensburg Commuter.
WHEREAS, the City of Yakima (City) entered into an agreement with CWA, Inc to
provide the Yakima Ellensburg Commuter (YEC) service between the cities of Yakima, Selah
and Ellensburg; and
WHEREAS, the City and the City of Ellensburg agree that the YEC benefits the
residents in both cities and wish to continue to provide the service; and,
WHEREAS, RCW Ch. 39.34 permits local governmental units to cooperate with other
municipalities based on mutual advantage; and
WHEREAS, the City of Ellensburg has agreed to increase its financial contribution in
support of the YEC from $20,000 to $40,000 per year, 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 Ellensburg as attached hereto and incorporated herein by
reference; increasing the City of Ellensburg's financial contribution for the Yakima Ellensburg
Commuter from $20,000 to $40,000 per year
ADOPTED BY THE CITY COUNCIL this 5th day of May, 2026.
Matt Brown, Mayor
ATTEST:
Rosalinda Ibarra, CMC, City Clerk
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A2777
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, WA 98926.
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 1, 2023, Yakima entered into an agreement with CWA, Inc., D/B/A"Bellair", a
Washington corporation, whereby Bellair provides commuter bus service to and from the Cities
of Yakima and Selah and Ellensburg. Yakima and Ellensburg previously entered into a "Yakima-
Ellensburg Commuter Service" Agreement, as amended, whereby Bellair would provide such
commuter service under the condition that Yakima Transit received 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 this 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. Purpose. The purpose of this Agreement is to set forth the terms and conditions under
which Yakima will continue to provide Ellensburg with commuter bus services to and from the
Cities of Yakima, Selah and Ellensburg.
Interlocal Agreement with City of Yakima for Ellensburg-Yakima Commuter Service-Page 1 of 6
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2. Scope of Services. Yakima shall provide Ellensburg with the Scope of Services as
detailed in the attached Exhibit A. The Scope of Services may be amended upon written approval
of both parties.
3. Agreement to Participate in Funding. Effective January 1, 2026, Ellensburg agrees to
contribute Forty Thousand Dollars ($40,000) annually toward the provision of the Yakima-
Ellensburg commuter service. Such amount shall be paid by Ellensburg in quarterly $10,000
installments for services rendered during the previous quarter within 30 days of receipt of
Yakima's invoices.
4. 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.
5. Term of Agreement.This Agreement shall commence on upon execution by both parties,
and shall continue for an indefinite period unless terminated as provided in Section 6 below.
6. 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.
(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.
7. 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 $40,000
annual payment earned by Yakima through the effective date of termination. Likewise, if
Ellensburg has prepaid to Yakima any portion of the$40,000 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.
Interlocal Agreement with City of Yakima for Ellensburg-Yakima Commuter Service-Page 2 of 6
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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.
8. Compliance with All Laws. Each party shall comply with all federal, state and local laws,
rules, regulations and ordinances applicable to the performance of this Agreement, including
without limitation all those pertaining to wages and hours, confidentiality, disabilities and
discrimination. Each party shall be responsible for its discriminatory acts, including the acts of its
own officers, agents and employees.
9. 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.
10. Indemnification. Each party agrees to be responsible and assume liability for its own
wrongful and/or negligent acts or omissions of those of their officers, employees, and agents to
the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the
other party harmless from any such liability. Neither party to this Agreement shall be responsible
for the acts and/or omissions of those not a party to this Agreement. It is further provided that no
liability shall attach to the parties by reason of entering into this Agreement except as expressly
provided herein.
11. Insurance. Each party hereto shall at all times during the term of this Agreement maintain
insurance coverage(or participate in a local government risk pool)adequate to cover its activities
under this Agreement. A certificate of coverage indicating full policy limits shall be provided upon
ratification of this agreement and annually thereafter. Any exclusions that may have an impact on
services shall be communicated to the other party as soon as they are known. Each party may
choose to share the other party's coverage documents with their insurance carrier or risk pool.
The failure of any insurance carrier or self-insured pooling organization to agree to or follow the
terms of this section shall not relieve any individual party from its obligations under this
Agreement.
Yakima shall, in any contract executed during the term of this agreement with the commuter bus
service provider, require the commuter bus service provider obtain insurance of sufficient type
and coverage amounts to protect and minimize liability to both Yakima and Ellensburg. Yakima
shall require that the commuter bus service provider's insurance be primary and non-contributory
to the coverage that Yakima and Ellensburg have, and the commuter bus service provider must
provide proof of such insurance (such as, but not limited to, a certificate of insurance and
endorsement naming Yakima and Ellensburg as an additional insureds), and Yakima shall ensure
Ellensburg receives a copy of any and all of the commuter bus service provider's insurance
documents/policies.
Interlocal Agreement with City of Yakima for Ellensburg-Yakima Commuter Service-Page 3 of 6
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12. 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.
13. 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 State of Washington, at the discretion of the party commencing such action.
14. 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 City of Ellensburg
Yakima Transit Manager City Manager
2301 Fruitvale Boulevard 501 N. Anderson St
Yakima, WA 98902 Ellensburg, WA 98926
15. 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.
16. 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.
17. 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.
18. Improper Influence. Each party agrees, warrants, and represents that it did not and will
not employ, retain, or contract with any person or entity on a contingent compensation basis for
the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees,
warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with
a view towards obtaining, maintaining, or extending this Agreement.
19. Conflict of Interest. The elected and appointed officials and employees of the parties
shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest.
20. 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.
21. Entire Agreement and Modifications. This Agreement sets forth the entire agreement
of the parties with respect to the subject matter herein and supersedes any and all other
agreements, understandings, negotiations, and discussion, oral or written, express or implied.
There are no understandings or agreements between parties other than those set forth in this
Agreement. No other statement, representation or promise has been made to induce either party
Interlocal Agreement with City of Yakima for Ellensburg-Yakima Commuter Service-Page 4 of 6
43
to enter into this Agreement. All exhibits referred to herein are deemed to be incorporated in this
Agreement in their entirety. 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.
22. 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.
23. 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 CITY OF ELLENSBURG
Victoria Baker, City Manager N rgndf,vP tl !ay36G•ity3M ]alter
Date: Date:112/04/2026
ATTEST: ATTE T:
.Of
City Clerk 6 .1.er(Feb 4, 2026 15:40:43 PST)
Approved as to form: Approved as to form:
Chi-seo her ftovair
City Attorney Oit Atto (Feb 4,2026 15:06:21 PST)
Interlocal Agreement with City of Yakima for Ellensburg-Yakima Commuter Service-Page 5 of 6
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EXHIBIT A
SCOPE OF SERVICES
Yakima- Ellensburg Commuter Service in Ellensburg.
a. Stop Locations. The route schedules for the Yakima-Ellensburg Commuter are
identified in the 2025 Yakima Bus Book— Route 11: Route 11 Schedule (Yakima -
Ellensburg Commuter) I Yakima Transit.
b. Routes/Stops. The Yakima-Ellensburg Commuter include the bus stops North and
South at 4th Ave. and Ruby Street, 11th Ave. and Maple Street and Ruby Street and
Umptanurn.
c. Requested changes in locations within Ellensburg shall be subject to final approval by
the City of Ellensburg, after consultation with Central Washington University . Yakima
shall be responsible for taking reasonable measures to ensure that Yakima Transit's
Contractor adheres to the route and stop locations with the exception of variances
required for emergency or weather-related reasons.
d. Additional stops and route revisions for the Yakima-Ellensburg Commuter service shall
be negotiated by the parties and incorporated in the Yakima Transit Bus Book/Route 11
subject to mutual agreement of the parties.
Interlocal Agreement with City of Yakima for Ellensburg-Yakima Commuter Service-Page 6 of 6
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A2777-City of Yakima-Interlocal Agreement for
Yakima-Ellensburg Commuter Service
Final Audit Report 2026-02-04
Created: 2026-02-04
By: Lori Hauser(hauserl@ellensburgwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAKuSdpM3ForG_XAOOZgM8BUmQ5tH9IPw
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"A2777-City of Yakima-Interlocal Agreement for Yakima-Ellensb
urg Commuter Service" History
Document created by Lori Hauser(hauserl@ellensburgwa.gov)
2026-02-04-10:21:22 PM GMT
Document emailed to Christopher Homer(hornerc@ellensburgwa.gov)for signature
2026-02-04-10:21:28 PM GMT
Email viewed by Christopher Homer(hornerc@ellensburgwa.gov)
2026-02-04-11:05:13 PM GMT
Document e-signed by Christopher Homer(hornerc@ellensburgwa.gov)
Signature Date:2026-02-04-11:06:21 PM GMT-Time Source:server
El Document emailed to Heidi Behrends Cerniwey(cerniweyh@ci.ellensburg.wa.us)for signature
2026-02-04-11:06:22 PM GMT
Email viewed by Heidi Behrends Cerniwey(cerniweyh@ci.ellensburg.wa.us)
2026-02-04-11:13:44 PM GMT
be Document e-signed by Heidi Behrends Cerniwey(cerniweyh@ci.ellensburg.wa.us)
Signature Date:2026-02-04-11:13:56 PM GMT-Time Source:server
P.+ Document emailed to Beth Leader(leaderb@ellensburgwa.gov)for signature
2026-02-04-11:13:58 PM GMT
Email viewed by Beth Leader(leaderb@ellensburgwa.gov)
2026-02-04-11:39:58 PM GMT
4 Document e-signed by Beth Leader(leaderb@ellensburgwa.gov)
Signature Date:2026-02-04-11:40:43 PM GMT-Time Source:server
Adobe Acrobat Sign
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Agreement completed.
2026-02-04-11:40:43 PM GMT
irj Adobe Acrobat Sign
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