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HomeMy WebLinkAboutR-2005-093 Yakima Transit bus service within the borders of the City of SelahRESOLUTION NO. R-2005- 93 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute Interlocal Agreement with the City of Selah for the provision of Yakima Transit bus services within the borders of the City of Selah. WHEREAS, pursuant to the provisions of R.C.W. 39.33.050 the City of Yakima has developed and operates a public mass transportation system; and, therefore, has the authority to contract with any other municipal corporation or political subdivision of the state for public mass transportation services; and WHEREAS, the city of Selah has not developed and does not operate a public mass transportation system; and WHEREAS, Chapter 39.34 of the Revised Code of Washington, 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; and WHEREAS, regionalizing common public services is a top strategic direction priority of the Yakima City Council and through cooperative agreements such as this Interlocal Agreement, partnerships and other collaborative arrangements, the City of Yakima is committed to discovering and developing innovative ways to deliver critical public services to its residents and to its neighbors. WHEREAS, with the cooperation and assistance of the City of Selah, the Yakima Transit has secured grant funding through the Congestion Mitigation Air Quality Program to conduct a two (2) year project to promote and encourage usage of mass transportation in lieu of single occupancy vehicles and thereby reduce congestion and pollution and substantially enhance a vital element of the greater Yakima community's transportation system; and, WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize an Interlocal Agreement for Use of Public Transportation System with the City of Selah in order to offer the citizens of the City of Yakima and the City of Selah the fullest opportunity for access to mass transportation and to reduce congestion and pollutions on those cities roadways, now, therefore; 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "INTERLOCAL AGREEMENT FOR USE OF PUBLIC TRANSPORTATION SYSTEM" between the City of Yakima and the City of Selah. ADOPTED BY THE CITY COUNCIL this 7th day of June, 2005. ATTEST: City Clerk 2 Paul P. George, May INTER! OCAI AGREEMENT FOR USF OF PURI IC TRANSPORTATION SYSTEM RFCITAI .S WHEREAS, pursuant to the provisions of R.C.W. 39.33.050 the city of Yakima, a municipal corporation of the state of Washington, has developed and operates a public mass transportation system; and, therefore, has the authority to contract with any other municipal corporation or political subdivision of the state for public mass transportation services; and, WHEREAS, the city of Selah, a municipal corporation of the State of Washington, has not developed and does not operate a public mass transportation system; and, WHEREAS, Chapter 39.34 of the Revised Code of Washington, 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; and, WHEREAS, regionalizing common public services is a top strategic direction priority of the Yakima City Council and Selah City Council; and, WHEREAS, through Interlocal Cooperative Agreements such as this, partnerships and other collaborative arrangements, the City of Yakima and City of Selah are committed to discovering and developing innovative ways to deliver critical public services to their residents and neighbors; and, WHEREAS, it appears mutually advantageous to both the city of Yakima and the city of Selah to encourage the residents of the city of Selah to use the public mass transportation system operated by the city of Yakima to travel to, from, and in the city of Yakima and city of Selah; now, therefore, OPERATIVE PROVISIONS IT IS HEREBY AGREED by and between the city of Yakima, a municipal corporation Page 1 of 6 corporation of the state of Washington (hereinafter referred to as Yakima), and the city of Selah, a municipal corporation of the state of Washington (hereinafter referred to as Selah), as follows: SECTION 1: DEFINITIONS As used in this Agreement, the following terms shall have the following meanings. 1.1 Effective Date means the date all necessary parties have signed this Agreement and service hereunder is ready to commence. 1.2 Eligible Riders means citizens, residents, and visitors to or from Selah. 1.3 Yakima Transit means the public mass transportation system operated by Yakima consisting of a Fixed -Route Service component. 1.4 Fixed -Route Service means the service component of Yakima Transit, which operates on fixed routes. 1.5 Schedules mean those schedules established by Yakima for fixed -route service. SECTION 2: USE OF YAKIMA TRANSIT 2.1 Use--Fixed-Route Service During the term of this Agreement and consistent with any extensions or modifications subsequently made thereto Yakima shall establish a Fixed -Route Service within the borders of Selah. Eligible riders may use the Fixed -Route Service of Yakima Transit at any time the service operates by payment of the fare established for that service. The Fixed -Route Service serving Selah and the fare for the same are attached hereto as Appendix "A" and are incorporated by this reference as if fully set forth herein. 2.2 Refusal of Use Notwithstanding the provisions of 2.1, any eligible rider who by their actions while boarding, riding, or exiting from a Yakima Transit vehicle is in the opinion of the driver of that vehicle disruptive to the safe and orderly operation of the transit vehicle may be refused further service on Yakima Transit for such period of time and upon such conditions as Yakima in its sole discretion considers Page 2 of 6 appropriate consistent with the safe and orderly operation of Yakima Transit. SECTION 3: YAKIMA TRANSIT SERVICE LEVELS 3.1 Manner of Operation Yakima has the sole and exclusive right to operate Yakima Transit in a manner it considers appropriate to serve the transportation needs of persons using or desiring to use Yakima Transit, subject to the provisions of Section 3.3, below. 3.2 Service Levels --Fixed Route and Supplemental Service Subject to provisions in Section 3.3 of this agreement, at the time of executing this Agreement, Yakima intends to operate the Fixed -Route Service of Yakima Transit within the borders of Selah on the fixed routes and schedules described in Appendix "A" in accordance with the regular hours of operation for Yakima Transit. 3.3 Level of Services At the sole discretion of Yakima, service may be reduced or increased during periods of reduced or increased demand for such services. Yakima will not reduce the level of service described herein or in Appendix "A" without first notifying Selah of said intent and providing the Parties an opportunity to discuss the necessary and appropriate level of service. 3.4 At its convenience Yakima agrees to offer an orientation session for eligible riders in wheelchairs or with other special needs to familiarize these eligible riders with the equipment and operation of the wheelchair accessible buses. Selah will coordinate this session with eligible riders and Yakima Transit and will handle announcements of the time and place for such orientation. Yakima will provide a lift accessible bus and an operator for the orientation session. SECTION 4: FEES FOR USE OF SERVICE 4.1 Payment for Service Yakima's provision of transportation services to and for Selah pursuant to this Agreement is being paid for in part through a grant from the Department of Transportation. The remaining consideration for Yakima's provision of services will be "in kind" services provided by Selah including, but not limited to Page 3 of 6 labor and preparation to erect eighteen (18) bus stop signs on poles, placement of bus benches in designated stop locations and maintenance of each such site to ensure a clean and safe environment for passengers, and partnering with Yakima to promote the services hereunder through mailings to Selah utility customers and prepared press releases through the local media. 4.2 Additional Service, Should Selah desire any additional service that is not listed in Appendix "A," the Parties shall in good faith negotiate the fee for such additional service. SECTION 5: COMMUNICATIONS 5.1 Reports On or before the last calendar day of each month following any month or portion thereof that Fixed -Route Service is provided to eligible riders pursuant to this Agreement, Yakima will provide Selah with a written report for that month or portion thereof showing the ridership numbers of the Fixed -Route Service. 5.2 Parties Agree to Meet Upon execution of this Agreement the parties shall at their convenience meet to monitor service and service levels and to review service level changes as provided in Section 3.3. The frequency and dates of said meetings shall be determined by the parties upon mutual agreement. SECTION 6: EFFECTIVE DATE, TERM, AND AMENDMENTS, MODIFICATIONS, OR EXTENSIONS, NOTICE 6.1 Effective Date This agreement shall be effective from and after the date on which the authorized representatives of the last of the parties hereto signs this Agreement. 6.2 Term Unless Federal funding is withdrawn, the Term of this Agreement shall be for a period of twenty four (24) months commencing on the effective date. 6.3 Amendments, Modifications, or Extensions The parties acknowledge and understand that a master Federal document, which is incorporated by this Page 4 of 6 reference as if fully set forth herein, controls the provision of services pursuant to this agreement and that this Agreement merely supplements the master Federal document. This supplemental Agreement may be amended, modified, or extended beyond its scope and term only by written instrument signed by the authorized representatives of both Yakima and Selah. The parties expressly acknowledge that at the expiration of the Federal funding that has made this project possible, the parties are free to negotiate for the extension of services pursuant to this Agreement upon terms and conditions agreeable to the parties. 6.4 Additional Funding Yakima agrees to advise Selah of any additional funding it may receive from the State or from federal grants related to this Agreement or the matters discussed herein. If needed the Parties will meet to discuss the planned use of said additional funding. This notification will in no way preclude Yakima from the exclusive right to operate Yakima Transit in a manner it considers appropriate to serve the transportation needs of persons using or desiring to use Yakima Transit. 6.5 Notice Any notice or other communication required to be given hereunder shall be deemed sufficient if in writing and delivered personally or sent by mail, return receipt requested, to the addressees as follows: TO YAKIMA: Ken Mehin Yakima Transit Manager 2301 Fruitvale Blvd Yakima, WA 98902 TO SELAH: SECTION 7: MISCELLANEOUS 7.1 Nondiscrimination In administering this Agreement, Yakima and Selah 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. Page 5 of 6 7.2 Independent Contractor/Insurance Yakima is an independent contractor, and will be responsible for its negligent or wrongful acts with respect to eligible riders the same as it would be to any other rider of Yakima Transit. 7.3 Indemnification 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 indemnify and hold harmless the other for the acts and/or omissions of itself, and its officers, employees, and agents. Neither party to this agreement shall be responsible for the acts and/or omissions of those not a party to this contract. 7.4 Disputes Yakima and Selah will, prior to institution of litigation of any dispute under this agreement, seek mediation of the dispute(s) upon selection of a mutually acceptable mediator. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on the dates indicated below. CITY OF YAKIMA CITY OF SELAH R.A. Zais, Jr., City Manager Bob Jones, May 8, coos Date: ATTEST: Date: TTEST: Karen Roberts, City Clerk City Contract No.a?O0 5 6' Resolution No. R Dk5- 9 3 City Contract No. �-- Resolution No. / ( S-0 Page 6 of 6 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 2- For Meeting of: Tune 7, 2005 A Resolution Authorizing the City of Yakima to execute an Interlocal Agreement with the City of Selah for the provision of Yakima Transit bus service within the borders of the City of Selah. SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/1'k LEPHONE: Ken Mehin/576-6415 SUMMARY EXPLANATION: Submitted for Council consideration is a resolution authorizing the signing of an Interlocal Agreement with the City of Selah to provide public transportation service for up to a two year trial period using the funding obtained from the Congestion Mitigation for Air Quality (CMAQ) program to cover the operating expenses. This expansion of bus service will allow both Cities to offer its citizens their fullest opportunity for access to public transportation, reduce congestion and pollutants on or near our roadways. Resolution X Ordinance _ Other (Specify Interlocal Agreement Contact Person: Ken Mehin, Transit Manager Phone: 509/576-6415 Funding Source: Congestion Mitigation for Air Quality (two year grant award) APPROVED FOR SUBMITTAL :��� �� ' City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to approve the Interlocal Agreement authorizing Yakima Transit the authority to operate within the boundaries of the City of Selah for a two year trial period so that ridership can be tracked, the actual costs, the equipment needs and staffing determined should there be the desire and the funding available to continue beyond this pilot project. BOARD/COMMISSION RECOMMENDATION: The City Transit Council Committee has supported and been given periodic updates at their monthly meetings since the proposal was first discussed last fall, 2004. They approved this funding award at the May 18, 2005 session to begin bus service to the City of Selah commencing on June 20, 2005. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-93 JUN 02 2005 10:55 FR MENKE JACKSON 15095750351 TO 5766414 P.02/03 CITY OF SELAH t11 w/C4r AN WESAMA°zu SELAH, WAsarNG7vn varve' June 2, 2005 Mr. Kirk Bhlis Menke Jackson Beyer Elofson laths Harper, LLP 807N. 39th Avenue Yakima, WA 98902 Re; Yakima - Selah Interlocal Transit Agreement Dear Mr. Ehiis: PRONE 509-08.7326 FAY 5U9.6YX.7itx I understand, through our City Attorney Bob Noe, that you represent the City of Yakima with respect to the Yakima and Selah Interlocal Agreement for Transit Service. As he has indicated to you, the City of Seiah will not have a City Council meeting until June 14, 2005. The Interlocal Agreement will be considered by the City Council at that time. The City Council has expressed approval of the concept of transit service in the City of Selah; however, as you know, they have not reviewed the proposed Interlocal Amor t. It is my belief that the City Council will likely pass a resolution on June 14, 2005 authorizing me to sign that Interlocal Agreement. A copy of the Resolution that will be on the C_.I uncil'.s agenda for the June 14 meeting is enclosed for your reference. I hope that this letter will meet your needs until such time as our City Council can meet concerning the proposed Interlocal Agreemezat. .--' Sincerely, �, c..... --...,,--- 1-- ________):-.3,14, ---• • Robert L. ones Mayer enc .,u y eye GCIL'IJ lei. �D rK i'1bNKt JACKSON 1 4�Snr T rrrn nl l rn 15095750351 TO 5766414 P.03/03 DR Atfl RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAMMA ANI) THE CITY Lk SELAP, FOR ire+ry Cret, PUBLIC S.ELAP, 1ISE C PUBLIC 1 RANSPORTATIOlV SYSTEM L''M WEERP AS; the City c f gels�t+ wiles to avail itw residents of SZNISS to public a �p:mud:la, and WHEREAS, the City of Seinh has not developed and lints not operate a mass transportation system, and WHEREAS, it appears mutually advantageouz to both the City of Selah and the City of Yak ;ma to encourage residents of the City ofSelah to use the public mass tranepnrtation system operated by the City of Yakima to travel to, from. and in the cities of Selah and Yana; NOW THEREFORE, BE IT RESOLVED BY TIIC CITY COT writ, OF THE UITY OF SFLAH, WASHINGTON, that the Mayor be authorized to sign an Interlocal Agreement between the City of Yakima and the (City of Selah for UNC of public transportation system. PASSEL) ANT) AIX)1rl'E:D BY 7'HB CITY COUNCIL OF THE CITY OF SBLAH, WASHINGTON, this 14"' day of June_ 2005_ ATTEST: nate F. Novohielskr, Cleric/Treasurer APPROVED AS TO FORM, Bob Noe, City Attorney RESOLUTION NO. Robert L. Jones, Mayor ** TOTAL PAGE.03 **