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
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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
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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
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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
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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.
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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 **