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HomeMy WebLinkAboutR-2005-094 Transit bus services within the borders of the City of Union GapRESOLUTION NO. R-2005- 94 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute Interlocal Agreement with the City of Union Gap for the provision of Yakima Transit bus services within the borders of the City of Union Gap. 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 Union Gap 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 Union Gap, 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 Union Gap in order to offer the citizens of the City of Yakima and the City of Union Gap the fullest opportunity for access to mass transportation and to reduce congestion and pollutions on those cities roadways, now, therefore; 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 an "Interlocal Agreement for Use of Public Transportation System" between the City of Yakima and the City of Union Gap, in substantially the same form as the attached agreement. The final executed agreement shall be approved as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 7th day of June, 2005. ATTEST: City Clerk 2 Paul P. George, Mayo JNTERLOCAL AGREEMENT FOR USE OF PUBLIC TRANSPORTATION SYSTEM RECITALS 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 Union Gap, 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 Union Gap City Council; and, WHEREAS, through Interlocal Cooperative Agreements such as this, partnerships and other collaborative arrangements, the City of Yakima and City of Union Gap 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 Union Gap to encourage the residents of the city of Union Gap 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 Union Gap; now, therefore, OPERATIVE PROVISIONS IT IS HEREBY AGREED by and between the city of Yakima, a municipal Page 1 of 6 City of Union Gap Contract #2005-13 corporation of the state of Washington (hereinafter referred to as Yakima), and the city of Union Gap, a municipal corporation of the state of Washington (hereinafter referred to as Union Gap), as follows: 1.1 1.2 SECTION 1: DEFINITIONS As used in this Agreement, the following terms shall have the following meanings. Effective Date means the date all necessary parties have signed this Agreement and service hereunder is ready to commence. Eligible Riders means citizens, residents, and visitors to or from Union Gap. 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 Union Gap. 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 Union Gap 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 I evels--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 Union Gap on the fixed routes and schedules described in Appendix "A" in accordance with the regular hours of operation for Yakima Transit. 3.3 I evel 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 Union Gap 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. Union Gap 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 Union Gap 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 Union Gap including, but Page 3 of 6 not limited to labor and preparation to erect 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 Union Gap utility customers and prepared press releases through the local media. Union Gap will also seek support from the Valley Mall (Center Oaks Properties) to encourage the use of public transportation at its facility. 4.2 Additional Service. Should Union Gap 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 Union Gap 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 Page 4 of 6 understand that a master Federal document, which is incorporated by this 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 Union Gap. 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 Union Gap 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 UNION GAP: Dennis Henne City of Union Gap 102 W. Ahtanum Road P.O. Box 3008 Union Gap, WA 98903 SECTION 7: MISCELLANEOUS 7.1 Nondiscrimination In administering this Agreement, Yakima and Union Gap will comply with all laws regarding discrimination; and each party shall be responsible Page 5 of 6 for its discriminatory acts, including the acts of its own officers, agents and employees. �•` ■v v n - 4 rr vvti� ■v=o r'i aklif' A."13"aii ttei e i I ' =d I :� �cav■s _rvr- 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 Union Gap 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 R.A. Zais, Jr., City Manager Date: Fl, aoo.� ATTEST: \,1MA Q ASH1N�'�' City Contract No. �DD6 -6/ City Contract No. 2005-13 Resolution No. X-.2,445--- 9 fi Resolution No 51S Karen Roberts, City Clerk CITY OF UNION GAP Aubr eeves, Mayor Date. 6 — 2 1r^ o ATTEST: Ytic T�•��Y�,�T�a•�Psvw , City Clerk Page 6 of 6 APPENDIX A PASSENGER ALERT: SEE ROUTE #7 FOR RETURN' TRIP. This route now serves part of Union Gap! Outbound Inbound O Transfer Points nTransit Center Hospitals ■ Schools 6. Route served by lift -equipped bus 1 ©® Fru, vale DSHS Public Works 16th Ave. 5t Ave. Fruitvale 'I' St. 1st Street Summitview 5 Eisenhower Tieton High School WilsonM di dle School -Oa ni Lewis & Clark • Middle School Lincoln Chestnut TC Walnut So. 3rd Street Nob Hill Ridgeview ®Elementary 1st Street Washington • Miner's Drive In Valley Mall Blvd. / hestnut Main Street Bus stops every 2 blocks on route. Dept. of Transp. Serving Law & Justice Center, Home Depot, Top Foods, Miner's Drive In, W.S.P., Dept. of Trans., Main Post (Vice, Ridgeview Elem., Stanton Alt. School, Lewis & Clark Mid. School, J.M. Perry Inst., Provident Services, Creekside Industrial Park, Fisher Golf Course, Wilson Mid. School, Eisenhower High School, Fred Meyer Shop. Center, Yakima Public Works, DSHS, O.I.C., Social Security, City Hall, County Courthouse. 32 For Transit information, call 575-6175. GAP PASSENGER ALERT: SEE ROUTE #9 FOR RETURN TRIP. 6. Route served by lift -equipped bus This route now serves part of Union Gap! pAAN OTransfer Points TC Transit Center 0 Hospitals ■ Schools } r Fruitvale / Public Works D \ 03® HS 16th Ave. / 5th Ave. Fruitvale 'i' St. W+E 1st Street 1 -4® Lincoln , Eisenhower� High School WilsonM d� dle School -a© Summitview Tieton Walnut So. 3rd Street Nob Hill Lewis Si Clark IN Middle School Ridgeview Elementary So. 1st Street Washington Miner's ODrive In Valley Mall Blvd. hestnut Main Streei 'C •-:"--WSP Dept. of Transp. Bus stops every 2 blocks on route. Serving Law & Justice Center, Co. Courthouse, City Hall, Social Security, O.I.C., DSHS, Yakima Public Works, Fred Meyer Shop. Cntr., Eisenhower High School, Wilson Mid. School, Fisher Golf Course, Creekside Ind. Park, Provident Services, J. M. Perry Inst., Lewis & Clark Mid. School, Stanton Alt. School, Ridgeview Elem., Main Post Office, Top Foods, Miner's Drive In, W.S.P., Dept. of Trans., Home Depot. 28 For Transit information, call 575-6175. ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. al l For Meeting of: June 7, 2004 A Resolution Authorizing the City of Yakima to execute an Interlocal Agreement with the City of Union Gap for the provision of Yakima Transit bus service within the borders of the City of Union Gap. SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/TELEPHONE: Ken Mehin/576-6415 SUMMARY EXPLANATION: Submitted for Council consideration is a resolution authorizing the signing of an Interlocal Agreement with the City of Union Gap 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 Interlocal Agreement has been submitted to Legal counsel for Union Gap for their review of the document and formal approval. While we have yet to hear back from them, we believe that based on the minor changes requested by Selah, that the ultimate Interlocal Agreement with Union Gap would be substantively the same so that it would be appropriate for the City Manager to execute that agreement with any minor changes. 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 Union Gap 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 Union Gap commencing on June 20, 2005. COUNCIL ACTION: Resolution adopte. RESOLUTION R-2005-94