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04/03/2018 06E Transit Services MOU with the City of SelahBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.E. For Meeting of: April 3, 2018 ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the City of Selah for Transit Services SUBMITTED BY: Scott Schafer, Public Works Director - 576-6411 Alvie Maxey, Transit Manager SUMMARY EXPLANATION: The City of Yakima Transit Division desires to enter into a Memorandum of Understanding (MOU) with the City of Selah for the purpose of working cooperatively to provide transfer points for riders seeking to transfer between the two transit systems' services areas. The City of Selah has recently decided to begin providing its own transit services to its residents instead of continuing with contracted services with Yakima Transit. In addition, Selah wants to connect the two cities at agreed upon transfer points. Through this MOU, Yakima Transit permits Selah Transit to stop at agreed upon transfer points located within the City of Yakima for the purpose of serving individuals seeking to transfer between the Selah Transit system and the Yakima Transit system: • 1206 N. 40th Avenue (next to Fred Meyer) • 1305 N. 16th Avenue (next to Yakima Cinema) With the exception of Paratransit services, the agreed upon joint -use transfer points are the only locations within the City of Yakima in which Selah Transit is permitted to pick up or drop off passengers. Yakima Transit further agrees to permit Selah Transit to operate Paratransit services within the City of Yakima provided that Selah Transit only transports Selah originated riders. There is no cost associated with the MOU. Its intent is to benefit the residents of both the City of Selah and the City of Yakima. The MOU shall become effective May 1, 2018 and is attached for City Council review. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description • Resolution Selah Transit SenAces MOU • MOU Selah Transit Services Upload Date 3/15/2018 3/15/2018 Type Resd ution act 2 A RESOLUTION 3 RESOLUTION NO. R -2018 - authorizing the City Manager to enter into a Memorandum of Understanding between the City of Selah and the City of Yakima for Transit Services. WHEREAS, the City of Yakima (City) owns and operates a public transportation service within the service area of the City of Yakima through Yakima Transit in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Selah desires to operate its own transit service within the service area of the City of Selah through a contract with a transit vendor; and WHEREAS, it is in the best interest of the residents of both the City of Selah and the City to enter in to this Memorandum of Understanding (MOU) in accordance with the provisions of RCW 39.34 for the purpose of working cooperatively to provide transfer points for individuals seeking to transfer between the two transit system service areas; and WHEREAS, the agreed upon joint -use transfer points are hereby designated as being located at 1206 N. 40th Avenue (next to Fred Meyer) and at 1305 N. 16th Avenue (next to Yakima Cinema); and WHEREAS, the City further agrees to permit the City of Selah to operate Paratransit services within the City of Yakima provided that the City of Selah only transports those using Paratransit whose trip originates in Selah or returns to Selah; and WHEREAS, with the exception of Paratransit services, the agreed upon joint -use transfer points are the only locations within the City of Yakima in which the City of Selah is permitted to pick up or drop off passengers, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Memorandum of Understanding between the City of Selah and the City of Yakima for Transit Services, effective May 1, 2018. ADOPTED BY THE CITY COUNCIL this 3rd day of April, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SELAH AND THE CITY OF YAKUMA THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made by and between the CITY OF SELAH operating SELAH TRANSIT, hereinafter called "Selah Transit" and the CITY OF YAKIMA operating YAKIMA TRANSIT, hereinafter called "Yakima Transit." It is HEREBY AGREED and UNDERSTOOD as follows: 1. The City of Selah desires to operate its own transit service within the service area of the City of Selah through a contract with a transit vendor. 2. The City of Yakima provides its own transit service within the service area of the City of Yakima through Yakima Transit. 3. It is in the besinterest of the residents of both the City of Selah and the City of Yakima for Selah Transit and Yakima Transit to enter in to this Memorandum of Understanding (MOU) in accordance with the provisions of RCW 39.34 for the purpose of working cooperatively to provide transfer points for individuals seeking to transfer between the two transit system service areas. The parties do not intend to create any separate legal or administrative entity by way of this Interlocal MOU and no real or personal property shall be exchanged as a result of this MOU. 4. Joint -use transfer points are hereby designated as follows: • 1206 N. 40th Avenue (nexto Fred Meyer) 1305 N. 16th Avenue (next to Yakima Cinema) See attached map S. Yakima Transit agrees to permit Selah Transit to stop at these specifically agreed upon transfer points located within the City of Yakima for the purpose of serving individuals seeking to transfer between the Selah Transit system and the Yakima Transit system. With the exception of Paratransit services, the agreed upon joint -use transfer points are the only locations within the City of Yakima in which Selah Transit is permitted to pick up or drop off passengers. Selah Transit shall be permitted to use Yakima surface roads when traveling between the two stops designated above. 6. Drop-off and pick-ups at the joint -use transfer points shall be coordinated so that Selah Transit will enter the transfer points approximately 5-10 minutes prior to the arrival of a Yakima Transit bus at the same stop. Selah Transit will conform their scheduled stops at joint -use transfer points in compliance to the requests of Yakima Transit. Such coordination is necessary to alleviate unnecessary congestion and improve service to passengers who use both systems. 7. Selah Transit shall be permitted to post signage at the agreed joint -use transfer locations indicating that the stop is a location for making a transfer to and from Selah Transit. Memorandum of Understanding — Transit 5 8. Selah Transit shall work with Yakima Transit to ensure regular upkeep and maintenance is conducted of the agreed joint -use transfer points. S. Yakima Transit further agrees to permit Selah Transit to operate Paratransit services within the City of Yakima provided Selah Transit only transports those using Paratransit whose trip originates in Selah or returns to Selah. 10. The City of Selah shall indemnify and hold the City of Yakima and its agents, employees and/or officers harmless from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City of Selah orthe City of Yakima arising out of, in connection with, or incident to the execution of the MOU due to the City of Selah's provision of transit services through its Transit Vendor; provided, however, that if such claims are caused by or result from the concurrent negligence of the City of Yakima, its agents, employees and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City of Selah or its Transit Vendor and provided further that nothing herein shall require the City of Selah to hold harmless or defend the City of Yakima, its agents, employees and/or officers from any claims arising from the sole negligence of the City of Yakima, its agents, employees, and/or officers. 11. Insurance: A. At all times during performance of the ServicesCity of Selah shall secure and maintain in effect insurance to protect against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. City of Selah shall provide and maintain in force insurance in Iimits no Iess than that stated below. R. Commercial General Liability Insurance. Before this MOU 15 fully executed by the parties, City of Selah shall provide the City of Yakima with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Ten Million Dollars /$10,000,000.00\ per occurrence combined single limit bodily injury and property damage, and Twenty Million Dollars ($20\000000.00) general annual aggregate. C. Subcontractors. All subcontractors engageby the City of Selah to provide transit services to Iocations within the City of Yakima shall provide the City of Yakima with copies of the certificates of insurance said subcontractor(s) was/were required to provide to the City of Selah under the subcontractor(s) contract(s) with the City ofSelah. The City of Selah's Transit Vendor will maintain General Liability and Automobile Liability insurance for vehicles operated by the Vendor under its contract with the City of Selah for transit services. The City of Selah's Transit Vendor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Washington possessing a Best's policyholder's rating of A- or better and a financial rating of no less than V||, the following Memorandum of Understanding — Transit 6 insurance policies in no Iess than the amounts specifiedbelow. This insurance will name the City of Selah and the City of Yakima, and their respective elected officials, officers, agents, and employees as additional insured's for the transit service the Transit Vendor provides to the City ofSe|mh. (1) Comprehensive General Liability, Bodily Injury and Property Damage Liability, including Premise and Operations, Independent Contractors, Protective Liability, Completed Operations and Products, Contractual, Combined Single Limit of at least $5,OOO,OOO.00per occurrence. (2) Comprehensive Automobile Liability, Bodily Injury and Property Damage Combined Single Limit of at least $5,000,000.00 for any and all vehicles used to provide services pursuant to this Contract. 12. This MOU may only be modified or amended by written agreement signed and acknowledged by each of the Parties hereto. 13. This MOU may be terminated by either party for any reason by giving at Ieast one hundred twenty (120) days' written notice to the other Party. 14. All notices under this MOU must be in writing. The administrative point of contact for each respective party hereto for any communication or contact that is necessary between Parties is as Selah Transit Attn: Joe Henne, Public Works Director 222 South Rushmore Road Selah, WA 98942 Yakima Transit Attn: Alvie MaxeyTransit Manager 23O1Fruitva|eBlvd Yakima, WA 98902 15. This MOU shall be effective as of May 1, 2018, and shall continue thereafter until terminated by either Party in accordance with the provisions ofSection 13 of this MOU. This MOU shall be Iisted by subject on the City website as required by RCW 39.34.040. CITY OF SELAH CITY OF YAKIMA Sherry Raymond, Mayor Cliff Moore, City Manager Date: Date: ATTEST: ATTEST: Dale Novobieiski, City Clerk Sonya Claar Tee, City Clerk Memorandum of Understanding — Transit CityMap crul4 V 4�f 1.7 ei1 Qt Rest Haven lid Willow Lai= Q cr Fred Meyer 4� River Rd W J St 1 Yakima Cinema Elks Feebler Rd ` o T � Park`* FeeblerW I St t 1St 0 A + ,` 'r Castlevale-Rd � '3 eekda • Ti i e EGS% 2 Z1. Willow Sto 0 ` 2 0 a 2 J: z -Z o S Jerome Ave - y . >a r `s E0St c e Englewood Ave Z Englewood Ave Cherry Ave Douglas Or G st of^cci` % , „ern Richey Rd Garfield Ave �aYa �►. Lincoln Ave Yakima 3Fork W Lincoln Ave W Lincoln 1`ve c °‘11r°‘11rtc 44. o • a Snow,"arancheAve 4 z• 4} o o IN pSt lr+t1rt[81r1 RdQ 4 4 Browne Ave Eyl: Bartlett PI March 1, 2018 1:36,112 0 0.3 0.6 0 0.5 1 1.2 mi 2 Ian Saumes: Esri, HERE, Garnen, USGS, Irdermap, INCREMENT P, NRCan, Esri Japan, HETI, Esti Chna (Hong Kong), Esri Korea Esri (Thailand), City dYakfia, YY§shirgton City afYakina, 1AbsHngtan-2017