HomeMy WebLinkAboutR-2018-033 Transit Services MOU with the City of SelahA RESOLUTION
RESOLUTION NO. R-2018-033
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
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SELAH
AND THE CITY OF YAKIMA
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 best interest 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 (next to Fred Meyer)
1305 N. 16th Avenue (next to Yakima Cinema)
See attached map
5. 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
Page 1 of 4
8. Selah Transit shall work with Yakima Transit to ensure regular upkeep and maintenance is
conducted of the agreed joint -use transfer points.
9. 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 or the 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 Services, City 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 limits no less than that stated below.
B. Commercial General Liability Insurance. Before this MOU is 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 ($20,000,000.00)
general annual aggregate.
C. Subcontractors.
All subcontractors engaged by the City of Selah to provide transit services to locations 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 of Selah.
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 VII, the following
Memorandum of Understanding — Transit
Page 2 of 4
insurance policies in no less than the amounts specified below. 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
of Selah.
(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 $5,000,000.00 per 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 least 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
follows:
Selah Transit
Attn: Joe Henne, Public Works Director
222 South Rushmore Road
Selah, WA 98942
Yakima Transit
Attn: Alvie Maxey, Transit Manager
2301 Fruitvale Blvd
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 of Section 13 of this MOU. This MOU shall be listed
by subject on the City website as required by RCW 39.34.040.
CITY OF SELAH
S Porno/I
Sherry Raymond, Mayor
Mw-(\ 13 , 20► 8
Date:
ATTEST:
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Dale Novo•ieiski, City erk
CITY OF YAKIMA
Cliff Mo re, City Manager
Date:
T:
•
Sonya Tee, City ClerkA )t
CITY CONTRACT NO: 01i9 he -7b.�
RESOLUTION NO: R -0491 g -0 -�
Memorandum of Understanding - Transit
Page 3 of 4
BUSINESS 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
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