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07/17/2018 06K Transit Related Advertising Services MOU with the City of SelahBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.K. For Meeting of: July 17, 2018 ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the City of Selah for Transit related advertising services SUBMITTED BY: Scott Schafer, Public Works Director Alvie Maxey, Transit Manager, 576-6415 SUMMARY EXPLANATION: The City of Yakima desires to enter into a Memorandum of Understanding (MOU) with the City of Selah for Transit related advertising services. Currently, Yakima Transit provides a Bus Book every quarter displaying bus maps, schedules, time points, special services, and special events supported by Yakima Transit. The Bus Book is distributed to several areas within the City of Yakima advertising not only the routes and schedules of Yakima Transit buses, but also for the Yakima -Ellensburg Commuter, and Union Gap Transit. The City of Selah recently requested that Selah Transit services be included in the Yakima Transit Bus Book since the City of Selah provides its own transit service; connecting to the City of Yakima. Yakima Transit will include transit information regarding Selah Transit's fixed bus routes and will cooperate with Selah Transit to develop associated artwork and layout of such information. This addition allows for better passenger knowledge of all Transit services supported by Yakima Transit, particularly for those individuals seeking to transfer between the Selah Transit and the Yakima Transit systems. The City of Selah will reimburse Yakima Transit for the costs of production and publication of each edition of the Bus Book that advertises Selah Transit's services during the term of this MOU. The intent of the MOU is to benefit the residents of both the City of Selah and the City of Yakima. The MOU shall become effective July 10, 2018 and is attached for City Council review. ITEM BUDGETED: No STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: City Manager 2 STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution - Selah Transit Advertising 7/2/2018 Resolution 0 MOU Selah Transit Advertising 7/2/2018 Exhibit 3 RESOLUTION NO. R -2018- A RESOLUTION authorizing an agreement with the City of Selah for Transit related advertising services. WHEREAS, the City of Yakima (City) owns and operates a public transportation service in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Selah owns and operates a public transportation service in accordance with applicable Federal, State and Local regulations; and, WHEREAS, the City desires to provide Yakima Transit Bus Book advertising services to the City of Selah in order to provide more information to passengers who use both cities' transportation systems; and WHEREAS, this Agreement will utilize a Purchasing Agreement that Selah has previously executed with the City of Yakima; and WHEREAS, the terms and conditions of the cities' agreed Yakima Transit Bus Book advertising services are set forth in the Memorandum of Understanding attached hereto and incorporated herein by this reference; and WHEREAS, the City Council has determined that it is in the public interest of the residents of the City of Yakima and the City of Selah to advertise the services of the two transportation service providers in the City's Bus Book; 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 with the City of Selah to provide transit -related advertising in the Yakima Transit Bus Books. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2018. Kathy Coffey, Mayor ATTEST: Sonya Claar Tee, City Clerk 4 MEMORANDUM OF UNDERSTANDING INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT By and Between CITY OF YAKIMA, YAKIMA TRANSIT And CITY OF SELAH THIS MEMORANDUM OF UNDERSTANDING is executed pursuant to the Intergovernmental Cooperative Purchasing Agreement approved March 12, 1985, Resolution No. D-5102, by and between the CITY OF YAKIMA, for the use and benefit of Yakima Transit, and the CITY OF SELAH, for the uses and purposes set forth herein and below. I. Recitals A. YAKIMA TRANSIT is a division of the City of Yakima, a municipal corporation of the State of Washington, with City Hall located at 129 North 2nd Street, Yakima, WA 98901. B. Pursuant to the provisions of RCW § 39.33.050, the City of Yakima, a municipal corporation of the state of Washington, has developed and operates a public mass transportation system through Yakima Transit, and has the authority to contract with any other municipal corporation or political subdivision of the state for public mass transportation services. C. The CITY OF SELAH, hereafter called "Selah," is a municipal corporation of the State of Washington with City Hall located at 115 West Naches Avenue, Selah, WA 98942. D. The parties desire to enter into this Memorandum of Understanding providing for dissemination of information regarding mass transportation services under the authority and within the scope of such Interlocal Agreement. 1 MOU - YAKIMA TRANSIT- SELAH TRANSIT 5 11. Memorandum of Understanding 1. Scope of Services. The scope of services shall include the following: (a) Selah Bus Routes — Bus Book. Yakima Transit will include transit information regarding Selah's fixed -route bus routes in Yakima Transit's Bus Book. Yakima Transit will cooperate with Selah to develop associated artwork and layout of such information. Yakima Transit reserves the right to approve or modify such artwork, graphic representations and copy layout, and retains sole control over all content placed within Yakima Transit's Bus Book. Yakima Transit will provide Selah with sufficient advance notice of the date of issuance of any new edition of the Bus Book to provide Selah a reasonable opportunity to provide updated information regarding Selah's fixed -route transit services, and to notify Yakima Transit of the number of copies of the Bus Book edition needed by Selah. The City of Yakima shall retain all copyrights and ownership of Bus Book materials. 2. Compensation. Compensation for such services shall be as follows: (a) Selah Bus Routes — Bus Book. Selah will reimburse Yakima Transit for the costs of production and publication of each edition of the Bus Book issued during the term of this agreement attributed to the production and publication of information pertaining to Selah's transit services included within each edition of the Bus Book. The amount of reimbursement shall be calculated by determining the number of pages of the Bus Book edition dedicated to information regarding Selah transit services as compared to the total number of pages in such Bus Book edition. The resulting percentage of pages attributed to Selah transit information shall constitute the percentage of total production and publication costs to be reimbursed by Selah to Yakima Transit. By way of example, if the total number of pages of the Bus Book edition is 12 pages, with 3 pages advertising Selah transit services, Selah's percentage of reimbursement of costs would be 3/12 or 1/4 of the total costs of production and publication. Yakima Transit will provide Selah with the requested number of copies of each edition of the Bus Book. No additional charge will be assessed for these copies as the reimbursement described above includes publication costs. The above methodology to determine the amount of reimbursement shall be considered the standard methodology. In the event any proposed publication of any edition of the Bus Book exceeds the average number of copies per edition over the previous two years, and such increase is attributed to increased number of copies needed by Yakima Transit, but not by Selah, the parties shall use the standard methodology based on the average number of copies per edition over the previous two years to determine the rate of reimbursement by Selah. 3. Payment of Reimbursement. Billing and payment of reimbursements authorized by this agreement shall be processed in accordance with the payment procedures of the parties. 4. Administration. This Memorandum of Understanding shall be jointly administered by Yakima Transit and Selah. The administrators for each party shall be the following named officers of each agency, together with their designees: Yakima Transit Selah Alvie Maxey, Transit Manager Joe Henne, Public Works Director Yakima Transit, City of Yakima Selah Transit, City of Selah 2 MOU - YAKIMA TRANSIT- SELAH TRANSIT 2301 Fruitvale Boulevard Yakima, Washington 98902 (Or successor) 115 West Naches Avenue Selah, Washington 98942 (Or successor) 6 5. Dispute Resolution. In the event of any dispute arising under the terms of this Memorandum of Understanding, the designated administrators for each party will meet as necessary and appropriate in order to resolve such dispute. If such dispute is not resolved, the parties may seek mediation of the dispute by any mediator mutually acceptable to the parties. Each party shall be responsible for their own costs and attorney's fees incurred in preparation for and during the mediation, and shall each be responsible to pay one-half of the mediator's fee. 6. Term and Termination. This Memorandum of Understanding shall continue in effect until terminated by either party as set forth below. Either party may terminate this Memorandum of Understanding upon written Notice of Termination delivered to the other party at least thirty (30) days prior to the effective date of termination. 7. Effect of Termination. Upon the effective date of termination, all obligations of each party under this Memorandum of Understanding shall terminate, EXCEPT that the obligation to pay reimbursement incurred pursuant to Section 2 above shall continue for any work performed and/or production/publication authorized prior to the effective date of termination. 8. Acquisition and Disposal of Property. The parties do not intend to acquire any real property, or any interest therein, pursuant to this Memorandum of Understanding. Personal property and intellectual property and/or property rights may be acquired. The parties agree and understand that any intellectual property or copyrights acquired pursuant to this Memorandum of Understanding shall remain the exclusive right of the City of Yakima. Upon termination of this Memorandum of Understanding, any personal property or real property acquired, or proceeds from the sale thereof, shall be disbursed to the parties in proportion to the cost contributed by each party for the acquisition of such property. 9. Entire Agreement — Amendments. This Memorandum of Understanding contains the entire agreement of the parties regarding the items set forth herein. This Memorandum of Understanding may be amended or supplemented only in writing signed by both parties. 10. Effective Date. This Memorandum of Understanding shall be effective upon the date executed by the last party to sign below. CITY OF YAKIMA CITY OF SELAH Cliff Moore, City Manager Date Executed: ATTEST: ATTEST: Sherry Raymond, Mayor Date Executed: Sonya Claar Tee, City Clerk Dale Novobielski, City Clerk/Treasurer 3 MOU - YAKIMA TRANSIT- SELAH TRANSIT