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HomeMy WebLinkAboutR-2007-085 City of Union Gap Agreement for Transit ServicesRESOLUTION NO. R-2007- 85 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 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; 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, 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 six (6) month 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, Union Gap has agreed to place on the November 2007 ballot a measure allowing the citizens of Union Gap to determine whether or not they wish to fund future transit services by Yakima through an increase in Union Gap's sales tax; 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 19th day of e 2007. ATTEST: ,6L1ro-u.1, City Cler David Edler, Mayor INTERLOCAL 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, Union Gap has agreed to place on the November 2007 ballot a measure allowing the citizens of Union Gap to determine whether or not they wish to fund future transit services by Yakima through an increase in Union Gap's sales tax; 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, Page 1 of 6 OPERATIVE PROVISIONS IT IS HEREBY AGREED by and between the city of Yakima, a municipal 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 July 2, 2007. 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 appropriate consistent with the safe and orderly operation of Yakima Transit. Page 2of6 2.3 Complaint Investigation and Notification, Under the existing Yakima Transit complaint process, a complaining party formally lodges a complaint by providing his or her name, address and phone number and stating the substance of the complaint. The complaint is then logged with Yakima Transit and the Yakima Transit Operations Supervisor Investigates the complaint and issues a response to the complaining party in written form. If the complaint is founded, the response will state what action will be taken to remediate the issue giving rise to the complaint. Yakima agrees to keep Union Gap advised of complaints that relate to the services provided under this Agreement, and the resolution thereof, through the existing Yakima Transit complaint process. 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 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 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 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 Page 3 of 6 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 funded in part through the Department of Transportation's Congestion Mitigation Air Quality Program. Said funds shall be immediately transferred in full to Yakima upon receipt by Union Gap. The remaining consideration for Yakima's provision of services will be "in kind" services provided by Union Gap including, but 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 Rept. 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 partes Agr _ _ o M _pt 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. Page 4 of 6 SECTION 6: EFFECTIVE DATE, TERM, AND AMENDMENTS, MODIFICATIONS; OR EXTENSIONS, NOTICE 6.1 Effective Date. This agreement shall be effective July 2, 2007. 6.2 Term, Unless Federal fundingis withdrawn, the Term of this Agreement shall be for a period of six (6) 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 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 a's follows: TO YAKIMA: Ken Mehin Yakima Transit Manager 2301 Fruitvale Blvd Yakima, WA 98902 Page 5 of 6 TO UNION GAP: Dennis Henne Public Works Director 102 West Ahtanum Rd. 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 for its discriminatory acts, including the acts of its own officers, agents and employees. 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 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., ity Manager CITY OF UNION GAP Aubr. Reeves, Jr., 'ayor Date: 7/2-//c77 Date. 5— 3 /– ° 7 ATTEST: Deborah J. Moorel City Clerk t ATTEST: Kathryn Thompson, CMC, City Clerk City Contract No 02OO7-5b City Contract No. Resolution No. Q - ado7- 85 Resolution No. 660 Page 6 of 6 OUTBOUND Transit 18th St Center Mead D.O.T. AM 6:15 6:22 6:27 6:45 6:52 6:57 7:15 7:22 7:27 Detours On 7:45 7:52 7:57 8:15 8:22 8:27 8:45 8:52 8:57 9:15 9:22 9:27 9:45 9:52 9:57 10:15 10:22 10:27 10:45 10:52 10:57 11:15 11:22 11:27 PM 12:15 12:22 12:27 1:15 1:22 1:27 2:15 2:22 2:27 2:45 2:52 2:57 Detours On 3:15 3:22 3:27 3:45 3:52 3:57 4:15 4:22 4:27 4:45 4:52 4:57 5:15 5:22 5:27 5:45 5:52 5:57 6:15 6:22 6:27 • ROUTE 11 .UNION GAP INBOUND La Salle 10th Ave Valley Mall Blvd Washington Ave Pacific HS Washington Ave S. 1st Street 14th Street Fair Ave AM • 6:42 6:47 6:50 6:55 7:12 7:17 7:20 7:25 7:42 7:47 7:50 7:55 7:40 7:44 7:49 7:52 7:57 8:12 8:17 8:20 8:25 8:42 8:47 8:50 8:55 . 9:12 9:17 9:20 9:25 9:42 9:47 9:50 9:55 10:12 10:17 10:20 10:25 10:42 10:47 10:50 10:55 11:12 11:17 11:20 11:25 SD 11:42 11:47 11:50 11:55 PM 12:35 x.12:42 12:47 12:50 12:55 1:35 R 1:42 1:47 1:50 155 2:35 2:42 2:47 2:50 _ 2:55 3:05 ryE2 3:12 3:17 3:20 3:25 3:10 3:14 3:19 3:22 3:27 3:35 3:42 3:47 3:50 3:55 4:05 4:12 4:17 4:20 4:25 4:35 4:42 4:47 4:50 4:55 5:05 5:12 5:17 5:20 5:25 5:35. 015:42 5:47 . 5:50 5:55 6:05 ' 6:12 6:17 6:20. 6:25 6:35 ill 6:45 SD SD SD Main St. Ahtanum Washington St Ridge 6:30 6:35 7:00 7:05 7:30 7:35 School Days Only 8:00 8:05 8:30 8:35 9:00 9:05 9:30 9:35 10:00 10:05 10:30 10:35 11:00 • 11:05 11:30 11:35 12:30 1:30 2:30 3:00 School Days Only 3:30 4:00 4:30 5:00 5:30 6:00 6:30 Exhibit 'A' YV3 8Z:£Z LOOZ/ZZ/S0 05/22/2007 23:28 FAX Q003/094 2007 6 Month Proposed Costs with Peak Hours Service for Union Gap ..09#01W, .--14041SL F:014340114t All Day Bus 6.15am - 6:45pm 12.5 Service Hours $178,535.00 Mon -Fri $62.80 x 12.5 $785.00 x 127' $99,695.00 All Day Bus t ' Peak Hours Bus 6:45am - 1130pm 2:45pm - 6:30pm TOTAL 4.75 Service Hours 3.75 Service Hours 8.50 Service Hours 16141TE 4:3*/* Cost per Hour (w/o DAR) Service Hours per Day Cost per Day Days [July -Dec.] Total All Day Bus tOrilw moms* °mom Mon -Fri $62.80 X 8.5 $533.80 X 127 Peak Hours Bus. Cost per Hour (w/o DAR) Service Hours per Day Cost per Day Days [July -Dec.] $67,792.60 Total Peak Hours Bus COS' $ 99,695.00 Mon -Fri All Day Bus $ 67,792.60 Mon -Fri Peak Hrs Bus • $167,500.00 $ 4,000.00 $ 5,500.00 $ 1,535.00 $178,535.00 6 Month Total Operating Costs Advertising/Marketing/ Fuel Cost Variance (Estimated Additional) Miscellaneous Expenditures Total •M4Q Funds * Includes 4 Working Holidays Created on 5/7/2007 9:18 AM ♦ Washington Ave Stanton HS 10th Ave • Whitman Cornell 3'1 Ave ROUTE 11 UNION GAP Transit Center Walnut ~÷ 1+ Pacific Ave 6m St. 18th St Nob Hill _♦ Washington Ave S. 1°` Street VALLEY MALL IF Walla Walla Valley Mall Blvd. 3'd Ave 3'" Ave S. ft Street —� Rudkin 18th St Rainier Pl. VM Blvd 4" Longfibre 1— 1 Ahtanum Goodman I Business Parkway L. La Salle HS • 17-- ;11111 _ Zad St Main Street City Hall 1— Washington — Washington St. 4, Rd. Main Street Rudkin Rd. DOT CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 660 A RESOLUTION authorizing the Mayor to sign an Interlocal Agreement Between the City of Yakima and the City of Union Gap, Washington Regarding Use of Public Transportation System in Union Gap. WHEREAS, the City of Union Gap is interested in providing bus service within its City on a trial basis to determine whether there is interest in maintaining bus service within the City; WHEREAS, the City of Yakima is able to provide commuter fixed -route bus service within the City of Union Gap; WHEREAS, the City submitted a Congestion Mitigation Air Quality (CMAQ) grant application for a total of $202,635.00 including a 13.5% city match to provide for the funding of a 6 -month commuter route bus service within the City of Union Gap; WHEREAS, On May 21, 2007 the Yakima Valley Conference of Government (YVCOG) Executive Committee authorized the funding of the grant request to be used for the 6 - month commuter route service within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP, WASHINGTON, HEREBY RESOLVES as follows: The Mayor is authorized to sign the Interlocal Agreement with the City of Yakima for Use of Public Transportation System. PASSED this 29th day of May 2007. c, Aubre - Reeves, Jr., or ATTEST: APPROVED AS TO FORM: Kathrynompso , CMC, City Clerk Robert F. •e City Attorney • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *9 Q For Meeting of: June 19, 2007 ITEM TITLE: A Resolution Authorizing an Interlocal Agreement (ILA) with the City of Union Gap for Yakima Transit bus service in 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 an Interlocal Agreement with the City of Union Gap for Yakima Transit to provide fixed -route commuter bus service in Union Gap. The term of this agreement is July 2 — December 31, 2007. The City of Union Gap approved this ILA at their meeting on May 29, 2007. The funding source for the Union Gap commuter bus service was secured by a Congestion Mitigation Air Quality (CMAQ) grant along with a matching contribution from the City of Union Gap. The City of Union Gap will place a proposition on the November 2007 ballot allowing Union Gap voters an opportunity to consider a measure that would increase their sales tax rate to pay for continued commuter bus service in Union Gap after the six month trial period concludes. This program is similar to the very successful Selah two-year pilot project that was also funded by a CMAQ grant and then put on the ballot and approved by Selah's voters to continue bus service. Resolution X Ordinance Other (Specify Interlocal Agreement Contact Person: Ken Mehin, Transit Manager Phone: 509/576-6415 Funding Source: Congestion Mitigation Air Q lit [CMAQ rant — $178,535 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing and directing the City Manager of the City of Yakima to execute the "INTERLOCAL AGREEMENT FOR USE OF PUBLIC TRANSPORTATION SYSTEM". BOARD/COMMISSION RECOMMENDATION: The City Council Transit Committee has been given periodic updates at their monthly meetings and supports this request. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-85