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HomeMy WebLinkAboutR-2007-084 City of Selah Interlocal Agreement for Transit ServicesRESOLUTION NO. R-2007- 84 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute Interlocal Agreement with the City of Selah for the provision of Yakima Transit bus services within the borders of the City of Selah. WHEREAS, pursuant to the provisions of RCW 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 Selah 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 Selah, in 2005 Yakima Transit 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, said grant is set to expire in June of 2007 and given the overwhelming success of the above referenced project the parties wish to continue the project through funding by the Federal Transportation Authority and an increase in the Selah 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 Selah in order to continue to offer the citizens of the City of Yakima and the City of Selah the fullest opportunity for access to mass transportation and to reduce congestion and pollutions on those cities roadways, now, therefore; 1 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 the attached and incorporated "INTERLOCAL AGREEMENT FOR USE OF PUBLIC TRANSPORTATION SYSTEM" between the City of Yakima and the City of Selah. ADOPTED BY THE CITY COUNCIL this 19th day of June 2007. ATTEST: 2 4g4maC oz7z Q City Clerk avid Edler, Mayor JNTERLOCAL AGREEMENT FOR USE OF PUBLIC TRANSPORTATION SYSTEM RECITALS 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 Selah, 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 Selah City Council; and, WHEREAS, through Interlocal Cooperative Agreements such as this, partnerships and other collaborative arrangements, the City of Yakima and City of Selah are committed to discovering and developing innovative ways to deliver critical public services to their residents and neighbors; and, i WHEREAS, it appears mutually advantageous to both the city of Yakima and the city -of Selah to encourage the residents of the city of Selah 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 Selah; and WHEREAS, residents of the City of Selah passed a Proposition placed on the ballot providing for a 3 tenths of one -percent sales tax increase for the purpose of using that money to contract with Yakima Transit for public mass transportation within the City Page 1 of 7 of Selah; Now, Therefore 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 Selah, a municipal corporation of the State of Washington (hereinafter referred to as Selah), 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 Selah. 1.3 Yakima Transit means the public mass transportation system operated by Yakima consisting of a Fixed -Route Service and Dial -A -Ride (American with Disabilities Act required Para -transit) components. 1.4 Fixed -Route Service means the service component of Yakima Transit, which operates on fixed routes. 1.5 Dial -A -Ride means the American with Disabilities Act required Para -transit component of Yakima Transit, which operates as a door-to-door service. 1.6 Schedules mean those schedules established by Yakima and Selah 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 and Selah shall upon mutual agreement establish a Fixed -Route Service within the borders of Selah. Eligible riders may use the Fixed -Route Service of Yakima Page 2 of 7 Transit at any time the service operates by payment of the fare established for that service. The Fixed -Route Service serving Selah and the fare for said service are attached hereto as Appendix' "A" and are incorporated by this reference as if fully set forth herein. 2.2 Use — Dial -A -Ride Service. During the term of this Agreement and consistent with any extensions or modifications subsequently made thereto Yakima shall establish a Dial -A -Ride Service within the city limits of Selah. The City of Yakima Americans with Disabilities Act (ADA) Paratransit service, known locally as Dial -A -Ride, provides advance reservation, curb -to -curb and door-to- door paratransit services to individuals certified as eligible under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. and its implementing regulations ("ADA"). Service shall only be provided to persons who have been pre-screened and pre -approved as eligible for service by Yakima Transit. Dial -a -Ride trips will be provided only within the established service days and hours for Dial -A -Ride and within a service area that will be set forth herein. Clients will be provided service under the same rules and standards, and pay the same fares, expected of all Dial -A -Ride clients. 2.3 Refusal of Use Notwithstanding the provisions of 2.1 and 2.2, 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. 2.4 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 Page 3 of 7 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 Selah 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 i E E S 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 Dial -A -Ride Services Subject to provisions in Section 3.3 of this agreement, at the time of executing this Agreement, Yakima intends to operate the Fixed -Route and Dial -A -Ride Services of Yakima Transit within the borders of Selah on the routes and schedules described in Appendix "A" in accordance with the regular hours of operation for Yakima Transit. 3.3 Level of Services Yakima Transit services 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 providing Selah with reasonable notification of said intent and providing the Parties an opportunity to discuss the necessary and appropriate level of service. Any reduction or increase in levels of service based upon demand for such service shall be mutually agreed upon by the parties. The parties recognize that the level of service provided under this agreement is also dependent upon sales tax revenues Selah actually generates and collects in order to fund the service. Selah can request, and Yakima Transit will provide, a reduction in the level of service if tax revenue projections indicate that the projected revenue will be insufficient to support the existing level of service. Page 4 of 7 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. Selah 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_ Yakirna's provision of transportation services to and for Selah pursuant to this Agreement will be paid for from the sales tax revenues Selah collects. Selah will pay Yakima in accordance with the rates set forth in Appendix "B" attached hereto 1 and by this reference incorporated herein. If there is a reduced level of service pursuant to section 3.3 above, the changes set forth in Appendix "B" shall be reduced proportionately. Yakima and Selah shall share equally (50% - 50%) the costs of operation of the Fixed Route Service and Selah shall pay the entire cost (100%) for Dial -A -Ride trips for Selah residents. 4.2 Additional Service Should Selah desire any additional service that is not listed in Appendix "A" the Parties agree to negotiate the fee for such additional services in good faith. 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 and Dial -A -Ride Service are provided pursuant to this Agreement, Yakima will provide Selah with ridership reports on the Selah fixed route(s) and Dial -A -Ride service for the month, or portion thereof, showing the services provided to residents of Selah. Yakima Transit will do a special ridership survey on a random basis for one week during each quarter. This information will be sent to the City of Selah after it is compiled each time. It would show total passengers for just the City of Selah. Page 5 of 7 5.2 Pa i _s Agr _ _ n _meat. Upon execution of this Agreement the parties shall, at their convenience, meet to discuss 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 mutually agreed upon by the parties. 5.3 Bus Stops, Yakima Transit will supply the bus stop signs, benches and shelters as needed to the City of Selah. City of Selah agrees to place these amenities at the designated locations agreed upon by the parties involved. Bus stop maintenance, and general upkeep will be provided by City of Selah. 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, The Term of this Agreement shall be July 2, 2007 to December 31, 2008, unless earlier terminated because the funding source (sales tax revenue) drops to a level that makes continuation of the Agreement not feasible. Either party wishing to cancel this Agreement prior to the end of the Term shall provide at least one hundred twenty (120) days prior notice of such cancellation to be in compliance with Federal transit regulations on discontinuance of service. 6.3 Amendments, Modifications, nr ExtensinnR This Agreement may be amended, modified, terminated or extended beyond its scope and term only by written instrument signed by the authorized representatives of both Yakima and Selah and as provided for under Section 3.3. 6.4 Additional Funding Yakima agrees to advise Selah 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 Page 6 of 7 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 except as limited by the provisions set forth in Section 3.3 of this Agreement. 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 SELAH: Frank Sweet, City Supervisor 115 West Naches Avenue Selah, WA 98942 SECTION 7: MISCELLANEOUS 7.1 Nondiscrimination In administering this Agreement, Yakima and Selah shall 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 shall 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 to this Agreement shall be responsible for the acts and/or omissions of itself, and its officers, employees, and agents and each party hereto 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 Selah shall, prior to institution of litigation of any dispute Page 7 of 7 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 J R.A. Zais, Jr., City Manager Date: (/ 2l /07 ATTEST: Orruz— Deborah Moore, City Clerk City Contract No 62077- A/9 Resolution No. R- 7- / CITY OF SELAH Bob Jon Date. ATTEST: ale NovobieIskiCity Clerk City Contract No Resolution No /7q5 - Page 7'"5 Page 8 of 7 RESOLUTION NO. / 7 S RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN IN 1LRLOCAL AGREEMENT BETWEEN THE CITY OF SELAH AND CITY OF YAKIMA FOR USE OF PUBLIC TRANSPORTATION SYSTEM WHEREAS, the City of Selah and the City of Yakima entered into an agreement for a public transportation system based on funding from a federal grant, and WHEREAS, the funding on that grant runs out as of July 1, 2007, and WHEREAS, the representatives of the cities have been in the process of developing a new agreement so that transit service can continue as of July 2, 2007 and beyond utilizing a 3 tenths of one -percent sales tax increase approved by Selah residents in a ballot election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELAH, WASHINGTON authorize the Mayor to sign the Interlocal Agreement between the City of Selah and City of Yakima for Use of Public Transportation System. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SELAH, WASHINGTON this 26th day of June, 2007. --- E ATTEST: Dale E. ovol ielslu, APPROVED AS TO FORM: urer Bob Noe, City Attorney RESOLUTION NO. / % % S Robert L. Jones ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9k 9 A For Meeting of: June 19, 2007 A Resolution Authorizing an Interlocal Agreement with the City of Selah for Yakima Transit bus service in Selah Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/TELEPHONE: Ken Mehin/576-6415 SUMMARY EXPLANATION: Over the past two years, Yakima Transit has provided bus service to and from Selah as part of a "pilot project" funded by a Congestion Mitigation Air Quality Program (CMAQ) grant that was secured in 2005. Since then Selah voters approved a proposition increasing its sales tax by 3 tenths of one -percent for the purpose of contracting with Yakima Transit to continue bus service within the City of Selah. Submitted for City Council consideration is a Resolution authorizing execution of an Interlocal Agreement between the City of Yakima and the City of Selah for Yakima Transit to continue bus service to and from Selah. The term of this agreement is July 1, 2007 to December 31, 2008. Resolution X Ordinance _ Other (Specify Interlocal Agreement Contact Person: Ken Mehin, Transit Manager Phone: 509/576-6415 Funding Source: .03% Selah Sales Tax increase an Yakim T nsit's FTA Operating Grant APPROVED FOR SUBMITTAL: /�J� ArriCity Manager STAFF RECOMMENDATION: Staff respectfully requests 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" between the City of Yakima and the City of Selah. BOARD/COMMISSION RECOMMENDATION: The City Transit Council Committee supports this proposal. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-84