Loading...
HomeMy WebLinkAbout07/05/2011 12 Yakima Transit's Vanpool Program Interlocal Funding Agreement S BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. • . For Meeting of: July 5, 2011 ITEM TITLE: Consideration of a resolution authorizing the City Manager to enter into an interlocal agreement to fund a portion of Yakima Transit's vanpool program. SUBMITTED BY: Chris Waarvick, Public Works Director, 576 -6411 CONTACT PERSON/TELEPHONE: Ken Mehin, Transit Manager, 576 -6415 SUMMARY EXPLANATION: Yakima Transit provides vanpool services to groups of people who work or travel outside of the City of Yakima. The Yakima Valley Conference of Governments (YVCOG) our metropolitan transportation organization has received commute trip reduction funding. The YVCOG has awarded funding to Yakima Transit to supplement our vanpool program. Under the agreement, funding will be used to fill vacant seats for new vanpool starts, fund half the deposit for new vanpool starts, and reward vanpool groups that have been in operation for more than a five -year period. Yakima Transit has not participated in this type of vanpool program in the past. The total amount of funds available under the grant is $30,000 over a three -year period. There are no matching funds requirements per se; however, • if the van doesn't go into service, we will not receive the funds. Also, the funds cover a portion of the commuter's total cost to use the service. Resolution X Ordinance Other_(Specify) Interlocal Agreement Contract X Mail to (name and address) Phone: Funding Source Yakima Valle Conference of Governments APPROVAL FOR SUBMITTAL: C City Manager STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to enter into an interlocal agreement to fund Yakima Transit's vanpool program. BOARD RECOMMENDATION: Because of the recent receipt of this noncompete grant award, the Transit Council Committee has not yet appraised of this matter. The agreement provides $30,000 over three years with matching funds from our vanpool clients through their user rates. Because the funding source to YVCOG has a time limit and the risks are very low, staff recommends the approval of this resolution without further committee deliberation. COUNCIL ACTION: • • RESOLUTION NO. R -2011- A RESOLUTION adopting a resolution authorizing the City Manager to enter into an interlocal agreement to fund a portion of Yakima. Transit's vanpool program. WHEREAS, RCW § 39.34.080 authorizes a public agency to contract with another public agency to perform any governmental service, activity, or undertaking which each public agency is authorized to perform; provided that such contract shall be authorized by the governing body of each party to the contract; and, WHEREAS, RCW § 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities, including an agency of state government, on a basis of mutual advantage; and, WHEREAS, the YVCOG is an authorized RTPO and MPO under the Growth Management Act to provide transportation planning and receive & award federal and state funding on behalf of and to local jurisdictions within Yakima County; and, WHEREAS, the YVCOG has obtained funding to support commute trip reduction efforts within Yakima County; and, WHEREAS, the YVCOG has determined that funding should be provided to the city of Yakima in order to help reduce commuter trips in Yakima County through Yakima Transit's vanpool program; and, WHEREAS, it is necessary for YVCOG and the City to enter into an agreement setting forth the terms, conditions, and requirements for allocating this funding, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to enter into a contract for grant funding for Yakima Transit's vanpool program, as of the date of this resolution's enactment by the City of Yakima, City Council. ADOPTED BY THE CITY COUNCIL at a regular meeting this 5 day of July, 2011. Micah Cawley, Mayor ATTEST: City Clerk INTERLOCAL AGREEMENT BETWEEN THE YAKIMA VALLEY CONFERENCE OF GOVERNMENTS AND THE CITY OF YAKIMA . - THIS AGREEMENT is made and entered into this day of , 2011, by and between the Yakima Valley. Conference of Governments, the Yakima Regional Transportation Planning Organization (RTPO) and Yakima Metropolitan Planning Organization (MPO) (herein referred to as the YVCOG), and the City of Yakima, a Washington municipal corporation (herein referred to as the City). 1. Term. This agreement is effective from the date of this agreement to the earlier of (a) three years from the date both parties have signed, or (b) termination of funding by the funding source for this grant. 2. Statement of Work & Compensation. The Yakima Valley Conference of Governments (YVCOG) agrees to provide financial (grant funded) support to the City for commute trip reduction efforts in the following form: compensation at the rate of $100 per year for each van that has been on the road for more than five years; half of the deposit for any new vanpool van placed into service; and, the cost of up to two seats for new vanpool vans placed into service for up to two months for any vanpool start that isn't full. Compensation shall be prorated for a portion of the month or year (as applicable) that the van is in operation. The total compensation provided by YVCOG shall not exceed thirty thousand dollars ($30,000). 3. Termination. This agreement shall remain in effect for the term specified in Section 1 or until earlier termination by either party as set forth herein. Either party may terminate this Agreement upon written notice of termination delivered to the other party at least 30 days prior to the effective date of termination. Any party required to render performance shall continue to be obligated for performance rendered or costs incurred or contracted for in accordance with the terms of this Agreement prior to the effective date of termination, including the cost of any work contracted for by the City or the cost to the City to terminate . the contract for said work. 4. Amendments. This Agreement shall be amended only in writing signed by both of the parties. Amendments to this agreement may be initiated by any of the parties and shall become final after agreement by all parties and appropriate signatories are attached. 5. Disputes. It is expected that any conflicts arising out of the implementation of this Agreement will be resolved at the staff level. In the event that issues cannot be resolved by staff in a timely fashion, the parties agree to elevate the dispute through equivalent management levels of each party, and if necessary to the agency director or City Manager /Mayor, in the case of the city of Yakima. In the event that . a dispute cannot be resolved in the manner described above, it shall be determined by a Dispute Resolution Board consisting of three representatives (local or . regional) from the Washington . State Department of Transportation familiar with commute trip reduction. All members appointed shall be mutually agreed upon. The Dispute Board shall review the facts, contract terms, and applicable statutes and rules and shall make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 6. Independent Capacity. The officials, employees or agents of each party who are engaged in the performance of this Agreement shall continue to be officials, employees or, agents of that party and shall not be considered for any purpose to be officials, employees or agents of the other party. 7. Legal Relations. Neither party shall be liable for damage or claims which arise from or relate to the performance or non - performance of this Agreement by any other party. Each party shall be responsible only for the negligent acts and omissions of its own officers, employees, and agents, and no party shall be considered the agent of the other. 8. Assignment. The YVCOG and City understands that each party may contract for services provided under this agreement and amendments thereto. However, neither party shall assign or convey the interests or obligations of each party under this Agreement without the specific written consent of the other party. There are no third -party beneficiaries to this agreement. 9. Contract Management. The contract administrators shall be the persons listed below. The contract administrator for each party shall be responsible for and shall be the contact person for all notices and communications regarding the performance of this Agreement. Yakima Valley Conference of Governments City of Yakima 411 Page Scott, Executive Director Ken Mehin, Transit Manager 311 N. 4th Street, Ste 202 2301 Fruitvale Blvd. Yakima, WA 98901 Yakima, WA 98902 (509) 594 -1550 (509) 575 -6005 scottp@yvcog.org kmehin @ci.yakima.wa.us 10. Governance. This Agreement is entered into and under the authority granted by the laws of the state of Washington and applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington.. 11. Conflict of Law or Terms. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal constitutions, statutes and rules; b. Statement of work; and, c. Any other provisions of the Agreement, including materials incorporated by reference. 12. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. ILA - YVCOG and Yakima Transit Page 1 of 3 6/29/2011 13.- Severability. If any provision of this Agreement or any provision of any document ® incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of the Agreement, and to this end the provisions of this Agreement are declared to be severable. 14. All Writings Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 15. Additional Provisions. This Agreement does not create any separate legal entity, create any joint organization, establish any common budget, nor authorize the joint acquisition of any personal or real property. Dated this day of , 2011. CITY OF YAKIMA YAKIMA VALLEY CONFERENCE OF GOVERNMENTS Michael Morales, Interim City Manager Jim Restucci, YVCOG Chairman ATTEST: City Clerk • ILA - YVCOG and Yakima Transit Page 2 of 3 . . 6/29/2011