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HomeMy WebLinkAbout02/18/2014 05F Yakima Transit Related Advertising Services Agreement with the City of Union Gap re: MOU Amending Contract 90-08BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 2/18/2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution authorizing execution of a Memorandum of Understanding to an existing Purchasing Agreement between the City of Yakima and the City of Union Gap regarding transit advertising. Scott Schafer, Public Works Director, 576-6411 Ken Mehin, Transit Manager, 576-6415 Yakima Transit currently produces a bus book, advertises transit services, and provides GIS information on the location of Yakima Transit's vehicles. The City of Union Gap provides similar services under an agreement with their transit provider. The City of Union Gap desires to outsource that service to the City of Yakima in an effort to be more efficient and eliminate the duplication of unnecessary publications and provide more information to their transit passengers. Yakima Transit, in an effort to better inform passengers of connecting services, desires to provide the requested services. A copy of the proposed Agreement is attached for reference. Resolution: X Other (Specify): Contract: X Start Date: Date executed by the last party to sign Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Dennis Henne, Public Works Director; City of Union Gap; 102 W. Ahtanum Road; Union Gap, Washington 98903 Phone: 509-225-3524 Ordinance: Contract Term: Until terminated by either party End Date: Until terminated by either party Amount: City of Union Gap Partnership Development APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Adopt the Resolution authorizing the City Manager to enter into an Agreement for transit -related advertising services with the City of Union Gap. ATTACHMENTS: Description Upload Date Resolution 2/10/2014 MOU 2/10/2014 Type Resollution Contract A RESOLUTION RESOLUTION NO. R -2014 - authorizing the City Manager to execute an Agreement between the City of Union Gap and City of Yakima Transit 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 Union Gap owns and operates a public transportation service in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City desires to provide advertising, GIS, and bus book related transit services to the City of Union Gap in order to provide more information to passengers who use both our systems; and WHEREAS, both cities desire to coordinate services furthering efforts by the federal and state governments to coordinate transit services; and WHEREAS, this Agreement will further expand an existing Purchasing Agreement that Union Gap has executed with the City of Yakima, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement amending a current Purchasing Agreement, a copy of the Agreement with is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 18th day of February, 2014. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk MEMORANDUM OF UNDERSTANDING INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT By and Between CITY OF YAKIMA, YAKIMA TRANSIT And CITY OF UNION GAP THIS MEMORANDUM OF UNDERSTANDING is executed pursuant to the Intergovernmental Cooperative Purchasing Agreement approved February 13, 1990, by and between the CITY OF YAKIMA, for the use and benefit of Yakima Transit, and the CITY OF UNION GAP, 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 UNION GAP, hereafter called "Union Gap," is a municipal corporation of the State of Washington with City Hall located at 102 W. Ahtanum Road, Union Gap, Washington 98903. C. Union Gap and the City of Yakima have previously entered into an Intergovernmental Cooperative Purchasing Agreement ("Interlocal Agreement") approved by City of Yakima Resolution No. D-5695 on February 13, 1990, pursuant to the authority of RCW Chapter 39.34, for the cooperative purchase and provision of public services. 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 - UNION GAP TRANSIT 11. Memorandum of Understanding 1. Scope of Services. The scope of services shall include the following: (a) Union Gap Bus Routes — Bus Book. Yakima Transit will include transit information regarding Union Gap's fixed -route bus routes in Yakima Transit's Bus Book. Yakima Transit will cooperate with Union Gap 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 and advertising placed on Yakima Transit vehicles. Yakima Transit will provide Union Gap with sufficient advance notice of the date of issuance of any new edition of the Bus Book to provide Union Gap a reasonable opportunity to provide updated information regarding Union Gap's fixed -route transit services, and to notify Yakima Transit of the number of copies of the Bus Book edition needed by Union Gap. The City of Yakima shall retain all copyrights and ownership of Bus Book materials. (b) Transit Media Coverage. Yakima Transit will include Union Gap Transit in Yakima Transit's media announcements and mass transit informational publications concerning transit services offered to the public. Yakima Transit reserves the right to approve, deny, modify and edit such announcements, publications and the content thereof to meet Yakima Transit's applicable standards, and to publish and issue such publications in accordance with its determined schedules. (c) Yakima Transit Web Site and GIS Screen. Yakima Transit will include information and designation of Union Gap fixed -route bus service on Yakima Transit's website and GIS screen, or provide a link on Yakima Transit's website to Union Gap's designated transit webpage. Yakima Transit and Union Gap will cooperate to update such information as necessary or appropriate. Yakima Transit and Union Gap will also cooperate to incorporate information and data regarding Union Gap's fixed -route bus service in any applicable "trip plan" database maintained by the City of Yakima to allow customers to include fixed -route service in Union Gap when using "trip plan" software and applications. Yakima Transit reserves the sole right to control all content of its website and GIS screen. (d) Phone Calls Regarding Union Gap Service. Yakima Transit will modify its phone tree telephone answering service to include telephone calls regarding Union Gap bus service. Phone calls received regarding Union Gap bus service will thereupon be forwarded to the person or department in Union Gap designated by Union Gap to receive and respond to such telephone inquiries. 2. Compensation. Compensation for such services shall be as follows: (a) Union Gap Bus Routes — Bus Book. Union Gap 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 Union Gap'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 Union Gap transit services as compared to the total number of pages in such Bus Book edition. The resulting percentage of pages attributed to Union Gap transit information shall constitute the percentage of total production and publication costs to be reimbursed by Union Gap to 2 MOU - YAKIMA TRANSIT - UNION GAP TRANSIT Yakima Transit. By way of example, if the total number of pages of the Bus Book edition is 12 pages, with 3 pages advertising Union Gap transit services, Union Gap'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 Union Gap 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 Union Gap, 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 Union Gap. Estimated costs are shown in Appendix A. (b) Transit Media Coverage. The parties will cooperate on a case-by-case basis to determine compensation or reimbursement of expenses. If the parties cannot agree, the cost of such media coverage and/or advertisement shall be shared at the ratio of 1/11, with Yakima Transit responsible for ten (10) parts of the whole cost and Union Gap responsible for one (1) part of the whole cost. (c) Yakima Transit Website and GIS Screen. Yakima Transit and Union Gap do anticipate some costs for Union Gap, arising out of inclusion of Union Gap's transit service information in Yakima Transit's website and GIS screen, See Appendix A. In the event Yakima Transit anticipates expenditure of funds identified as directly resulting from inclusion or incorporation of information or data regarding Union Gap's transit service in Yakima Transit's website or GIS screen, or to enable Yakima Transit's "trip plan" database to include Union Gap's transit service data, Yakima Transit will notify Union Gap prior to expenditure. The parties will thereupon determine the amount of reimbursement payable by Union Gap to Yakima Transit for such service if such service is implemented. Union Gap reserves the right to decline such service. (d) Phone Calls Regarding Union Gap Service. Union Gap will reimburse Yakima Transit the cost of any telephone service charges incurred by Yakima Transit attributed to provision of a phone tree answering service directing telephone calls to Union Gap for response. 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 Union Gap. The administrators for each party shall be the following named officers of each agency, together with their designees: Yakima Transit Ken Mehin, Transit Manager Yakima Transit, City of Yakima 2301 Fruitvale Boulevard Yakima, Washington 98902 (Or successor) 3 Union Gap Dennis Henne, Public Works Director City of Union Gap 102 W. Ahtanum Road Union Gap, Washington 98903 (Or successor) MOU - YAKIMA TRANSIT - UNION GAP TRANSIT 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 UNION GAP Tony O'Rourke, City Manager Date Executed: ATTEST: ATTEST: Rodney Otterness, City Manager Date Executed: Sonya Claar Tee, City Clerk City Clerk 4 MOU - YAKIMA TRANSIT - UNION GAP TRANSIT Appendix A BUS BOOK, ADVERTISING, GIS & OTHER TRANSIT -RELATED EXPENSES Bus Book - Yakima Transit prints the bus book four times annually (once per season). This includes an estimated 500 bus books per printing for distribution in Union Gap. It estimated that Union Gap will utilize four total pages in the bus book for Transit operation information (bus route & scheduling). A 40 -page bus book printed at 25,000 copies costs on average $7,347.35. Union Gap's estimated bus book expenses would be $7,347.35 / 11 + $667.94 X 4 editions = $2,671.77 annually. Costs for the Bus Book also vary based on the quantity ordered for each edition. These charges are just for the printing costs. There is an additional $30 per hour to setup the route in the bus book and for changes going forward. Estimated bus book setup is around $360. By adding Union Gap into Yakima Transit's bus book, Yakima Transit will receive phone calls related to Union Gap's Transit service. Yakima Transit intends to forward those calls to a number designated by Union Gap. It is hard to determine what the call volume will be. Transit Advertising - Yakima Transit's estimated advertising on radio, TV and print is $50,000 for 2014. The estimated cost to include Union Gap's transit information in Yakima Transit's advertising is estimated based on a per route share basis of 1/11 (or 9.09%) of cost = $4,545.46. In an effort to encourage ridership in 2014, Yakima Transit is planning to expand their advertising program beyond the $50,000 that was initially budgeted. Union Gap may choose to participate or not participate in expanded advertising efforts and associated costs would be passed on accordingly. Total Estimate 2014: Bus Book $2,671.77 Advertising $4,545.46 $7,217.23 GIS & Related It Services - To add Union Gap's Bus route to iBus, the estimated cost will be $600 (8 hours at $75 per hour). This is the schedule only. Route changes/updates are charged at $75 per hour. To show real-time bus location (bus positioning only), Union Gap would be required to install modems and pay for a monthly cellular service (approx. $40 per vehicle per month). City of Yakima maintenance and data charges (separate from cellular services) for GIS real-time services are $157 per year per modem. Yakima Transit has older modems available at $200ea. The modems mentioned above would be good only for showing the location of the bus on the system. A more expensive modem is required for on -board WiFi for mobile computing or bus announcements. 5 MOU - YAKIMA TRANSIT - UNION GAP TRANSIT