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Home My WebLink AboutR-1995-073 Work Release Program - TransportationRESOLUTION NO: R-95 73 A RESOLUTION authorizing the City Manager and City Clerk to execute an agreement with the Yakima Work Release Program for transportation services. WHEREAS, the State Of Washington, Department Of Corrections, Yakima Work Release Program, herein referred to as. "Work Release" currently transports its residents between the Work Release facility at 2011 S. 64th Avenue, outside the corporate limits of the City, and the City's Transit bus stop at the Yakima Air Terminal, so that Work Release Residents may utilize City Transit routes inside the City; and WHEREAS, Work Release has requested that the City transport Work Release Residents from the Work Release facility to the bus stop at the Yakima Air Terminal once each weekday morning and from the bus stop at the Yakima Air Terminal to the Work Release facility once each weekday evening; and WHEREAS, the requested bus service can be provided without substantial effect on current City Transit operations and would substantially benefit Work Release by making Wort. Release staff and equipment available to perform other tasks, and WHEREAS, Work Release has offered to compensate the City for the City's direct operational cost to provide the requested service; and 4110 WHEREAS, it is in the interests of the City and the State that the City provide the requested service, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The Cit) Manager and City Clerk are hereby authorized and directed to execute the attached Agreement for Transportation Services Between the City of Yakima and the Yakima Work Release Program. ADOPTED BY THE CITY COUNCIL this0l day of \k\i\a. , 1995 Mayor ATTEST City Clerk lap.'transit:work release k & res 5/5/95 12:29 PM Resolution re: Agreement for Transportation Services. Page 1 AGREEMENT FOR TRANSPORTATION SERVICES BETWEEN THE CITY OF YAKIMA AND THE YAKIMA WORK RELEASE PROGRAM I. PARTIES THIS AGREEMENT is made and entered into this day of , 1995, by and between the City Of Yakima, Washington, herein referred to as the "City", and the State Of Washington, Department Of Corrections, Yakima Work Release Program, herein referred to as "Work Release." II. RECITALS Work Release currently transports its Residents between the Work Release facility at 2011 S. 64th Avenue, outside the corporate limits of the City, and the City's Transit bus stop at the Yakima Air Terminal, so that Work Release Residents may utilize City Transit routes inside the City. Work Release requests that the City transport Work Release Residents from the Work Release facility to the bus stop at the Yakima Air Terminal once each weekday morning and from the bus stop at the Yakima Air Terminal to the Work Release facility once each weekday evening. Work Release explains that the requested bus service would substantially benefit Work Release by making Work Release staff and equipment available to perform other tasks. The City is willing to provide the service requested by Work Release. It is understood that Work Release residents commonly utilize the City's Transit service, and in most instances, in the morning Work Release residents will continue riding as if they boarded the bus at the Airport, and in the evening they will have boarded the bus at other stops on the route(s) which include the Airport bus stop. III. AGREEMENT WITNESSETH: that in consideration of mutual covenants, promises, and agreements, herein contained, the parties mutually agree as follows: 1. Bus Transportation Service. a. The City shall provide transportation for Work Release Residents by making one bus trip between the Work Release facility at 2011 S. 64th Avenue and the bus stop at the Yakima Air Terminal once each weekday morning and evening, so that Work Release Residents may utilize regular City Transit service inside the City. The City will advise Work Release regarding which weekdays, if any, the City will not operate any bus service due to holidays. b. The City expects that the bus service provided by this agreement will involve the first and last runs of City Transit Route #9. The City reserves the right to vary its existing schedule(s) and/or route(s). The City will notify Work Release at least 30 days in advance of any changes in schedules or routes which affect service under this agreement, and the City will reasonably lap/transit/work release k & res5/5/95 12:29 PM CITY OF YAKIMA AND YAKIMA WORK RELEASE PROGRAM AGREEMENT FOR TRANSPORTATION SERVICES Page 1 endeavor to provide comparable morning and evening transportation for Work Release residents. 2. Ter;. This Agreement shall commence no later than one week after it is fully executed and shall terminate one year thereafter. This Agreement shall be renewable each following year. The purpose of making this Agreement renewable is to provide the City and Work Release opportunities to review the City's costs to provide this transportation service, and to adjust the compensation payable to the City. Renewal shall be established by •mutually acknowledged letter of intent executed prior to the expiration of any current term. Renewal shall normally occur at least 30 days before expiration of any current term. 3. Compensation. In consideration of services provided by the City, Work Release agrees to pay the City's direct operational costs to provide the requested service, including fuel and maintenance. This amount shall be $80D for the first year of this agreement, and may ibe revised in following years. 4. Issmination. Either party may terminate this Agreement, with or without cause, by giving the other fifteen (15) days written notice of termination. 5. ljd Harmless. The parties intend to preserve the status quo prior to this Agreement, in relation to tort: liability for transportation of Work Release residents from the Work Release facility to the bus stop at the Yakima Air Terminal. For events reasonably connected with City bus transportation of Work release residents under this agreement, Work Release shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from any and all liability or loss, and against all claims or actions based upon or arising out of damage or injury, including death, to persons or property caused by any Work Release resident at the Work release facility or between the Work release facility and the bus stop at: the Yakima Air Terminal. Nothing in this agreement is intended to change the legal rights or obligations of the parties after the bus opens its door to pick up passengers at the Yakima Air Terminal in the morning, and before the bus closes its doors after dropping off passengers at the Yakima Air Terminal in the evening. 6. Entry of City Buses onto Work Release Premjises. Work Release acknowledges that City buses will enter onto the Work Release premises to load and unload Work Release residents, the buses may need to turn around on the Work Release premises, and, that the buses are large, heavy vehicles, and that operation of the buses on the Work Release premises may result in wear and tear of paved driveways or other portions of the Work Release premises. Work Release accepts wear and tear resulting from operation of the buses on the Work Release premises. 7. Integration. This Agreement -constitutes the entire agreement between the parties. There are no other oral or written agreements between the parties as to the subjects covered herein. 8. gverability. If any portion of this Agreement is changed by mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in force. lap/transit/work release k de res5/5/95 12:29 PM CITY OF YAKIMA AND YAKIMA WORK R LEASE PROGRAM AGREEMENT FC)R TRANSPORTATION SERVICES Page 2 9. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and send to the parties at their address as follows: To City: Transit Manager Public Works Complex 2301 Fruitvale Blvd. Yakima, WA 98902 To Work Release Work Release Manager Yakima Kittitas Work Release Program 2011 S. 64th Ave. Yakima, WA 98908 or to such addresses as the parties may hereafter designate in writing. Notices demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 10. Litigation/Attorneys' Fees. In the event any suit or action is instituted by either party to enforce compliance with or to interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON STATE OF WASHINGTON, DEPARTMENT OF CORRECTIONS, YAKIMA WORK RELEASE PROGRAM Bv: By: Dick Zais, City Manager Donald Bunch, Manager Dated: Dated; ATTEST: Bv: City Clerk Dated: CITY CONTRACT NO. lap'transit/work release k & res5/5/95 12:29 PM CITY OF YAKIMA AND YAKIMA WORK RELEASE PROGRAM AGREEMENT FOR TRANSPORTATION SERVICES Page 3