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HomeMy WebLinkAboutR-2015-123 Ellensburg Commuter Bus Service Partial Funding Agreement with Central Washington UniversityRESOLUTION NO. R-2015-123 A RESOLUTION authorizing the City Manager to enter into an interlocal agreement with Central Washington University to partially fund commuter bus service between Yakima and Ellensburg for two years. WHEREAS, in November 2011, the Yakima Ellensburg Commuter started with funding from the City of Yakima, Central Washington University (CWU), and the Washington State Department of Transportation (WSDOT), which at the time was operated by HopeSource; and, WHEREAS, on June 16, 2014, Yakima Transit began managing the WSDOT grant -funded service, which is now operated by Central Washington Airporter Inc ; and, WHEREAS, the City of Yakima obtained additional funding from the Washington State Department of Transportation for a two-year period (July 1, 2015 to June 30, 2017); and, WHEREAS, Central Washington University is committed to continue to partner with the City of Yakima in funding the Yakima -Ellensburg Commuter; and, WHEREAS, it is necessary for the City of Yakima and the Central Washington University to enter into an agreement setting forth the terms, conditions, and requirements for Central Washington University to provide funding for the Yakima -Ellensburg Commuter; and, THEREFORE, be it resolved by the City Council of the City of Yakima, the City Manager is hereby authorized to enter into an interlocal agreement with Central Washington University to fund a portion of the commuter bus service operating between Yakima and Ellensburg. ADOPTED BY THE CITY COUNCIL at a regular meeting this 20th day of October, 2015 ATTEST: f �; Sonya Claar Tee, City Clerk ' :` d 711 1 r:L'• 1 J Micah Cawley, % ayor INTERLOCAL AGREEMENT FOR PROVISION OF YAKIMA-ELLENSBURG COMMUTER SERVICE (City of Yakima — Central Washington University) THIS INTERLOCAL AGREEMENT is entered into by and between the City of Yakima and Central Washington University to provide for the support of the public transportation service known as the "Yakima -Ellensburg Commuter" service, which provides fixed -route commuter service to and from the City of Yakima and surrounding communities, and the City of Ellensburg and Central Washington University. I. RECITALS A. City of Yakima, hereafter "Yakima," is a municipal corporation of the State of Washington located at 129 North 2nd Street, Yakima, WA 98901 B. Central Washington University, hereafter "Central Washington University," is a higher education institution of the State of Washington located at 400 E University Way, Ellensburg, WA 98926. C Pursuant to the provisions of Revised Code of Washington (RCW) § 39.33.050, Yakima has developed and operates a public mass transportation system ("Yakima Transit"), and, therefore, has the authority to contract with any other municipal corporation or political subdivision of the State for mass public transportation services. D. RCW Ch 39.34, 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 E On June 3, 2014, Yakima entered into an agreement with CWA, Inc., a Washington corporation, whereby CWA, Inc provides fixed -route commuter service to and from the Cities of Yakima and Ellensburg This "Yakima -Ellensburg Commuter Service" Agreement provides that CWA, Inc. will provide such commuter service from June 15, 2014, through June 30, 2015, with Yakima Transit having the option of a one-year extension to June 30, 2016, all conditioned on Yakima's receipt of funding in the amount equal to at least current funding levels. F Yakima and Central Washington University agree that the Yakima -Ellensburg commuter service benefits citizens of the City of Yakima and students, staff, and faculty at CWU, and that provision of such service is in the best interests of the residents of Yakima and in Ellensburg and will promote the general health, safety, and welfare G. Pursuant to the authority of RCW Chapter 39 34 and RCW § 39.33.050, Yakima and Central Washington University desire to enter in an interlocal agreement to provide for supportive funding during this time to enable and promote the Yakima -Ellensburg commuter service. II. AGREEMENT IN CONSIDERATION of the mutual covenants, conditions and mutual benefits herein, the parties agree as follows. 1 1. Agreement to Participate in Funding. Central Washington University agrees to contribute Eighty Thousand Dollars ($80,000) annually toward the provision of the Yakima - Ellensburg commuter service as described and set forth in the "Yakima -Ellensburg Commuter Service" Agreement dated June 4, 2014, by and between Yakima and CWA, Inc. Such amount shall be paid by Central Washington University in quarterly installments for services rendered during the previous quarter within 30 days of being invoiced. Central Washington University, with the prior approval of Yakima and CWA, Inc., will be allowed to advertise on commuter vehicles during the term of this agreement. 2. Provision of Commuter Service. The continuation of the Yakima -Ellensburg commuter service is conditioned upon Yakima's receipt of funds from all sources sufficient to pay for the cost of such service. The commuter service is currently funded in Targe part by grant funds administered by the Washington State Department of Transportation Such funds are appropriated pursuant to the biennial budget adopted by the State of Washington, and Yakima desires to continue the commuter service, so long as grant funding in an amount sufficient to enable Yakima to continue such service. 3. Term of Agreement. This Agreement shall commence on July 1, 2015, and shall continue for an indefinite period unless terminated as provided in Section 4 below 4. Termination of Agreement. This Agreement may be terminated in any of the following ways. (a) At any time by mutual agreement of both parties. (b) By either party delivering written notice of termination to the other party at least ninety (90) days prior to the effective date of termination (c) This Agreement shall automatically terminate upon cessation of the Yakima - Ellensburg commuter. (d) This Agreement may be terminated at any time by Yakima when Yakima determines, in its sole discretion, that funds on hand or committed are insufficient to fully fund the continuation of the commuter service In the event Yakima determines that such funding may be insufficient to continue the service, it will provide notice of such insufficiency to Central Washington University as soon as reasonably possible so as to enable the parties to mutually agree on the date of termination of this Agreement. If the parties cannot agree, Yakima reserves the right to terminate this Agreement at any time and will deliver written notice of such termination to Central Washington University. 5. Effect of Termination. Upon the effective date of termination, the rights and obligations of both parties under this Agreement shall terminate; provided, however, that Central Washington University shall remain responsible for payment of any unpaid (prorated by service day) portion of the $80,000 annual payment earned by Yakima through the effective date of termination. Likewise, if Central Washington University has prepaid to Yakima any portion of the $80,000 annual payment, the portion of such payment representing prepayment for services to occur after the effective date of termination shall be refunded and remitted by Yakima to Central Washington University. 2 Termination of this Agreement shall not cancel or terminate the parties' obligations to hold the other party harmless for any liability, claim, or demand arising or occurring during the term of the Agreement. 6. Nondiscrimination. In administering this Agreement, Yakima and Central Washington University 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 Independent Contractor/Insurance. The parties agree and understand that Central Washington University's participation in this Agreement is limited solely to provision of partial funding to enable Yakima to continue to provide the commuter service through a separate agreement with a third -party contractor. Yakima retains sole responsibility and authority to administer all contracts with providers of the commuter service and with each agency providing funding for such service. Central Washington University and Yakima are each independent contractors, and will be solely responsible for the negligent or wrongful acts of their respective employees, officers and officials, and, as such, do not provide insurance covering the acts and/or omissions of the other party, its officials, officers and/or employees. Nothing in this Agreement shall be construed to create any relationship between the parties other than independent contractors, and the officials, officers, employees, and volunteers of each party shall not be deemed for any purpose to be the officials, officers, employees or volunteers of the other party 8. Hold Harmless. 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 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. 9. Disputes. Yakima and Central Washington University will, prior to institution of litigation of any dispute under this agreement, seek mediation of the disputes upon selection of a mutually acceptable mediator 10. Governing Law — Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. Venue for any action shall lie in Yakima County, State of Washington. 11. Administration. This Agreement shall be jointly administered by the Administrators of each party, who delegate such administrative duties to the following individuals: City of Yakima Alvie Maxey Yakima Transit Manager 2301 Fruitvale Boulevard Yakima, WA 98902 Central Washington University George Clark VP of Business and Financial Affairs 400 E. University Way Ellensburg, WA 98926 12. Acquisition of Property and Assets. The parties do not intend to jointly acquire or manage any property. Costs, expenses, and disbursements of each party in the performance of this Agreement shall be administered separately by each party Acquisition of property by either party shall be in accordance with the laws and procedures applicable to such party. 13. Posting of Agreement. Upon execution of this Agreement, a copy thereof shall be posted or published in conformity with the provisions RCW Ch. 39 34 3 14. Records and Reports. Reports and documents generated by Yakima for Central Washington University pursuant to the services provided under this Agreement shall be delivered by Yakima to Central Washington University; provided, however, Yakima shall be entitled to retain copies of such reports and documents. All such documents and reports shall be subject to disclosure pursuant to the Public Records Act, RCW Ch. 42.56, as applicable. Yakima records and reports documenting services rendered and billings based thereon shall be made available to Central Washington University for inspection and copying, as appropriate, during regular business hours of Yakima or Yakima Transit, as applicable, upon request by Central Washington University. 15. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an instrument in writing signed by both parties 16. Entire Agreement and Modifications. This Agreement sets forth the entire agreement of the parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda and amendments and by reference incorporate them herein 17. No Third -Party Beneficiary. Nothing in this Agreement is intended to create any rights in any entity not a party to this Agreement nor is any person or entity not named a party herein a third party beneficiary, to this Agreement. 18. No Public Official Liability. No provision of this Agreement nor any authority granted by this Agreement is intended to create or result in any personal liability for any public official or agent of a party, nor is any provision of this Agreement to be construed to create any such liability. WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign below. CITY Or'YAKIM , City Manager Date: � , 2015 CENTRAL WASHINGTON UNIVERSITY George Cla k, Vl hf Business ancMina al Affairs (WI)) Date 4 CITY CONTRAC r NO (_ f )� l�1 RESOLUTION NO: , 2015 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.F. For Meeting of: October 20, 2015 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Central Washington University to partially fund the Yakima/Ellensburg Commuter Service from July 1, 2015 to June 30, 2017 SUBMITTED BY: Scott Schafer, Public Works Director Alvie Maxey, Acting Transit Manager, 576-6415 SUMMARY EXPLANATION: The Yakima/Ellensburg Commuter Service started in November 2011 with funding from a Washington State Department of Transportation (WSDOT) grant, Central Washington University (CWU), & Yakima Transit and has been very successful in connecting the two communities. The new grant cycle will also include the City of Selah. For the two-year grant period (July 1, 2015 to June 30, 2017), CWU has offered to provide financial assistance for this commuter program in the amount of $80,000 per year. To ensure the future success and sustainability of the Yakima/Ellensburg Commuter Service, the matching funds for the WSDOT $400,000 two-year grant are being provided by the City of Selah ($16,000/yr), CWU ($80,000/yr) and the City of Yakima (estimated $58,000/yr plus any cost overruns and program management expenses). The Interlocal Agreement with CWU is attached for City Council review. Resolution: X Other (Specify): Contract: X Start Date: July 1, 2015 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: Contract Term: 2 years End Date: June 30, 2017 Amount: $160,000 Central Washington University ($160,000) Partnership Development APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff respectfully requests City Council approve the resolution authorizing the City Manager to enter into an Interlocal Agreement with Central Washington University to partially fund the Yakima/Ellensburg Commuter Service from July 1, 2015 through June 30, 2017. ATTACHMENTS: Description Upload Date ❑ YEC Agreements Coker Memo 10/7/2015 ❑ Resolution for ILA with Central Washington University 10/7/2015 D ILA - Commuter CWU 15-17 9/16/2015 Type Coker Memo Resolution Contract Date: October 7, 2015 To: Honorable Mayor, Members of City Council, City Manager From: Scott Schafer, Public Works Director Alvie Maxey, Acting Transit Manager Kevin Futrell, Transit Project Planner Subject: Yakima -Ellensburg Commuter Service 2015-2017 Yakima Transit currently operates the Yakima -Ellensburg Commuter and began doing so as of June 16, 2014, when HopeSource (of Ellensburg) stopped providing the service. Yakima Transit and Central Washington University have contributed funding to the program since the services inception in November 2012 to match a Washington State Department of Transportation consolidated grant that Yakima Transit received. Yakima Transit and Central Washington University continue to provide funding to match the State's consolidated grant. During this latest funding cycle, the City of Selah has opted to participate in funding the program in the amount of $16,000/year. These three grant and grant -related agreements encompass the full agreement between Yakima Transit and the Washington State Department of Transportation ($200,000/year), the City of Selah ($16,000/year), and Central Washington University ($80,000/year) for the July 1, 2015 — June 30, 2017 grant cycle. Without the essential support from our funding partners, this service would not exist. Yakima Transit funding amount is estimated to be $58,000 per year; however, Yakima Transit is also responsible for any cost overruns as well as general grant management, program management (includes finance, purchasing, planning, reporting, ticket/pass production & disbursement, and other related services), and contractor oversight. For the 2015-2017 Grant Cycle, Yakima Transit revised the service to include an additional stop within the City of Selah and an additional stop at Central Washington University. Two previous stop locations within the City of Ellensburg were pulled due to the City of Ellensburg electing not to participate in funding towards this commuter service. Due to state regulations, Yakima Transit is required to contract the service out to another organization. The Central Washington Airporter Shuttle is currently providing the service under a contract with the City of Yakima and has done so since June 2014.