HomeMy WebLinkAbout12/09/2008 13 Interlocal Agreement for Yakima Transit Bus Services in the City of Selah BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
110 AGENDA STATEMENT
Item No. 13
For Meeting of: December 9, 2008
ITEM 'I'I I LE: Consideration of a Resolution Reauthorizing the City of Yakima to
execute an Interlocal Agreement with the City of Selah for the
provision of Yakima Transit bus service within the borders of the
City of Selah
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Mehin, Transit Manager
CONTACT PERSON /TELEPHONE: Ken Mehin /576 -6415
SUMMARY EXPLANATION:
Starting July of 2005, 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 early 2005. Also, since July of 2007 Yakima Transit has provided service as
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.
1. Submitted for City Council consideration is a Resolution authorizing execution of the renewal
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 January 1,
2009 to December 31, 2010.
Resolution X Ordinance _ Other (Specify Interlocal Agreement
Contact Person: Ken Mehin, Transit Manager Phone: 509 /576 -6415
Funding Source: 0.3% City of Selah and Yakima sales tax and FTA Funding Allocation
APPROVED FOR SUBMITTAL: : City 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
renewal of 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 has
supported and been given periodic updates at their monthly meetings since the full service In
July of 2007. Yakima Transit has the support of the Council Transit Committee members for
continuation of this service.
COUNCIL ACTION:
RESOLUTION NO.. R- 2008 -
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an Interlocal Agreement with the City of Selah for the provision of
Yakima Transit bus services within the borders of the City of Selah.
WHEREAS, the City of Yakima has developed and operates a public mass
transportation system and, pursuant to the provisions of RCW 39.33.050 and. RCW 39.34.085,
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 govemmental 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.
410 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;
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 9 day of December, 2008.
Dave Edler, Mayor
ATTEST: .
City Clerk
INTERLOCAL 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 govemmental 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,
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 of
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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:
SECTION 1: DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings.
1.1 Effective Date means January 1, 2009.
1.2 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 DialA -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 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 Transit at any time the
•
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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 lnvestiaation 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
Transit and the Yakima Transit Operations Supervisor Investigates the complaint
411
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and issues a response to the complaining party in written form. If the complaint is el
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 LEVELS
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.
12 Service Levels 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.
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
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4111 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. Yakima'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 and by this reference incorporated herein for all services
provided in 2009. Rates for 2010 and any future years of this Agreement shall be
discussed and agreed -to in writing by the parties no later than August 31 prior to the
January 1 effective date. If there is a reduced level of service pursuant to section
3.3 above, the charges 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.
4.2 Dial A Ride Services. Selah shall pay the entire cost (100 %) for Dial -A-Ride trips
for Selah residents. Monthly charges for fuel shall be determined based on the
system -wide total number of Dial A Ride trips over the system wide total mileage (for
an average mileage per trip) multiplied by the average cost per mile for fuel and then
multiplied by the number of trips for Selah residents. Monthly charges for insurance
shall be determined based on the average mileage per trip multiplied by the average
cost per mile for insurance and then multiplied by the number of trips for Selah
residents. The charges for fuel and insurance will be in addition to the monthly Dial
A. Ride invoices sent to Selah as a pass through cost and will be billed on a monthly
basis.
4.3 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.
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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.
5.2 Parties Agree to Meet. 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 City of Selah. Ci 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 January 1, 2009.
6.2 Term. The Term of this Agreement shall be January 1, 2009 to December 31, 2010.
This Agreement may be extended for two additional one -year periods by written
agreement of the parties prior to its expiration. This Agreement may be terminated
early because the funding source (sales tax revenue) drops to a level that makes
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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, or Extensions. 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
Yakima from the exclusive . right to operate Yakima Transit in a manner it
considers appropriate to serve the transportation needs of persons using or
01110 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: TO SELAH:
Ken Mehin Frank Sweet, City Supervisor
Yakima Transit Manager 115 West Naches Avenue
2301 Fruitvale Blvd Selah, WA 98942
Yakima, WA 98902
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
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employees.
4111)
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
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 CITY OF SELAH
R.A. Zais, Jr., City Manager Bob Jones, Mayor
Date: Date:
ATTEST: ATTEST:
Deborah Moore, City Clerk Dale Novobielski, City Clerk
• City Contract No. City Contract No.
Resolution No. Resolution No.
Page 8 of 7
0 10 Selah ._
S. Route served by'lift-equipped bus
Goodlander
S elah H igh .., *North Park A
® Centre
Selah Jr. High k WEE
School ® +' — No.Wenas
J. Campbell II V
Elem. School ® Larson Fruit S
,
Fremont
k
y
N
Viking
Civic Center011 ® Villa g e
® Tree Top
co il
® Goodwill
I5 ry
Outbound ,
O' WOW
Points `1' St.
ITC] Teausit
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Hospital T
I Ilr Schools
® ® City Hall
r Co. Courthouse
Walnut
Bus sto• s ..enerall eve 2 blocks on route.
s Serving (Yakima)' County Courthouse, Yakima City Ball; ( Selah) Goodwill Tree Top, Viking Village,
Selah COY Hall, J Campbell Elementary School, Jr High School, Selah High School Carlon
Park,': North.. Park Centre;` Larson Fruit, Civic Center, (Yakima)°Yakiry a City :Hall, County Courthouse,
Law and Justice Center
! 32 For Transit information, call 5756175.
Appendix A
10 Selah
Monday through End ilunes a vrn
iees
OUTbound bo u
Depart Yakima Selah Selah Selah Selah Yakima Yakima Arrive
Transit No. lst St. lst Street lst Street North Park Civic No. lst St. Co. Courthouse Transit
Center lStreetGoodwjll Freinont Centre Center lStreet CL Hall Center
----- * 610 6:12 4 6:15 6:18 6:22 6:24 6:30
* . I 6 6:55 6:58 7:02 7:04 7:10
* 7:15 7:20 7:25 7:27 7:30 7:33 7:37 7:39 7:45
* 8:00 8:05 8:10 8:12 8:15 8:18 8:22 8:24 8:30
AM * 8:40 8:45 8:50 8:52 8:55 8:58 9:02 9:04 9:10
*,
• - 9:30 9:33 9:37 9:39 9:45
* 10:00 10:05 10:10 10:12 1110:15 10:18 10:22 10:24 10:30
* 10:40 10:45 10:50 10:52 10:55 10:58 11:02 11:04 11:10
* 11:15 11:20 11:25 11:27 11:30 11:33 11:37 11:39 11:45
* 1200 12:05 12:10 12:12 0 '12:15 12:18 12:22 12:24 12:30
* I I • • • 1 ° '! 12:55 12:58 1:02 1:04 1:10
* 1:15 1:20 1:25 1:27 1:30 1:33 1:37 1:39 1:45
* 200 2:05 2:10 2:12 2:15 2:18 2:22 2:24 2:30
PM * 2:40 2:45 2:50 2:52 2:55 2:58 3:02 3:04 3:10
* • • _ 1
* 400 4:05 4:10 4:12 4:15 4:18 4:22 4:24 4:30
4— • I • - • - -1 • -
* 515 5:20 5:25 5:27 4 5:30 5:33 5:37 5:39 5:45 41110
* 6:00 6:05 6:10 6:12 A' 6:15 6:18 6:22 6:24 6:30
Saturda /sbado
9:25 9:27 9:30 9:33 9:37 9:39 9:45
ALI 10:00 10:05 10:10 10:1 41015 10:18 10:22 10:24 10:30
10:40 10:45 10:50 10:52 10:55 10:58 11:02 11:04 11:10
11:15 11:20 11:25 11:27 11:30 11:33 11:37 11:39 11:45
12:00 12:05 12:10 12:12 12:15 12:18 12:22 12:24 12:30
12:40 12:45 12:50 12 12:55 12:58 1:02 1:04 1:10
1:15 1:20 1:25 1:27 1:30 1:33 1:37 1:39 1:45
•ii -1 ° • 2:15 2:18 2:22 2:24 2:30
2:40 2:45 2:50 2:52 ; 2:55 2:58 3:02 3:04 3:10
PM 3:30 3:33 3:37 3:39 3:45
4:00 4:05 4:10 4:12 gi 4:15 4:18 4:22 4:24 4:30
4:55 4:58 5:02 5:04 5:10
5:15 5:20 5:25 5:27 $ 5:30 5:33 5:37 5:39 5:45
6:00 6:05 6:10 6:12 6:15 6:18 6:22 6:24 6:30
* Denotes Holiday Service Schedule
33 For Transit information, call 575-6175.
Appendix A
2009 Costs for All Day and Saturday Service Only for Selah
0
Appendix B
FIXED ROUTE SERVICE
MONDAY thru FRIDAY
6:10am 6:30pm 12.50 Hours ALL DAY WEEKDAY BUS
SATU RDAY:
9:25am - 6:30pm 9.00 Hours ALL DAY SATURDAY BUS
PROPOSED FIXED ROUTE SERVICE COSTS
Mon -Fri All Dav Saturday
$66.55 Cost per Hr $66.55 Cost per Hr
X 12.5 Hrs X 9 Hrs
di $831.88 Cost per Day $598.95 Cost per Day
X 256 * Weekdays [Jan-Dec.] X 52 Saturdays [Jan-Dec.]
$212, 960.00 Total $31, 145.40 Total
TOTAL COSTS
$212, 960.00 Mon -Fri All Day Bus
$ 31, 145.40 Saturday All Day Bus
$244, 105.40 12 Month Total Cost
$122, 052.70 SELAH 12 MONTH SHARE
*eludes 4 Working Holidays