Yamhill County - Commercial Street Bus Stop J
Exhibit A
INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF TIGARD AND YAMHILL COUNTY TRANSIT AREA FOR A
DEDICATED BUS STOP ON COMMERCIAL STREET IN DOWNTOWN TIGARD
THIS AGREEMENT is entered into between the City of Tigard, a municipal corporation,
acting by and through its City Council, hereafter referred to as TIGARD, and Yamhill County
Transit Area, hereafter referred to as YAMHILL TRANSIT, a County Service District
formed pursuant to ORS Chapter 451.
RECITALS
1. Commercial Street is a public right of way within the city limits of the City of
Tigard that connects Main Street and Hall Boulevard along a line running
generally from the northeast to the southwest in the vicinity of the Tigard Transit
Center.
2. The Tigard Transit Center is located at 8900 SW Commercial Street.
3. YAMHILL TRANSIT provides public transit service between McMinnville and
the Tigard Transit Center on weekdays and Saturdays.
4. YAMHILL TRANSIT desires to provide passenger boarding/alighting at a
location convenient to the Tigard Transit Center
5. It is the desire of TIGARD and YAMHILL TRANSIT to enter into an agreement
to dedicate a location on SW Commercial Street for use as a bus stop by
YAMHILL TRANSIT.
6. Both parties understand and acknowledge that the dedicated bus stop agreement is
of limited duration and terminates on December 31, 2012, unless earlier
terminated or extended by agreement of both parties pursuant to paragraph 4,
herein.
7. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for
the performance of any or all functions and activities that a party to the agreement
has the authority to perform.
AGREEMENT
NOW, THEREFORE,the parties hereto agree as follows:
1. TIGARD OBLIGATIONS
1.1 TIGARD agrees to restrict approximately 40 feet of curb length on SW
Commercial Street, at a location beginning approximately 10 feet to the
southwest of the fire hydrant located on the southern side of Commercial
Street,for use by YAMHILL TRANSIT buses only.
1.2 TIGARD agrees to install appropriate bus stop signage, as provided by
YAMHILL TRANSIT, at said location.
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2. YAMHILL TRANSIT OBLIGATIONS
2.1 YAMHILL TRANSIT agrees to provide bus stop signage consistent with
TIGARD standards and requirements.
2.2 YAMHILL TRANSIT agrees to use the dedicated on-street bus stop location
during regular service hours for boarding/alighting passengers. Short-term
parking not to exceed one hour shall also be allowed to accommodate bus
driver breaks.
3. GENERAL PROVISIONS
3.1 LAWS OF OREGON
The parties shall comply with all applicable laws and regulations regarding
the handling and expenditure of public funds. This Agreement shall be
construed and enforced in accordance with the laws of the State of Oregon.
All relevant provisions required by ORS Chapter 279A and 279B to be
included in public contracts are incorporated and made •a part of this
Agreement as if fully set forth herein.
The parties agree to comply with all local, state, and federal ordinances,
statutes, laws, and regulations that are applicable to the services provided
under this agreement.
3.2 DEFAULT
Time is of the essence in the performance of the Agreement. Either party
shall be deemed to be in default if such party fails to comply with any
material provision of this Agreement. The non-defaulting party shall
provide the other party with written notice of default and allow thirty (30)
days within which to cure the defect.
3.3 INDEMNIFICATION
This Agreement is for the benefit of the parties only. Each party agrees to
indemnify, defend and hold harmless the other parties, and their officers,
employees, and agents, from and against all claims, demands and causes of
actions and suits of any kind or nature (including all attorney fees and costs)
on account of or arising out of services performed, or in any way resulting
from the negligent acts or omissions of the indemnifying party, its officers,
employees and agents. To the extent applicable, the above indemnification
is subject to and shall not exceed the limits of liability of the Oregon Tort
Claims Act (ORS 30.260 through 30.300) and the Oregon Constitution. In
addition, each party shall be solely responsible for any contract claims, delay
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damages or similar items arising from or caused by the action or inaction of
the party under this agreement.
Each party shall give the other immediate written notice of any action or suit
filed or any claim made against that party that may result in litigation in any
way related to this Agreement.
3.4 INSURANCE
Each party agrees to maintain insurance levels or self-insurance in
accordance with ORS 30.282, for the duration of this Agreement at levels
necessary to protect against public body liability as specified in ORS 30.270.
3.5 MODIFICATION OF AGREEMENT
No waiver, consent,modification or change of terms of this Agreement shall
be binding unless in writing and signed by all parties.
3.6 DISPUTE RESOLUTION
The parties shall attempt to informally resolve any dispute concerning any
party's performance or decisions under this Agreement, or regarding the
terms, conditions or meaning of this Agreement. A neutral third party may
be used if the parties agree to facilitate these negotiations. In the event of an
impasse in the resolution of any dispute, the issue shall be submitted to the
governing bodies of both parties for a recommendation of resolution.
3.7 REMEDIES
Any party to this Agreement may institute legal action to cure, correct or
remedy any default, to enforce any covenant or agreement herein, or to
enjoin any threatened or attempted violation of this Agreement. All legal
actions shall be initiated in Washington County Circuit Court. The parties,
by signature of their authorized representatives below, consent to the
personal jurisdiction of that court.
3.8 EXCUSED PERFORMANCE
In addition to the specific provisions of this Agreement, performance by any
party shall not be in default where delays or default is due to war,
insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires,
casualties, acts of God, restrictions required for construction or law
enforcement activities, governmental restrictions imposed or mandated by
governmental entities other than the parties, enactment of conflicting state or
federal laws or regulations, new or supplementary environmental regulation,
litigation or similar basis for excused performance that are not within the
reasonable control to the party to be excused.
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3.9 SEVERABILITY
If any one or more of the provisions contained in this Agreement is invalid,
illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions of the Agreement will not be
affected or impaired in any way.
3.10 INTEGRATION
This Agreement is the entire agreement of the parties on its subject and
supersedes any prior discussions or agreements regarding the same subject.
3.11 INDEPENDENT CONTRACTOR STATUS OF PARTIES
Each party is an independent contractor with regard to each other party and
agrees that the non-performing party has no control over the work and the
manner in which it is performed. Neither party is an agent or employee of
the other. Neither party nor any of its employees is entitled to participate in a
pension plan, insurance, bonus, or similar benefits provided by any other
party by sole reason of this intergovernmental agreement.
3.12 NOTICES
Any notice required pursuant to this agreement shall be given in writing and
shall be effective when received and may be given by hand delivery or
United States mail, first class postage pre-paid, addressed to the parties as
follows:
CITY OF TIGARD: YAMHILL COUNTY TRANSIT AREA
Attention: Craig Prosser Attention: Transit Coordinator
12135 SW Hall Blvd. 535 NE Fifth
Tigard, Oregon 97223 McMinnville, Oregon 97128
3.13 COUNTERPARTS
This agreement may be executed in any number of counterparts, any one of
which shall constitute an agreement between and among the parties.
4. TERM OF AGREEMENT
4.1 This Agreement shall terminate on December 31, 2012, unless otherwise
earlier terminated or extended by the parties.
4.2 This Agreement may be extended in increments of two years by mutual
agreement by the parties. It may be canceled or terminated for any reason by
either party. Termination or cancellation shall be effective thirty (30) days
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after mailing of written notice to the other party, or at such time as the
parties may otherwise agree.
DATED this c;Z,;� )d day of 2011 .
CITY OF TIGARD,OREGON YAMRILL COUNTY TRANSIT
AREA
By: By: �.
Title: Title: ��
ATTEST: ATTES
F° � (�
By: Z By:
Title: Title:
APPROVED AS TO FOR20 APPROVED AS TO FORM:
ity Attorney Yamhill County Counsel
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City of Tigard
RECORDS
New- Records Transmittal
Department: Administrative Services Division Code: 1500 Date: 3/30/2011
Prepared by: Cathy Wheatley Extension: 2410 Dept. Box No.
Description Dates Retention Code
Intergovernmental Agreement between City of 3/22/2011— 166-200-0135 (4)
Tigard and Yamhill County Transit Area for a 12/31/2012
Dedicated Bus Stop on Commercial Street in
Downtown Tigard
***TO BE COMPLETED BY RECORDS DIVISION STAFF
Laserfiche ❑Yes ❑ No Vault ❑Yes ❑ No Entered by: Date:
I/Design and Communications/Records/New Records Transmittal—1/6/11
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CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11- C)q
u A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH
YAMHILL COUNTY TRANSIT AREA TO PROVIDE A DEDICATED ON-STREET
BUS STOP ON COMMERCIAL STREET IN DOWNTOWN TIGARD.
WHEREAS,Yamhill County Transit Area has received funding to provide transit service
between McMinnville and Tigard;and
WHEREAS,Yamhill County Transit Area provides weekday and Saturday service between
McMinnville and Tigard,with stops in Lafayette,Dayton,Dundee,Newberg,and Sherwood;
and
WHEREAS,ridership on Yamhill Transit line serving downtown Tigard increased more than
40%in the last year,with more than 60,000 passenger trips in the year ending February 2011;
and
WHEREAS,Yamhill County Transit Area desires to serve bus passengers at a dedicated bus
stop in Tigard with convenient access to Tigard Transit Center; and
WHEREAS, the City of Tigard has a stated goal of providing a balanced transportation
system,incorporating all modes of transportation;and
WHEREAS, the agreement will enhance access to downtown Tigard and the Tigard Transit
Center,including WES.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The agreement attached as Exhibit A to this Resolution is hereby approved,
and the City Manager is authorized to sign the agreement documents.
SECTION 2: This resolution is effective immediately upon passage.
'nd
PASSED: This��day of ,2011.
i
Mayor-City of Tigard
A
-7-v I-
ity Recorder- City of Tigard
RESOLUTION NO. 11-Q-1
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