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HomeMy WebLinkAboutR-2004-028 Washington State Department of Transportation - Special Needs Paratransit GrantRESOLUTION NO. R-2004- 28 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute all necessary documentation to accept the Special Needs Paratransit Grant from the Washington State Department of Transportation through the Agency Council on Coordinated Transportation (ACCT) WHEREAS, the City currently provides and intends to continue to provide paratransit transportation services in Yakima through its Dial -A -Ride program as required by the Americans with Disabilities Act (ADA); and, WHEREAS, a Special Needs Paratransit grant has been awarded to Yakima Transit, and Yakima Transit's Special Needs Transportation Services program would meet grant requirements to provide an enhanced public transportation program for those with special needs who qualify under the ADA; and WHEREAS, after project review, the Council Transit Committee's recommendation is to approve the Special Needs Transportation Services project, and WHEREAS, it is in the best interest of the City to utilize the grant award to provide a Special Needs Transportation Services program in Yakima for those with special transportation needs who qualify under the ADA; 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 necessary grant documentation for the Special Needs Transportation Grant award from the Washington State Department of Transportation through the Agency Council on Coordinated Transportation (ACCT) to provide an enhanced public transportation services program for American with Disabilities Act (ADA) recipients with special transportation needs. ADOPTED BY THE CITY COUNCIL this 3 • of Febru: 2004. ATTEST: Paul George, Mayor City Clerk Resolution Special Needs Services/ms State Of Washington Operating Assistance Agreement CONTRACTOR Yakima Transit 2301 Fruitvale Blvd. Yakima, WA 98902 PROJECT COST State Paratransit/Special Needs Transit Formula $35,516 100% Contractor Share $ 0 0% Total Cost $35,516 100% AGREEMENT NUMBER GCA3989 Scope of Project: Provide operating funding assistance for passenger transportation services to persons with special needs as described in Appendix A, Scope of Work. Term of Project: July 1, 2003 through June 30, 2005 Service Area: Yakima County THIS AGREEMENT, entered into by the State of Washington Department of Transportation (hereinafter referred to as "WSDOT") and the contractor identified above (hereinafter referred to as the "Contractor"), WITNESSETH THAT: WHEREAS, the State of Washington has appropriated Rural Mobility Funds to provide transportation to the residents in the State of Washington; and WHEREAS, the State of Washington has appropriated ParaTransit/Special Needs Funds to provide transportation to the residents who have special needs; and WHEREAS, specific funding sources and amounts for this agreement are shown in Appendix A, Scope of Work and Budget, of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein set forth, WSDOT and the Contractor agree to the following terms and conditions: Section 1 Purpose of Agreement The purpose of this Agreement is to provide for operating funds to be used for the provision of transportation services to the residents of rural areas and to the residents with special needs (hereinafter referred to as "Project"), by the Contractor and to state the terms, conditions, and mutual understandings of the parties as to the manner in which the Project will be undertaken and completed. Section 2 Scope of Project The Contractor shall undertake and complete the Project described in the space titled "Scope of Project," above in accordance with the terms and conditions of this Agreement. The Contractor shall commence, perform, and complete the Project within the period of time defined in the space within the caption of this Agreement entitled "Term of Project". Section 3 Contractor's Share of Project Costs The cost of the Project shall be in the amount indicated in the space titled "Project Cost," above, and shall be borne in the manner described therein. The Contractor agrees to expend eligible funds, together with the local funds allocated for the Project, in an amount sufficient to assure payment of the total cost. The Contractor further agrees that there shall be no reduction in the amount specified as the Contractor's share unless there is a concurrent proportional reduction in the state share. If at any time the Contractor becomes aware that the cost which it expects to incur in the performance of the Agreement will exceed or be substantially less than the amount indicated in the space titled Total Project Cost, above, the Contractor shall notify WSDOT promptly in writing to that effect 2 Section 4 Reimbursement A. WSDOT, solely using state grant funds, shall reimburse the Contractor for the state share of the Contractor's allowable expenses incurred in completing the Project as described in Scope of Project, above. Allowable Project expenses shall be determined by WSDOT as described in WSDOT's "Guide to Managing Your Public Transportation Grant", which by reference is incorporated herein." In no event shall the total amount reimbursed by WSDOT hereunder exceed the state share identified in the space entitled "Project Cost," above. B. Payment will be made by WSDOT on an incremental reimbursable basis. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. Any financial summaries submitted to WSDOT must include a record of the actual costs. C. The Contractor's final payment request must be received by WSDOT by July 15, 2005, within 30 days of the completion of the project, or within 30 days of the termination of this Agreement, whichever is sooner. Any payment request received after July 15, 2005 will not be eligible for reimbursement. Section 5 Assignments and Subcontracts, Unless otherwise authorized in writing and in advance by WSDOT, the Contractor shall not assign any portion of the project or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any assignee with respect to its rights and responsibilities under this Agreement. The Contractor agrees to include Sections 10 through 15 of this Agreement in each subcontract; and in all contracts it enters into for the employment of any individuals, procurement of any incidental goods or supplies, or the performance of any work to be accomplished under this Agreement, subject to the limitations set forth in Energy Conservation and Environmental Requirements section of this Agreement. It is further agreed that those clauses shall not be modified in any such subcontract, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition , the following provision shall be included in advertisement or invitation to bid for any procurement by the Contractor under this agreement: Statement of Financial Assistance This Agreement is subject to a fmancial assistance contract between the Washington State Department of Transportation and the Federal Transit Administration, and the appropriations of the State of Washington. Section 6 Reports The Contractor shall prepare reports regarding services provided pursuant to this Agreement and other related information, for such periods of time and with such frequency as may be prescribed by WSDOT. Those reports include, but are not limited to: A. Passenger Trips Provided B. Project Service Hours Provided C. Project Revenue Miles Provided D. Narrative Progress Report E. Financial Status of Project Section 7 General Compliance Assurance The Contractor agrees to comply with such instructions as prescribed in WSDOT's "Guide to Managing Your Public Transportation Grant" and to comply with the requirements of United States and Washington State law. The Contractor agrees that, WSDOT and any of WSDOT's representatives, have not only the right to monitor the compliance of the Contractor with the provisions of this Contract but also have the right to seek judicial enforcement with regard to any matter arising under the Contract. Section 8 No Obligation by the State Government No contract between the Contractor and its subcontractors shall create any obligation or liability of WSDOT with regard to this Agreement without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof. The Contractor hereby agrees to include this provision in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this Agreement. GCA3989 3 Section 9 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with the Agreement, it being understood that in such matters they are acting solely as agents of WSDOT. Section 10 Ethics A. Code of Ethics. The Contractor agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts. The code or standards shall provide that the Contractor's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or subrecipient. The Contractor may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. These codes or standards shall prohibit the Contractor's officers, employees, board members, or agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, such code or standards shall include penalties, sanctions, or other disciplinary actions for violations by the Contractor's officers, employees, board members, or agents, or by subcontractors or subrecipients or their agents. 1. Personal Conflict of Interest. The Contractor's code or standards shall prohibit the Contractor's employees, officers, board members, or agents from participating in the selection, award, or administration of a contract supported by state funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm or entity selected for award: a. The employee, officer, board member, or agent; b. Any member of his or her immediate family; c. His or her partner; or d. An organization that employs, or is about to employ, any of the above. 2. Organizational Conflict of Interest. The Contractor's code or standard of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or impair its objectivity in performing the contract work. B. Relationships with Employees and Officers of WSDOT. The Contractor shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the Contractor rent or purchase any equipment and materials from any employee or officer of WSDOT C. Employment of Former WSDOT Employees. The Contractor hereby warrants that it shall not engage on a full, part-time, or other basis during the period of the Agreement, any professional or technical personnel who are, or have been, at any time during the period of the Agreement, in the employ of WSDOT without written consent of WSDOT. Section 11 Civil Rights The Contractor shall comply with all applicable civil rights statutes and implementing regulations including, but not limited to. A. Nondiscrimination --Title VI of the Civil Rights Act. The Contractor agrees to comply, and assure compliance by each third party contractor at any tier, with all requirements prohibiting discrimination on the basis of race, color, or national origin, pursuant to Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d; and USDOT regulations, "Nondiscrimination in Federally Assisted Programs of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act, "49 CFR Part 21. B. Equal Employment Opportunity. The Contractor agrees to comply, and assures compliance by each third party contractor at. any tier, with all requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and 49 U.S.C. §5332 and any implementing requirements FTA may issue. These equal employment opportunity (EEO) requirements include, but are not limited to, the following: 1. The Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship GCA3989 4 C. Nondiscrimination on the Basis of Sex. The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§1680 et seq.; with U.S. DOT regulations "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal financial Assistance, 49 C.F.R. Part 25; and with any implementing directives that U.S. DOT or FTA may promulgate, which prohibit discrimination on the basis of sex. D. Nondiscrimination on the basis of Age. The Contractor agrees to comply with applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§6101 et seq., and implementing regulations, which prohibits discrimination on the basis of age. E. Disabilities -Employment. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.0 § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. Disabilities -Access. The Contractor agrees to comply with the requirements of 49 U.S.C. §5301(d) which state the Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement said policy. The Contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, which prohibit discrimination on the basis of handicap; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§12101 et seq., which requires the provision of accessible facilities and services; and with the Federal regulations, including any amendments thereto following: U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; Joint U.S. Architectural and Transportation Barriers Compliance Board U.S. DOT regulations; "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; Handicapped and Any other nondiscrimination statute(s) that may apply to the Project. F. Other Nondiscrimination Statutes. The Contractor agrees to comply with all applicable requirements of any other nondiscrimination statute(s) that may apply to the Project. Section 12 Energy Conservation andEnvironmental Requirements A. Energy Conservation. The Contractor shall comply with the mandatory standards and policies relating to energy efficiency standards and policies within the Washington State energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq., and any amendments thereto. B. Environmental Protection. The Recipient agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq. Section 13 Accounting Records A. Project Accounts. The Contractor agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Contractor agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Funds Received or Made Available for the Project. The Contractor agrees to deposit in a financial institution, all advance Project payments it receives and record in the Project account all amounts provided by the state in support of the Grant Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project. C. Documentation of Project Costs and Program Income. The Contractor agrees to support all costs charged to the Project, including any approved services contributed by the Contractor or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Contractor also agrees to maintain accurate records of all program income derived from implementing the Project. Section 14 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, and Other Documents. During the course of the Project and for six years thereafter, the Contractor agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require Project closeout does not alter these recording and record-keeping requirements. GCA3989 5 Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six-year period then the Contractors obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The Contractor agrees to obtain any other audits required by WSDOT. Project closeout will not alter the Contractor's audit responsibilities. C. Inspection. The Contractor agrees to permit WSDOT, the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its contractors pertaining to the Project. The Contractor agrees to require each third party to permit WSDOT, and the State Auditor or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 15 Labor Provisions A. Overtime Requirements. No contractor or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Section 16 State, Territorial, and Local Law Except when a Federal statute or regulation pre-empts State, local, or territorial law, no provision of this Agreement shall require the Contractor to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of State, territorial, or local law. Thus if any provision or compliance with any provision of this Agreement violate State, territorial, or local law, or would require the Contractor to violate State, territorial, or local law, the Contractor agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the Contractor agree to make appropriate arrangements to proceed with or, if necessary, terminate the Project expeditiously. Section 17 Limitation of Liability The Contractor shall indemnify and hold harmless WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to the execution of this agreement and/or the contractors performance or failure to perform any aspect of this Agreement. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the Contractor, its agents, employees and officers. Provided, however, that nothing herein shall require the Contractor to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this agreement. The Contractor's relation to the WSDOT shall be at all times as an independent contractor. The Contractor specifically assumes potential liability for actions brought by Contractors employees and/or subcontractors and solely for the purposes of this indemnification and defense, the contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 revised Code of Washington. In the event either the Contractor or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of the Agreement against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. Section 18 Coordination of Special Needs Transportation It is the policy of WSDOT to actively support coordination of special needs transportation in the State. As a condition of assistance, the contractor is required to participate in local transportation coordination coalitions in their service area that are sponsored by the Agency Council on Coordinated Transportation ACCT). GCA3989 6 Section 19 Protection of Sensitive Security Information To the extent applicable, the Contractor agrees to comply with section 101(e) of the Aviation and Transportation Security Act, 49 U.S.C. 40119(b), with U.S. Transportation Security Administration regulations, "Protection of Sensitive Security Information", 49 C.F.R. Part 1520, and with any implementing regulations, requirements, or guidelines that the Federal Government may issue. Section 20 Changed Conditions Affecting Performance The Contractor hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this Agreement. Section 21 Agreement Modifications Either party may request changes in these provisions. Any changes to the provisions of this Agreement must be mutually agreed upon and incorporated by written amendment to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by the authorized representatives of the parties hereto. Section 22 Termination A. Termination for Convenience. WSDOT may suspend or terminate this Agreement, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest or convenience for reasons including, but not limited to, the following: 1. The requisite federal funding becomes unavailable through failure of appropriation or otherwise; 2. The FTA declares its agreement with WSDOT for this Project null or void, or for any other reason seeks a refund or return of the moneys it has provided to WSDOT for this Project. In this instance, the Contractor shall return all moneys reimbursed to it by WSDOT within sixty (60) days of its receipt of a certified letter to this effect from WSDOT; 3. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 4. The Contractor is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 5. The Contractor is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor. 6. In the case of a termination for the best interests or convenience of WSDOT except for 2 above, the Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to WSDOT. If the Contractor has any property in its possession belonging to WSDOT, the Contractor will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this Agreement, in whole or in part, at any time by written notice to the Contractor if the Contractor materially breaches or fails to perform any of the requirements of this Agreement, including: 1. Takes any action pertaining to this Agreement without the approval of WSDOT, which under the procedures of this Agreement would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this Agreement, provisions identified in WSDOT's "Guide to Managing Your Public Transportation Grant," United States of America laws, Washington state laws, or local governmental laws under which the Contractor operates; 3. Fails to perform in the manner called for in this Agreement, or fails to comply with, or is in violation of, any provision of this Agreement, then WSDOT may terminate this Agreement for default. Termination by default hereunder shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. If it is later determined by WSDOT that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) business days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and GCA3989 7 other appropriate conditions. If the Contractor fails to remedy to WSDOT's satisfaction the breach or default to any of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by Contractor or written notice from WSDOT setting forth the nature of said breach or default WSDOT shall have the right to terminate the Agreement without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against Contractor and its sureties for said breach or default. In the event that WSDOT elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. Section 23 Lack of Waiver In no event shall any WSDOT payment of grant funds to the Contractor constitute or be construed as a waiver by WSDOT of any Contractor breach, or default which and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. Section 24 WSDOT Advice The Contractor bears complete responsibility for the administration and success of the Project as it is defined by this Agreement and any amendments thereto. If the Contractor seeks advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the Contractor for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advise to the Contractor. Section 25 Subrogation A. Prior to Subrogation. WSDOT may require the Contractor to take such action as may be necessary or appropriate to preserve the Contractor's right to recover damages from any person or organization alleged to be legally responsible for injury to any equipment, property, or transportation program in which WSDOT has a fmancial interest. B. Subrogation. WSDOT may require the Contractor to assign to it all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the Contractor shall execute, deliver, and do whatever else necessary to secure WSDOT's rights. The Contractor shall do nothing after any loss to prejudice the rights of WSDOT. C Duties of the Contractor. If WSDOT has exercised its right of subrogation, the Contractor shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT. The Contractor shall attend hearings and trials, assist in securing and giving evidence, and obtain the attendance of witnesses. Section 26 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 27 Disputes A. Disputes. Disputes arising in the performance of obligations under this Agreement that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of WSDOT. This decision shall be final and conclusive unless, within ten (10) days from the date of receipt of its copy, the Contractor delivers a written appeal to the authorized representative of WSDOT. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of WSDOT shall be binding upon the Contractor and the Contractor shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the Contractor shall continue performance under this Agreement while matters in dispute are being resolved. C. Claims for Damages. Should either party to this Agreement suffer injury or damage to person, property, or right because of any act or omission of the other party or any of that party's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. D. Rights and Remedies. All remedies provided in the Agreement are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the parties hereto. No action or failure to act by the GCA3989 8 WSDOT or Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Section 28 Venue and Process In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The Contractor hereby accepts the issuing and service of process by registered mail at the mailing address shown in the heading of this agreement under Contractor. Section 29 Independent Contractor The Contractor shall be deemed an independent contractor for all purposes, and the employees of the Contractor or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. Section 30 Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. Section 31 Execution and Acceptance This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Contractor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 32 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 33 Affect of Invalidity of Any Provision Hereof If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. GCA3989 9 Section 34 Execution This Agreement is executed by the Director, Public Transportation and Rail Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation and Rail Division, or as a designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year last written below. STATE OF WASHINGTON DEPARTMEN.4OF TRANSPORTATION CONTRACTOR By: JU GINIGER ctor, Public Transportation and Rail Division Date: thJ5L Approved as to form: By: JEANNE A. CUSHMAN, Assistant Attorney General Counsel to the Public Transportation and Rail Division Date: August 28, 2003 1:PT1 By: Print Name: N { 1\ • 2I5 Print Title: e'1 L -C s t`i Pt, t E Who by this signature certifies their authority to execute this agreement on behalf of the contractor. ie Date: f j_'fulNi i t- 2Oc y' CITY CONTRACT NO: RESOLUTION NO: GCA3989 10 GCA3989 Appendix A SCOPE OF WORK AND BUDGET • PROJECT A Scope of Work: Provide operating funding assistance to establish and operate a program to train special needs clients to utilize existing transportation services. Project Budget: Funding identified in the PROJECT COST section of this agreement reflects funding for 2003/2005. Funding Percentage 2003/2005 Actual Totals Total Project Cost 100% $35,516 $35,516 Local Match 0% $0 $0 State Paratransit/Special Needs Transit Formula 100% $35,516 $35,516 GCA3989 - 11 GCA3990 Appendix A SCOPE OF WORK AND BUDGET • PROJECTA Scope of Work: Provide capital funding assistance to purchase three used ADA accessible buses and one ADA accessible van and to support new service extension, purchase benches, shelters, and new signs for special needs transportation services. Project Budget: Funding identified in the PROJECT COST section of this agreement reflects funding for 2003/2005. Funding Percentage 2003/2005 Actual Totals Total Project Cost 100% $80,000 $80,000 Local Match 0% $0 $0 State Paratransit/Special Needs Transit Formula 100% $80,000 $80,000 GCA3990 State of Washington Capital Assistance Agreement CONTRACTOR Yakima Transit 2301 Fruitvale Blvd. Yakima, WA 98902 PROJECT COST State Paratransit/Special Needs Transit Formula $80,000 100% Contractor Share $ 0 0% Total Cost $80,000 100% AGREEMENT NUMBER GCA3990 Scope of Project: Provide capital funding assistance for passenger transportation services to persons with special needs as described in Appendix A, Scope of Work. Term of Project: July 1, 2003 through June 30, 2005 Service Area: Yakima County THIS AGREEMENT, entered into by the State of Washington Department of Transportation (hereinafter referred to as "WSDOT") and the contractor identified above (hereinafter referred to as the "Contractor"), WITNESSETH THAT: Whereas, the State of Washington has appropriated Rural Mobility Funds to provide transportation for the residents in the State of Washington, and Whereas, the State of Washington has appropriated ParaTransit/Special Needs Fund to provide transportation to the residents who have special needs, and Whereas, specific funding sources and amounts for this agreement will be shown in Appendix A, Scope of Work and Budget, of this Agreement, NOW, THEREFORE, in consideration of the mutual covenants herein set forth, WSDOT and the Contractor agree to the following terms and conditions: Section 1 Purpose of Agreement The purpose of this Agreement is to provide for Equipment to be used in the provision of transportation services to the residents of the State of Washington (hereinafter referred to as "Project"), by the Contractor and to state the terms, conditions, and mutual understandings of the parties as to the manner in which the Project will be undertaken and completed. Section 2 Scope of Project The Contractor shall undertake and complete the purchase of the equipment described in the space titled "Scope of Project," above (hereinafter referred to as "Project equipment"), and operate the Project equipment within the service area described in the space titled "Scope of Project", above, in accordance with the terms and conditions of this Agreement. Section 3 Time of Performance The project period of this Agreement shall begin on the date shown in "Term of Project" above and continue through the useful life of the Project Equipment. WSDOT has defined the useful life of Project equipment in its State Management Plan and its Guide for Managing Your Public Transportation Grant, which by reference is incorporated herein. The Contractor may not unilaterally terminate the Project. Section 4 Contractor's Share of Project Costs The cost of the Project shall be in the amount indicated in the space titled "Project Cost," above, and shall be borne in the manner described therein. The Contractor agrees to expend eligible funds in an amount sufficient, together with the state funds allocated for the Project, to assure payment of the Total Cost. The Contractor further agrees that there shall be no reduction in the amount specified as the Contractor's Share unless there is a concurrent proportional reduction in the state share. If at any time the Contractor becomes aware that the cost which it expects to incur in the performance of the Agreement will exceed or be substantially less than the amount indicated in the space titled Total Project Cost, above, the Contractor shall notify WSDOT promptly in writing to that effect. 2 Section 5 Inspection Upon Delivery The Contractor shall inspect Project equipment purchased pursuant to this Agreement at the time such equipment is delivered to the Contractor. Upon receipt and acceptance of Project equipment, the Contractor agrees that it shall be conclusively presumed, as between WSDOT and the Contractor, that the Contractor has fully inspected and acknowledged that such equipment is in good condition and repair, and that the Contractor is satisfied with such equipment. Section 6 Miscellaneous Charges and Conditions The Contractor shall pay all storage charges, parking charges, and fines, as well as any fees (including vehicle registration, license and inspection fees [safety and emission control]), and taxes which may be imposed with respect to the Project equipment by a duly constituted governmental authority as the result of the Contractor's use or intended use of the Project equipment. All replacements, repairs, or substitutions of parts or equipment shall be at the cost and expense of the Contractor Section 7 Reimbursement A. WSDOT, solely using State grant funds, shall reimburse the Contractor's allowable expenses incurred in completing the Project described in Scope of Project, above. Allowable Project expenses shall be determined by WSDOT as described in WSDOT's "Guide to Managing Your Public Transportation Grant." In no event shall the total amount reimbursed by WSDOT hereunder exceed the state share identified in the space titled "Project Cost," above. B. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. C. The Contractor's final payment request must be received by WSDOT by July 15, 2005, within 30 days of the completion of the project, or within 30 days of the termination of this Agreement, whichever is sooner. Any payment request received after July 15, 2005 will not be eligible for reimbursement. Section 8 Assignments, Subcontracts, and Leases Unless otherwise authorized in advance in writing by WSDOT, the Contractor shall not assign any Project equipment under this Agreement, or execute any contract, amendment, or change order thereto pertaining to the Project Equipment, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this agreement or lease or lend the Project equipment or any part thereof to be used by anyone not under the Contractor's supervision. The Contractor agrees to include Sections 9 through 20 of this Agreement in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this Agreement. It is further agreed that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. Section 9 Reports and Use of Project Equipment A. The Contractor agrees that the Project equipment shall be used for the provision of transportation service within the area described in the space titled "Scope of Project", above, for the equipment's useful life. The Contractor further agrees that it will not use or permit the use of the Project equipment in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project equipment to become subject to any lien, charge, or encumbrance. Should the Contractor unreasonably delay or fail to use the Project equipment during the useful life of the project equipment, the Contractor agrees that it may be required to refund the entire amount of the state share expended on the Project. The Contractor shall immediately notify WSDOT when any Project equipment is withdrawn from Project use or when Project equipment is used in a manner substantially different from that identified in the "Scope of Project." If the project equipment is permanently removed from transportation service, the Contractor agrees to immediately contact WSDOT for instructions regarding the disposal of the project equipment. The Contractor understands that the Project equipment shall be used to provide passenger service levels as described below: 1. A minimum of 100 passenger service miles per vehicle per week, or 2. A minimum of 100 on -way passenger trips per vehicle per week B. Reports. The Contractor shall advise WSDOT regarding the progress of the Project at such times and in such manner as WSDOT may require, including, but not limited to, interim reports. The Contractor shall keep satisfactory written records with regard to the use of Project equipment and shall submit the following reports to, and in a form and at such times prescribed by, WSDOT until the useful life of the Project equipment expires: 1. Reports shall be prepared describing the current usage of Project equipment and other data as requested by WSDOT in the form of memos, e-mails or telephone requests. Those reports include, but are not limited to: a) Vehicle Ridership. b) Vehicle Mileage. c) Service Hours. d) Equipment Maintenance. GCA3990 3 2. In the event any portion of the Project equipment is damaged and the repair of such damage will cost five hundred dollars or more, the Contractor shall notify WSDOT within seven days after the occasion of the damage, including the circumstances thereof. 3. The Contractor shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. 4. The Contractor shall also submit to WSDOT at the beginning of each calendar year during such period, a certification that the Project equipment is still being used in accordance with the terms of this Section and that no part of the local contribution to the cost of the Project has been refunded or reduced. C. Remedies for Misuse or Noncompliance. The Contractor shall not use any Project equipment in a manner different from that described in Section 2 of this Agreement. If WSDOT determines that Project equipment has been used in a manner different from that described in Section 2, WSDOT may direct the Contractor to dispose of the Project equipment acquired by the Contractor. WSDOT may also withhold payments should it determine that the Contractor has failed to comply with any provision of this Agreement Section 10 Maintenance of Project Equipment The Contractor shall make all necessary repairs and reasonably maintain the equipment to assure it remains in good and operational condition until disposition as that term is defined in the "Guide to Managing Your Public Transportation Grant." All service, materials, and repairs in connection with the use and operation of the Project equipment during its useful life shall be at the Contractor's expense. The Contractor agrees to, at a minimum, service the Project equipment and replace parts at intervals recommended in the manual provided by the manufacturer of such equipment, or sooner if needed. The Contractor shall take the Project equipment to an appropriate service and repair facility for any service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs The Contractor shall retain records of all maintenance and parts replacement performed on the Project equipment. The Contractor shall provide copies of such records to WSDOT, upon request. Section 11 General Compliance Assurance The Contractor agrees to comply with such instructions as WSDOT may issue to comply with the requirements of United States and Washington State law. The Contractor agrees that, WSDOT and any of WSDOT's representatives, have not only the right to monitor the compliance of the Contractor with the provisions of this assurance, but also have the right to seek judicial enforcement with regard to any matter arising. It is understood by the Contractor that this assurance obligates the Contractor and any transferee of the Contractor, or said transferee's successor(s), for the useful life of the Project equipment. Section 12 Purchases The Contractor shall make purchases of any equipment pursuant to this Agreement through procurement procedures approved in advance by WSDOT and consistent with the following provisions: A. Geographic Restrictions. The Contractor agrees to refrain from using any state or local geographic preference B. Government Orders. In case any lawful government authority shall make any order with respect to the Project or Project equipment, or any part thereof, or the parties hereto or either of them, the Contractor shall cooperate with WSDOT in carrying out such order and will arrange its operation and business so as to enable WSDOT to comply with the terms of the order. Section 13 No Obligation by the State No contract between the Contractor and its subcontractors shall create any obligation or liability of WSDOT with regard to this Agreement without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof. Section 14 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with the Agreement, it being understood that in such matters they are acting solely as agents of WSDOT. Section 15 Ethics A. Code of Ethics. The Contractor agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts. The code or standards shall provide that the Contractor's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or subrecipient. The Contractor may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. These codes or standards GCA3990 4 shall prohibit the Contractor's officers, employees, board members, or agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, such code or standards shall include penalties, sanctions, or other disciplinary actions for violations by the Contractor's officers, employees, board members, or agents, or by subcontractors or subrecipients or their agents. 1. Personal Conflict of Interest. The Contractor's code or standards shall prohibit the Contractor's employees, officers, board members, or agents from participating in the selection, award, or administration of a contract supported state funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm or entity selected for award: a. The employee, officer, board member, or agent; b. Any member of his or her immediate family; c. His or her partner; or d. An organization that employs, or is about to employ, any of the above. 2. Organizational Conflict of Interest. The Contractor's code or standard of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or impair its objectivity in performing the contract work. B. Relationships with Employees and Officers of WSDOT. The Contractor shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the Contractor rent or purchase any equipment and materials from any employee or officer of WSDOT. C. Employment of Former WSDOT Employees. The Contractor hereby warrants that it shall not engage on a full, part-time, or other basis during the period of the Agreement, any professional or technical personnel who are, or have been, at any time during the period of the Agreement, in the employ of WSDOT without written consent of WSDOT. Section 16 Civil Rights The Contractor shall comply with all applicable civil rights statutes and implementing regulations including, but not limited to: A. Nondiscrimination --Title VI of the Civil Rights Act. The Contractor agrees to comply, and assure compliance by each third party contractor at any tier, with all requirements prohibiting discrimination on the basis of race, color, or national origin, Pursuant to Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d B. Equal Employment Opportunity. The Contractor agrees to comply, and assures compliance by each third party contractor at any tier, with all requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and 49 U.S.C. §5332. These equal employment opportunity (EEO) requirements include, but are not limited to, the following: 1. The Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship C. Nondiscrimination on the Basis of Sex. The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§1680 et seq. D. Nondiscrimination on the basis of Age. The Contractor agrees to comply with applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§6101 et seq., and implementing regulations, which prohibits discrimination on the basis of age. F. Disabilities -Employment. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities G. Disabilities -Access. The Contractor agrees to comply with the requirements of 49 U.S.C. §5301(d) which state the Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement said policy. The Contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, which prohibit discrimination on the basis of handicap; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§12101 et seq., which requires the provision of accessible facilities and services; and with the Federal regulations, including any amendments thereto following: U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; Joint U.S. Architectural and Transportation Barriers Compliance Board U.S. DOT regulations; "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; U.S. DOJ regulations, "Nondiscrimination GCA3990 5 on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; U.S. GSA regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Custom Premises Equipment for the Haring and Speech Disabled," 47 C.F.R. Part 64, Subpart F; FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and Any other nondiscrimination statute(s) that may apply to the Project. H. Drug or Alcohol Abuse. Confidentiality and Other Civil Rights Protections. The Contractor agrees to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, 1972, as amended; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Pub. L. 91-616, December 31, 1970, as amended; and the Public Health Service Act of 1912, as amended, 42.U.S.C. §§290dd-3, and any subsequent amendments to these acts. I. Other Nondiscrimination Statutes. The Contractor agrees to comply with all applicable requirements of any other nondiscrimination statute(s) that may apply to the Project. Section 17 Energy Conservation and Environmental Requirements A. Energy Conservation. The Contractor shall comply with the mandatory standards and policies relating to energy efficiency standards and policies within the Washington State energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq., and any amendments thereto. B. Clean Water. In the event that the state share, identified in "Project Cost" of this Agreement exceeds $100,000, the Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 1. The Contractor agrees to report each violation to WSDOT and understands and agrees that the WSDOT, in turn, shall report each violation, as required to the appropriate EPA Regional Office. C. Clean Air. In the event that the federal share, identified in "Project Cost" of this Agreement exceeds $100,000, the Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq 1. The Contractor agrees to report each violation to WSDOT and understands and agrees that the WSDOT will, in turn, report to the appropriate EPA Regional Office. Section 18 Accounting Records A. Project Accounts. The Contractor agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project, in accordance with applicable state. The Contractor agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Funds Received or Made Available for the Project. The Contractor agrees to deposit in a financial institution, all advance Project payments it receives and record in the Project account all amounts provided in support of the Grant Agreement. C. Documentation of Project Costs and Program Income. The Contractor agrees to support all costs charged to the Project, including any approved services contributed by the Contractor or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Contractor also agrees to maintain accurate records of all program income derived from implementing the Project Section 19 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, and Other Documents. During the course of the Project and for six years thereafter, the Contractor agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six-year period then the Contractors obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. Inspection. The Contractor agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its contractors pertaining to the Project. The Contractor agrees to require each third party to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the project. GCA3990 6 Section 20 Labor Provisions Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Section 21 Liens on Equipment WSDOT shall hold legal title to all vehicles the Contractor acquires or file a lien against any equipment the Contractor modifies using the state share identified in the "Project Cost" of this Agreement. The legal title or lien shall cover the states percentage share of the disposable value of the Project equipment and may be satisfied only by proper disposal of the Project equipment in a manner determined by WSDOT in the Guide to Managing Your Public Transportation Grant. Section 22 Loss or Damage to Project Equipment A. The Contractor, at its own expense, shall cover any loss, theft, damage, or destruction of the Project equipment using either of the following methods: 1. The Contractor shall maintain comprehensive and collision insurance adequate to cover the value of the Project equipment; the Contractor shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT; or 2. The Contractor shall provide a written certificate of self-insurance to WSDOT. The Contractor will cover from its own resources the costs of repairing or replacing any Project equipment, if it is stolen, damaged, or destroyed in any manner B. If the damage to the Project equipment does not result in a total loss, payments for damage shall be paid directly to the Contractor. The Contractor shall, within 30 days, either: 1. Devote all of the insurance proceeds received to repair the Project equipment and place it back in service, and the Contractor shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the Contractor certified to self- insurance, devote all funds necessary to repair the Project equipment and place it back into service. C. If the Project equipment is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to WSDOT. The Contractor shall within 60 days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project equipment; or 2. Does not intend to replace the lost Project equipment C. If WSDOT determines that the total loss occurred under circumstances in which the Contractor fulfilled its obligations under this Agreement, WSDOT will either pay or rebate to the Contractor its proportionate share of such proceeds received. D. Coverage, if obtained or provided by the Contractor in compliance with this section, shall not be deemed as having relieved the Contractor of any liability in excess of such coverage as required by the limitation of liability section of this agreement, or otherwise. Section 23 Coordination of Special Needs Transportation It is the policy of the WSDOT to actively support coordination of special needs transportation in the State. As a condition of assistance, the contractor is required to participate in local transportation coordination coalitions in their service area that are sponsored by the Agency Council on Coordinated Transportation (ACCT). Section 24 Protection of Sensitive Security Information To the extent applicable, the Contractor agrees to comply with section 101(e) of the Aviation and Transportation Security Act, 49 U.S.C. 40119(b), with U.S. Transportation Security Administration regulations, "Protectionof Sensitive Security Information, " 49C.F.R. Part 1520, and with any implementing regulations, requirements, or guidelines that the Federal Government may issue. Section 25 State, Territorial, and Local Law Except when a Federal statute or regulation pre-empts State, local, or territorial law, no provision of this Agreement shall require the Contractor to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of State, territorial, or local law. Thus if any provision or compliance with any provision of this Agreement violate State, territorial, or local law, or would require the Contractor to violate State, territorial, or local law, the Contractor agrees to GCA3990 7 notify WSDOT immediately in writing. Should this occur, WSDOT and the Contractor agree to make appropriate arrangements to proceed with or, if necessary, terminate the Project expeditiously. Section 26 Limitation of Liability The Contractor shall indemnify and hold harmless WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to the execution of this agreement and/or the contractors performance or failure to perform any aspect of this Agreement. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the Contractor, its agents, employees and officers. Provided, however, that nothing herein shall require the contractor to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this agreement. The Contractor's relation to the WSDOT shall be at all times as an independent contractor. The Contractor specifically assumes potential liability for actions brought by Contractors employees and/or subcontractors and solely for the purposes of this indemnification and defense, the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 revised Code of Washington. In the event either the Contractor or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of the Agreement against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. Section 27 Changed Conditions Affecting Performance The Contractor hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this Agreement. Section 28 Agreement Modifications Either party may request changes in these provisions. Such changes, which are mutually agreed upon shall be incorporated as written amendments to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by the authorized representatives of the parties hereto. Section 29 Termination A. Termination for Convience. WSDOT may suspend or terminate this Agreement, in whole or in part, at any time by written notice to the Contractor when it is in the states best interest or convenience for reasons including, but not limited to, the following: 1. The requisite state funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds; 3. The Contractor is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor. In the case of a termination for the best interests or convenience of WSDOT, the Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to WSDOT. If the Contractor has any property in its possession belonging to WSDOT, the Contractor will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. If the Contractor materially breaches or fails to perform any of the requirements of this Agreement, including: 1. Takes any action pertaining to this Agreement without the approval of WSDOT, and which under the procedures of this Agreement would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this Agreement, provisions identified in WSDOT's "Guide to Managing Your Grant," Washington state laws, or local governmental laws under which the Contractor operates; 3. Abuses or misuses the equipment, including, but not limited to: a. Failure to maintain a vehicle according to the manufacturer's standards, b. Failure to repair damages or replace defective or broken parts in a timely manner, or c. Failure to take any action which could affect the ability of the Project equipment to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or 4. Fails to perform in the manner called for in this Agreement or fails to comply with, or is in violation of, any provision of this Agreement then WSDOT may terminate this contract for default. Termination by default, hereunder, shall be effected by GCA3990 8 serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. If it is later determined by WSDOT that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) business days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Contractor fails to remedy to WSDOT's satisfaction the breach or default to any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor or written notice from WSDOT setting forth the nature of said breach or default WSDOT shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against Contractor and its sureties for said breach or default. In the event that WSDOT elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by WSDOT shall not limit WSDOT)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Section 30 Lack of Waiver In no event shall any WSDOT payment of grant funds to the Contractor constitute or be construed as a waiver by WSDOT of any Contractor breach, or default which and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. Section 31 WSDOT Advice The Contractor bears complete responsibility for the administration and success of the Project as it is defined by this Agreement and any amendments thereto. If the Contractor seeks advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the Contractor for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advise to the Contractor. Section 32 Subrogation A. Prior to Subrogation. WSDOT may require the Contractor to take such action as may be necessary or appropriate to preserve the Contractor's right to recover damages from any person or organization alleged to be legally responsible for injury to the equipment or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the Contractor to assign to it all right of recovery against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the Contractor shall execute, deliver, and do whatever else necessary to secure WSDOT's rights. The Contractor shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the Contractor shall cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage of Project equipment. The Contractor shall attend hearings and trials, assist in securing and giving evidence, and obtain the attendance of witnesses. Section 33 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 34 Disputes A. Disputes. Disputes arising in the performance of this Contract, which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of WSDOT. This decision shall be fmal and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized representative of WSDOT. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of WSDOT shall be binding upon the Contractor and the Contractor shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, Contractor shall continue performance under this Contract while matters in dispute are being resolved. C. Claims for Damages. Should either party to the Contract suffer injury or damage to person, property, or right because of any act or omission of the other party or any of that party's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. GCA3990 9 D. Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the WSDOT and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or otherwise in a the Superior Court of the State of Washington, situate at Thurston County. E. Rights and Remedies. All remedies provided in the Agreement are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the parties hereto. No action or failure to act by the WSDOT or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Section 35 Venue and Process In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The Contractor hereby accepts the issuing and service of process by registered mail at the mailing address shown in the heading of this agreement under Contractor. Section 36 Independent Contractor The Contractor shall be deemed an independent contractor for all purposes, and the employees of the Contractor or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. Section37Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. Section 38 Execution and Acceptance This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Contractor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 39 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 40 Affect of Invalidity of Any Provision Hereof If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. GCA3990 10 Section 41 Execution This Agreement is executed by the Director, Public Transportation and Rail Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation and Rail Division, or as a designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year last written below. STATE OF WASHINGTON DEPARTM ' NT OF TRANSPORTATION By: Y GINIGER ector, Public Transportation and Rail Division Date: %1 1 Approved as to form: By: JEANNE A. CUSHMAN, Assistant Attorney General Counsel to the Public Transportation and Rail Division Date: August 28, 2003 I:PTI CO TRACTOR By: t� 1 Print Name: 4k e,'cAos. 2- SC CIT`r r-Aitsqv Print Title: Who by this signature certifies their authority to execute this Agreement on behalf of the Contractor. Date: Li& -'T 200L -f- CITYCONT3ACTNO: eg001cgt5- RESOLUTION NO'adDy-� f GCA3990 11 GCA3990 Appendix A SCOPE OF WORK AND BUDGET • PROJECTA Scope of Work: Provide capital funding assistance to purchase three used ADA accessible buses and one ADA accessible van and to support new service extension, purchase benches, shelters, and new signs for special needs transportation services. Project Budget: Funding identified in the PROJECT COST section of this agreement reflects funding for 2003/2005. Funding Percentage 2003/2005 Actual Totals Total Project Cost 100% $80,000 $80,000 Local Match 0% $0 $0 State Paratransit/Special Needs Transit Formula 100% $80,000 $80,000 GCA3990 Public Transportation Grant Program Project Lists 2003-2005 State Paratransit/Special Needs Tiranslt Formula Project List Transit Provider Ben Franklin Transit C-TRAN Clallam Transit Community Transit Cowlitz Transportation Authority Everett Transit Everett Transit Garfield County Public Transportation Grant Transit Authority Grays Harbor Transportation Authority Intercity Transit Island Transit Jefferson Transit Authority Jefferson Transit Authority Jefferson Transit Authority King County Metro Transit Kitsap Transit Link Transit Mason County Transportation Authority Pacific Transit Pierce Transit Pullman Transit Skagit Transit Spokane Transit Twin Transit Valley Transit Whatcom Transportation Authority Yakima Transit Summary of Public Transportation — 2002 Project Description Project not yet defined Provide services in Clark County Project not yet defined Project not yet defined Provide services in Cowlitz County Provide services between Everett Community College and Marysville Purchase dispatching and scheduling software and hardware with installation and training Project not yet defined Provide services in Grant County Provide services in Ocean Shores area of Grays Harbor County Provide services in Thurston County and purchase scheduling software and communication systems Provide services providing connections with Skagit Transit Provide services in the tri -area region of Jefferson County Provide services in Jefferson County Provide special needs in Castle Hill areas of Port Townsend Provide services in King County and purchase two lift -equipped vans, 18 low -floored minivans, improve security at transfer stations, improve ramp access, and install benches Project not yet defined Purchase automated vehicle locators, mobile data terminals, and other upgrades to dispatch and scheduling equipment Provide services in Mason County Project not yet defined Project not yet defined Provide services to the City of Pullman Provide services in Skagit County Provide services in Spokane County Provide services in the Centralia/Chehalis area of Lewis County Provide service in Walla Walla County Project not yet defined Project not yet defined Amount $704,894 $638,845 $136,329 $762,111 $79,655 $212,578 $19,500 $6,551 $258,460 $298,420 $564,385 $190,165 $22,000 $35,636 $73,616 $4,200,000 $671,609 $398,786 $209,843 $53,376 $2,115,638 $57,939 $153,161 $1,23C,508 $176,360 $79,815 $528,307 $115,516 Total Amount: $14,000,000 203 2301 Fruitvale Blvd. Yakima, WA 98902 20 January 2004 City of Yakima, Transit Division Yakima Transit 575- -5 Dial -A -Ride 575 Transit Administration575-6005 Mr. Donald Chartock, Transportation Coordinator Agency Council on Special Needs Coordinated Transportation Public Transportation and Commute Options Wnchinntnn Stnto_ nnrtmt nt of Trnnsnnrtntinn Post Office Box 47387 Olympia, WA 98504-7387 Dear Mr. Chartock: Based upon our earlier E-mail conversations and with additional feedback from you on our options for implementing projects that enhance our trans- portation services for our Special Needs passengers, we are submitting for contracting the following requests under our allocated grant funding award of $15,515.00 for FY 2004. It is our understanding that all these activities must encompass those indi- viduals who qualify under the Americans with Disabilities Act. (ADA) in ad- dition, these projects must be implemented quickly and tracked with measur- able results in order for us to be eligible for continued funding assistance in FY 2005. Using that criteria and guidelines, our proposals are: Travel Training of Special Needs Passengers There appears to be a number of existing Dial -A- Ride passengers that could be trained to utilize our existing bus system for their transportation needs. This includes those with physical, (wheelchair) mental handicaps and others that work in our area's service industries. Senior Citizens living in Assisted Living Centers/Retirement Homes could also benefit from this instruction. Yakima Transit, the neighborhood bus! Chartock/Page 2 Our training program would mirror that of other Transit agencies in the Northwest that already offer this service to their ridership. Our anticipa- ted cost to implement a similar format is $35k for the first year. Acquisition of Three Used Buses w/Wheelchair Accessibility Yakima Transit has one Bus Route (#6) that is not currently wheelchair equipped. We are aware of this problem and are ordering three new buses with delivery due by year end. But by utilizing used buses in the interim, we can become ADA compliant eight to ten months quicker. Apparently, there are used buses that meet the ADA requirements that are readily available from other transit agencies. Expected costs to acquire three used buses to cover Route #6 is $ 30k. Purchase of a Wheel Chair Accessible Van Occasionally, we have more wheelchair riders at a stop than can be accomo- dated because of our current seating configurations. We then have to dis- patch a spare bus to pick up these additional wheelchair passengers. Often that is difficult to accomplish quickly because our buses need a CDL licensed driver to operate. By having a -wheelchair equipped van available, these situ- ations would be easier to handle. A suitable van w/wheelchair capability is estimated to cost around $40k. Extension of Bus Route to Access a Retail Area One of our bus routes comes within one half mile of a new retail area. But that still makes it difficult for our Special Needs riders to access this loca- tion for either employment opportunities or shopping choices. We believe it would be fairly easy to implement a route revision to accommodate a change to our system, yet still keep all bus stops within our transit boundaries. Our anticipated cost is $10k to cover benches, shelters and new signage for this modified route extension. Chartock/Page 3 We feel these are the best choices available for our ADA constituents in our area and that each of these projects can be tracked per your request to obtain the statistical information to justify and support these expenditures. We're cognizant that time is critical to the success of our proposals, so we would LIFT! b::,k a e is qukLk :.ontruc ; approval in order to address these identi- fied issues as quickly as possible. Sincerely, Bernie Sims "41 s//3 Neil McClure Ron Bonlender Current Members of the City of Yakima Council Transit Committee AN ORDINANCE ORDINANCE NO. 2004 amending the 2004 budget for the City of Yakima; and making appropriations of $115,516 within the 462 - Transit Operating Fund for expenditure during 2004 to provide for Special Needs Transportation Services. WHEREAS, the amount of $115,516 must be appropriated within the 462 - Transit Operating Fund for expenditure during 2004 to provide for Special Needs Transportation Services in accordance with a state grant, and WHEREAS, at the time of the adoption of the 2004 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Appropriations are hereby made, for expenditure during 2004, from the Unappropriated Fund Balance in the 462 - Transit Operating Fund to the various accounts, as specified in Schedule 1 attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 2004. PAUL GEORGE, MAYOR ATTEST: CITY CLERK First Reading: Publication Date: Effective Date: Cepperson 1/28/2004 APPROP.ORDINANCE SCHEDULE I ADA Grant RESOURCES: PAGE 1 2004 ADA Grant 462-462-514-T646-33403-6DT $115,516.00 TOTAL RESOURCES $115,516.00 APPROPRIATIONS: Small Tools and Minor Equipment 462-462-514-T646-54780-350 Fuel 462-462-514-T646-54780-320 R&M 462-462-514-T646-54780-480 Prof. Services - Training 462-462-514-T646-54770-410 Busses 462-462-514-T646-59447-647 Van 4. ncn c1 A Tint c9447 64 Y VG -Y V G -J lY-1 OYO-J 7YY/ -OY'± 7,500.00 500.00 2,516.00 35,000.00 30,000.00 40,000.00 TOTAL APPROPRIATIONS $115,516.00 erp 01/27/2004 4:09 PM Transit ADA Appropriation app 475 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. c For Meeting of February 3, 2004 ITEM TITLE: Legislation Authorizing a Special Needs Transportation Services Program for Yakima Transit SUBMI1"1 ED BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager Cindy Epperson, Accounting Manager CONTACT PERSON/TELEPHONE: Ken Mehin, Transit Manager 576-6415 SUMMARY EXPLANATION: Yakima Transit became eligible for a "no match" state Special Needs Transportation Grant for $115,516. The purpose of this grant funding is to enhance transportation programs providing assistance services for qualified individuals under the Americans with Disabilities Act (ADA). Statewide a large number of transit entities are currently participating in the special needs grant program and providing transportation services to qualified passengers. The Council Transit Committee endorses this request and recommends that the City Council adopt the legislation outlined below: (A.) A Resolution authorizing the City Manager to execute documents to complete the program application process with the state; and (13.) An Ordinance amending the 2004 Budget and making an appropriation within the Transit Operating Fund for Special Needs Transportation Services Resolution X Ordinance X Other (Specify) Appropriation Contract Mail to (name and address) Funding Source: Transit 0 eratin APPROVED FOR SUBMITTAL : `'City Manager STAFF RECOMMENDATION: (1) Adop'- Resolution authorizing the City Manager to execute documents to complete the program application process with the state. (2) Read the Ordinance by title only at the February 3, 2004, meeting, and then pass the Ordinance after second reading at the February 17, 2004 meeting. BOARD/COMMISSION RECOMMENDATION: The Council Transit Committee has reviewed the transportation services elements and recommends that the City Council adopt the Resolution and pass the Appropriation Ordinance for the Special Needs Transportation Services program. COUNCIL ACTION: (A) Resolution adopted. RESOLUTION Na. R-2004-28 (Grant) (B) First reading of ordinance; second reading scheduled 2-17-04.