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HomeMy WebLinkAboutR-2026-088 grant agmt with WSDOT_Dial-A-Ride paratransit servicesA RESOLUTION RESOLUTION NO. R-2026-088 authorizing the acceptance of a grant with Washington State Department of Transportation (WSDOT) to fund City of Yakima Paratransit. Services (Dial -A -Ride). WHEREAS, Yakima Transit has provided Dial -A -Ride service since 1992, as a requirement of the Americans with Disabilities Act (ADA); and WHEREAS, the City of Yakima (City) through Yakima Transit has a service contract with Medstar Transportation to provide the current Dial -A -Ride Service; and WHEREAS, WSDOT has awarded the City grant funding in the amount of $706,906 for Dial -A -Ride services for the period of July 1, 2025 - June 30, 2027; and WHEREAS, Grant Agreement PTD1322 sets forth the terms and conditions of the grant; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to enter into Grant Agreement PTD1322 with WSDOT, attached hereto and incorporated herein by this reference, for funding Dial -A -Ride services in the amount of Seven Hundred Six Thousand Nine Hundred and Six Dollars ($706,906). ADOPTED BY THE CITY COUNCIL this 16th day of June, 2026. ate Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Cle � Washington State VAIr Departlrtrl nt of TYt Public Transportation Division 310 Maple Park Avenue S.E. P.O. Box 47387 Olympia, WA 98504-7387 WSDOT Contact: Kristin Melcher WSDOT E-mail: )cristin,malctter(8lwadot.vra.nov WSDOT Phone: 564-233-1354 Consolidated Grant Program Operating Grant Agreement Agreement Number PTD1322 Grantee: Yakima Transit 2301 Frultvale Blvd Yakima, WA 98902-1225 Contact Scott Schafer Email: Scott.Schafer®yakimawa.gov Term of Agreement July 1, 2025 through June 30, 2027 Vendor# SW00071220 2 UEI FJNNX1XFJ9K3 ALN # / ALN Name N/A Indirect Cost Rate None R&D No Service Area Yakima County THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter 'WSDOT,' and the Grantee identified above, hereinafter the "GRANTEE," individually the "PARTY" and collectively the "PARTIES' WHEREAS, the State of Washington in its Sessions Laws of 2025, ESSB 5161, Sections 221 and 308, authorizes funding for Public Transportation Programs and other special proviso funding as identified in the budget through its 2025-2027 biennial appropriations to WSDOT; and WHEREAS, the GRANTEE has requested funds for the project(s) or program(s) shown under the heading titled 'Funding by Project" (hereinafter known as the "Project(s)") which has been selected by WSDOT for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 SCOPE OF WORK AND BUDGET Funding by Project Project Title: Paratransit/Special Needs formula distribution for 2025-2027 UPIN # N/A Scope of Work: Sustain demand response, ADA accessible, transportation services for persons with special needs within Yakima. TyYpe of Funds Percentage Current Funds Projected Funds Total Funds State Speaat Needs Transportation - Transit Formula Funds (MMA) 100.00% $706,906 S706.908 Projected Grant Funds S0 iwrL .s. . , ...` +"rL_. ._._ .., . n . ... _ ... -. - -..v.�.. . .. _..-`�.w1__ Grantee's Funds 0.00% 50 SO SO Total Project 100% 6706,006 SO $706,906 Budget: Conant State Funds reflect total funding appropriated by fha Weshergfon State Legls►awre for fha 202S102T biennium. As applicable, Federal Funds are subject to avaiiablftly of federal apportionments and obligation by the Federal Transit Administration (PTA). Yakima Transit PTD1322 Page 1 of 13 Section 7 Reimbursement and Payment A. Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures incurred while performing eligible direct and related indirect Project work during the life of the Project. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by the GRANTEE for reimbursement. Failure to send in progress reports and financial information as required in Section 10 —Reports may delay payment. The GRANTEE shall submit an invoice detailing and supporting the costs incurred. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. The GRANTEE shall submit an invoice for completed work in the same state fiscal year in which it was incurred. Pursuant to RCW 43.88.020(13) "fiscal year" is defined as the year beginning July 1st and ending the following June 30th. Reimbursement requests must be received no later than July 15 of the following state fiscal year. If the GRANTEE is unable to provide an invoice by this date, the GRANTEE shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal year. Any payment request received after the timeframe prescribed above will not be eligible for reimbu rsement. Section 8 Assignments and Subcontracts A. The GRANTEE shall submit to WSDOT a copy of any contract, amendment, or change order thereto pertaining to this Project for review and documentation. This includes any completed Project facilities and/or infrastructure under this AGREEMENT, or other actions obligating the GRANTEE in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT, including any leasing and/or lending the Project or any part thereof to be used by anyone not under the GRANTEE's direct supervision. B. The GRANTEE agrees to include all applicable sections of the AGREEMENT such as Section 5, Sections 8 through 21, and Section 28, in each subcontract and in all contracts it enters into for the employment of any individual, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. Section 9 Anti — lobbying A. It is WSDOT's policy that no funds awarded through the agency to grantees can be used for lobbying activities. B. GRANTEEs who receive an award through WSDOT shall certify on an annual basis that the awarded funds are not used for lobbying activities. This certification may be provided as part of the Certification & Assurances annual submittal. Yakima Transit PTD1322 Page 3 of 13 Section 14 Ethics A. Relationships with Employees and Officers of WSDOT. The GRANTEE shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall GRANTEE knowingly rent or purchase any equipment and materials from any employee or officer of WSDOT. B. Employment of Former WSDOT Employees. The GRANTEE hereby warrants that it shall not engage on a full-time, part-time, or another basis during the period of this AGREEMENT, any professional or technical personnel who are or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without the written consent of WSDOT. Section 15 Civil rights The GRANTEE shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any WSDOT-assisted contract or in the administration of its public transportation services. Section 16 Compliance with Laws and Regulations A. The GRANTEE agrees to abide by all applicable state and federal laws and regulations including but not limited to, those conceming employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The GRANTEE will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. B. Additionally, the GRANTEE agrees to comply, as applicable, with the following: 1. SB 5974 Move Ahead Washington 2. RCW 70A.02 Healthy Environmental for All (HEAL) ACT, 3. RCW 70A. 65.260 Climate Commitment ACT, and 4. Chapter 49.46 RCW — Minimum Wage Requirements & Labor Standards 5. Chapter 43.21 C RCW - State Environmental Policy Act (SEPA) 6. Executive Order 21-02 Archeological and Cultural Resources C. Except when a federal statute or regulation preempts state or local law, no provision of the AGREEMENT shall require the GRANTEE to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. If any provision or compliance with any provision of this AGREEMENT violates state or local law or would require the GRANTEE to violate state or local law, the GRANTEE agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the GRANTEE agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the AGREEMENT. Yakima Transit PTD1322 Page 5 of 13 Section 20 Labor Provisions Overtime Requirements. No GRANTEE 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 (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. The GRANTEE will comply with all applicable provisions of Title 49 RCW, Labor Regulations. Section 21 Changed Conditions Affecting Performance The GRANTEE 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 22 Coordination of Special Needs Transportation It is the policy of WSDOT to actively support the coordination of special needs transportation in the state. As a condition of assistance, the GRANTEE is required to participate in local coordinated planning as led by GRANTEE's relevant Metropolitan Planning Organization (MPO) and/or Regional Transportation Planning Organization (RTPO). Persons with special transportation needs means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or purchase transportation. Section 23 Remedies for Misuse or Noncompliance. If WSDOT determines that the Project has been used in a manner materially different from Section 1- Scope of Work, WSDOT may direct the GRANTEE to repay WSDOT the State - funded share of the Project. WSDOT may also withhold payments should it determine that the GRANTEE has failed to materially comply with any provision of this AGREEMENT. Section 24 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of the GRANTEE's receipt of WSDOT's written decision, the GRANTEE mails or otherwise fumishes a written appeal to the Director of the Public Transportation Division or the Director's designee. The GRANTEE's appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the GRANTEE and the GRANTEE shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the GRANTEE shall continue performance under this AGREEMENT while matters in dispute are being resolved. Yakima Transit PTD1322 Page 7of13 B. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the GRANTEE for all costs payable under this AGREEMENT that the GRANTEE properly incurred prior to termination. The GRANTEE shall promptly submit its claim for reimbursement to WSDOT. If the GRANTEE has any property in its possession belonging to WSDOT, the GRANTEE will account for the same, and dispose of it in the manner WSDOT directs. C. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the GRANTEE, if the GRANTEE 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, United States of America laws, Washington state laws, or local governmental laws under which the GRANTEE operates; 3. Fails to make reasonable progress on the Project or violates this AGREEMENT in a way that endangers substantial performance of the Project; or 4. Fails to perform in the manner called for in this AGREEMENT or fails to comply with, or is in material violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the GRANTEE setting forth the manner in which the GRANTEE is in default hereunder. If it is later determined by WSDOT that the GRANTEE had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the GRANTEE, such as a strike, fire or flood, WSDOT may: (a) allow the GRANTEE to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. D. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the GRANTEE ten (10) business days, or such longer period as determined by WSDOT, 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 GRANTEE fails to remedy to WSDOTs satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to the GRANTEE. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against the GRANTEE and its sureties for said breach or default. E. In the event that WSDOT elects to waive its remedies for any breach by the GRANTEE 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. F. If this AGREEMENT is terminated, whether for convenience or for default, before the specified end date set forth in the caption header, "Term of Agreement", WSDOT and the GRANTEE shall execute an amendment to this AGREEMENT identifying the termination date and the reason for termination. Yakima Transit PTD1322 Page 9 of 13 Section 29 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless signed by the persons authorized to bind from each of the PARTIES. Provided, however, that changes to the federal award identification number, DUNS, project title, federal ID number, CFDA number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do not affect the Project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the GRANTEE of the revision in writing. Section 30 WSDOT Advice The GRANTEE bears complete responsibility for the administration and success of the Project as defined by this AGREEMENT and any amendments thereto. If the GRANTEE solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the GRANTEE for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the GRANTEE. Section 31 Subrogation A. Prior to Subrogation. WSDOT may require the GRANTEE to take such reasonable action as may be necessary or appropriate to preserve the GRANTEE's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project Equipment as defined in the scope of work or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the GRANTEE to assign to WSDOT all rights of recovery against any person or organization for loss, to the extent of WSDOTs Toss. Upon assignment, the GRANTEE shall execute, deliver, and do whatever else reasonably necessary to secure WSDOTs rights. The GRANTEE shall do nothing after any loss to intentionally prejudice the rights of WSDOT. C. Duties of the GRANTEE. If WSDOT has exercised its right of subrogation, the GRANTEE shall cooperate with WSDOT and, upon WSDOTs 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 to Project Equipment. The GRANTEE shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 32 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. Section 33 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES. No agent or representative of WSDOT or the GRANTEE has the authority to make, and neither WSDOT nor the GRANTEE shall be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Yakima Transit PTD1322 Page 11 of 13 Section 37 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies) and or entity(ies) to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the day and year last written below, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Authorized Representative Public Transportation Division, WSDOT 7/6/2026 Date GRANTEE uthorized "°-M resntetiv '-11Y°. - ., „ N r,) ZO Z4 Yakima Transit PTD1322 Page 13 of 13 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGT©N AGENDA STATEMENT Item No. 7.1. For Meeting of: June 16, 2026 Resolution authorizing a grant agreement with Washington State Department of Transportation to fund Paratransit Services (Dial A Ride) SUBMITTED BY: Scott Schafer, Public Works Director *Jim Hogenson, Transit Manager SUMMARY EXPLANATION: The City of Yakima (City) Paratransit (Dial -A -Ride) service provided through Yakima Transit started in 1992 in accordance with the American's with Disabilities Act (ADA). This essential service provides transportation for disabled individuals that are unable to ride a fix -route transit bus. The service is currently operated by Medstar Transportation. The Washington State Department of Transportation (WSDOT) has awarded the City grant funding in the amount of $706,906 to provide financial support for the Dial -A -Ride service for a two-year period (July 1, 2025 — June 30, 2027). In order to receive this funding, it is necessary for the City and WSDOT to enter into Grant Agreement PTD1322 which has been attached for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution - Dial A Ride 6-5-26.docx WSDOT_©perating_Grant_Agreement_PTD_1322 76