HomeMy WebLinkAboutR-1992-D6172 Deparment of TransportationRESOLUTION NO. D-6172
A RESOLUTION:
Authorizing the City Manager and the City
Clerk of the City of Yakima to execute an
agreement with the Washington State
Department of Transportation for financial
assistance.
WHEREAS, in connection with required annual documentation
which must be provided to the State of Washington by the Transit Division
of the Public Works Department of the City of Yakima, a 6 -year financial
plan is a required element; and
WHEREAS, the Washington State Department of Transportation
has made funding available to meet the necessary requirements in
accordance with the attached Contract documents; and the City Council
deems it to be in the best interest of the City that the agreement document
be executed by the City with a maximum obligation of $3,500.00, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with the Washington State
Department of Transportation for the purpose mentioned above, a copy of
which is attached hereto and by reference made a part thereof.
ADOPTED BY THE CITY COUNCIL this 18th day
of August, 1992.
A 1 FEST:
Mayor, City City of Yakima
City Clerk
BERK & ASSOCIATES, INC.
Suite 200
120 Lakeside Avenue
Seattle, WA 98122
206^ 324.8760
206.324-8965 fax
August 26, 1992
Bill Schultz
City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
RE: Professional Services Agreement to Provide Financial Planning and Software
Services
Dear Bill:
This contract agreement encompasses financial planning and software services to be provided
by Berk & Associates, Inc. to the City of Yakima Transit Division.
Project Description
Yakima Transit has identified a need for consultant services in developing a financial planning
and forecasting model for Transit Division revenues and expenses. The model will assist the
Division in meeting state requirements for six-year financial planning as well as federal
Section 15 reporting requirements. The model will also serve as a tool for internal financial
planning and management purposes, and will allow staff to efficiently analyze the impacts of
various service options, fare proposals, and operating and capital expenditures.
Scope of Work
Element 1 - Financial Plan and Planning Model
Products: • Six -Year Financial Plan
■ Diskettes containing spreadsheet model with planning data
• Staff training in use of model
Professional Services Agreement -- City of Yakima
Page 2
Task 1. Preliminary Financial Assessment
a. Review of financial practices and policies. Working closely with Division staff, we
propose to conduct a preliminary financial assessment upon which all subsequent work
will be based. This will include review of existing financial data, cost analyses,
budgets and financial plans; review of policies relating to operating and capital
reserves, the use of debt, and cost allocation. City staff will be interviewed and
available documents will be reviewed.
b. Analysis of reserves and revenues. An analysis will be conducted of historical trends
in revenue generation, including sales tax, motor vehicle excise tax, farebox revenues,
grants, interest income and debt issues, if any. Analysis of conditions and policies
under which reserves have been built will also be conducted.
c. Analysis of current service costs by mode, including full allocation of overhead
costs. Using four mode categories (local fixed route, dial -a -ride, trolley, special
operations), available financial and budget data will be used to determine costs per
service hour and per passenger for each mode. A cost allocation model for allocating
overhead and administrative costs to the service mode categories will be developed in
order to provide both pure operating and maintenance costs and fully allocated costs of
service.
Task 2. Development of Cash Flow Model
a. Development of assumptions for projecting future revenues and expenditures.
Working together with staff, assumptions about revenue growth and inflationary effects
on costs will be made. These variables will become drivers in the cash flow model so
that as assumptions change, these can easily be tested in the model.
b. Baseline cash flow model. Using standard spreadsheet software, a model will be
developed consisting of linked spreadsheets driven by cost factors, growth assumptions,
service hours for each mode, numbers of vehicles, other capital purchases, and other
variables. The model will be turned over to staff after project completion.
Task 3. Financial Plan
a. Final model and documentation. Based on the financial analysis previously
conducted, the cash flow for the six-year planning period will be fine-tuned. A
narrative report documenting the assumptions and findings will be prepared.
Professional Services Agreement -- City of Yakima
Page 3
b. Plan for funding shortfalls, if any. Should funding shortfalls occur in any year of the
planning period, options for meeting the gaps will be analyzed and recommendations
made. Options may include ballot issue requesting additional sales tax authority, use of
debt financing, changes in reserve policies, and use of other new funding sources.
c. Fiscal policies. Recommendations will be made for establishing or amending fiscal
policies as appropriate. These may include policies dealing with reserves, cost
allocation, cash management, and the use of debt. Fare -setting policies will be
addressed under Element 2 below.
Task 4. Training in Use of Financial Model
a. Upon completion of the Financial Plan, diskettes will be turned over to staff and
training will be provided in use of the model for future financial planning. It is
assumed that the person(s) receiving the training will already be familiar with the use of
PC-based spreadsheet software and that one training session will be needed.
Element 2 - Fare Model and Analysis
Products: • Spreadsheet model on diskette
■ Technical Memorandum reporting on fare analysis and findings.
Task 1. Fare Analysis
a. Review of the existing fare structure with Division staff, including analysis of ridership
and revenues by service mode and farebox recovery ratios. We will use information
from the transit literature and from other transit agencies on fare policies and
structures, fare elasticity, the range of typical farebox recovery ratios, and fare
collection practices among comparable transit systems.
Task 2. Review of Fare Policies
a. In reviewing fare policies and structures, a range of factors will be considered
including system revenue requirements, service mode, travel distance, equity impacts
on various rider groups, ridership promotion, fare elasticity, impact on farebox
recovery, and administrative costs.
Professional Services Agreement -- City of Yakima
Page 4
Task 3. Fare Model
a. A spreadsheet -based fare model will be developed to test alternative fare structures and
rates. It will be linked to the larger financial model developed under Element 1, so that
changes in fare variables can be entered and effects on the six-year plan immediately
tested.
Task 4. Fare Recommendations
d. Potential alternatives to Yakima Transit's current policies and fare levels will be
analyzed according to criteria that will be developed with staff. Recommendations will
be made on retaining current fare structures or adopting alternative ones based on the
outcome of the analysis and what -if testing.
Budget
A total budget of $10,490 is proposed. A detailed breakdown of this budget, showing hours
and hourly rates is attached.
Project Schedule
The period of performance of this contract is August 25, 1992 through March 31, 1993, unless
modified by written agreement between the parties.
Meetings and Software System Training
As we have verbally agreed, project review sessions will be conducted by telephone, fax and
in our Seattle offices. Software system training will be provided to City staff in Seattle.
Termination of Agreement
Either party may terminate our agreement upon providing at least seven (7) days written
notice. Berk & Associates will then invoice the City of Yakima for all services performed
through the effective date of the termination, and shall be paid by the City for such service,
performed in a satisfactory manner under the terms of this agreement.
Professional Services Agreement -- City of Yakima
Page 5
Acceptance
We will be acting as independent contractors. Unless you inform us otherwise, we will
consider you to be our primary contact at for this project.
Please indicate your review and acceptance of the terms of this letter by signing the
acknowledgment section and returning a signed original to Berk & Associates.
We are looking forward to working with you and the staff on this project.
Sincerely,
Berk & Associates, Inc.
rgt
Bonnie Berk
President
RECEIPT ACKNOWLEDGED AND TERMS ACCEPTED:
CITY OF YAKIMA `�
By �a���= 1`
Its C'��, me/3 J
DATE: ! -96) 1999\
Financial Plan and Model
Task 1
Task 2
Task 3
Task 4
Subtotal Hours
Yakima Transit
Financial Planning Project
Berk & Associates, Inc.
July 29, 1992
B. Berk K. Elias S. McFarlane Total
$88.19 $43.17 $29.93 Hours
5
5
10
Fare Model and Analysis
Task 1 5
Task 2 5
Task 3
Task 4 5
15
Subtotal Hours
Total Hours
25
20
16
20
6
62
10
8
20
8
46
108
16
20
16
52
16
6
16
6
44
96
124
105
229
Total Labor Cost
$2,205 $4,662
$ 2,873 $9,740
Direct Expenses $750
Total Budget $10,490
BUDGTWS.XLS
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
Technical Assistance
THIS AGREEMENT, entered into by the State of Washington Department of
Transportation (hereinafter referred to as the "Department") and the City of Yakima
* * * * * * * * * * * * * * * * * * * * * (hereinafter referred to as the "Contractor"),
WITNESSETH THAT:
Section 26(a)(2)(A) of the Federal Transit Act provides for funding assistance to states for
the specific purpose of improving transportation services meeting the needs of states and local
communities; and
The Governor of the State of Washington, in accordance with a request by the Federal
Transit Administration (hereinafter referred to as "1-'1 A"), has designated the Department to
encourage the development of public transportation; and to coordinate funding assistance.
The Department and Contractor desire to secure and utilize the funding assistance from
Section 26(a)(2)(A) of the Federal Transit Act for improving transportation services for the
residents of the State of Washington;
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
Department and the Contractor agree as follows:
Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the
undertaking of technical assistance for improving transportation services to the residents of
nonurbanized areas (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 as
described herewith:
Element 1: Financial Plan and Planning Model
Task 1: Preliminary Financial Assessment
A. Conduct a preliminary financial assessment upon which all subsequent
work will be based. This will include review of existing financial
data, cost analyses, budgets and financial plans; review of policies
relating to operating and capital reserves, the use of debt, and cost
allocation.
B. Conduct an analysis of historical trends in revenue generation, inclu-
ding sales tax, motor vehicle excise tax, farebox revenues, grants,
interest income and debt issues, if any. An analyis of conditions and
policies under which reserves have been built will also be conducted.
C. Using four mode categories, local fixed route, dial a ride, trolley
and special operations, determine costs per service hour and per
passenger for each mode based uon available financial and budget data.
Develop a cost allocation model for allocating overhead and administrative
costs to the service modes in order to provide both pure operating and
maintenance costs and fully allocated costs of service.
-1-
GC9 7
Task 2: Development of the Cash Flow Model
A. Develop assumptions about revenue growth and inflationary effects on
costs. These variables will become drivers in the cash flow model so
that as assumptions change, these easily can be tested in the model.
B. Develop a model consisting of linked spreadsheets driven by cost factors,
growth assumptions, service hours for each mode, numbers of vehicles,
other capital purchases, and other variables.
Task 3: Financial Plan
A. Fine tune the cash flow for the six year planning period based on the
financial analysis conducted in Task 1. Prepare a narrative report
documenting the assumptions and findings.
B. Should funding shorfalls occur in any year of the planning period,
options for meeting the gaps will be analyzed and recommendations made.
Options may include ballot issue requesting additional sales tax authority,
use of debt financing, changes in reserve policies, and use of other new
funding sources.
C. Make recommendations for establishing or amending fiscal policies as
appropriate.
Task 4: Training in the Use of the Financial Model
A. Training will be provided in the use of the model for future financial
planning.
Element 2: Fare Model and Analysis
Task 1: Fare Analysis
A. Conduct a review of the existing fare structure. This review will include
an analysis of ridership and revenues by service mode and farebox recovery
ratios.
Task 2: Review Fare Policies
A. In reviewing fare policies and structures, consider a range of factors
including system revenue requirements, service mode, travel distance,
equity impacts on various rider groups, ridership promotion, fare
elasticity, impact on farebox recovery, and administrative costs.
Task 3: Develop Fare Model
A. Develop a spreadsheet -based fare model to test alternative fare structures
and rates. It will be linked to the larger financial model developed
under Task 1, so that changes in fare variables can be entered and effects
on the six year plan immediately tested.
Task 4: Fare Recommendations
A. Analyze potential alternatives to current policies and fare levels
according to criteria that will be developed. Make recommendations on
retaining current fare structures or adopting alternative ones based on
the outcome of the analysis and what -if testing. p f Q 5 5 ;
�v a
Retain diskettes on the models and prepare a summary report on process and results.
Section 3. Time of Perforanc . The project period of this Agreement shall be
Jul y 1 , 1992 through 31 , 199t'3 . The Contractor may not unilaterally
terminate the Project. The Contractor must promp writ notice to the Department of any
complete or partial termination of the Project. r
Section 4. Purchases. The Contractor shall make purchases of any equipment, materials or
services pursuant to this Agreement through the procurement procedures identified in UMTA
Circular 4220.1B "Third Party Contracting Guidelines" which by this reference is incorporated
herein; any reference therein to "grantee" shall mean the Contractor. The Department reserves
the right to approve any procedure proposed to be made by any Contractor for such purchases.
Such purchases are subject to the provisions of Section 165, Surface Transportation Assistance
Act of 1982, "Buy America," as amended.
Section 5. Limitation of Liability. The Contractor shall indemnify and hold the
Department, its agents, employees, and/or officers harmless from and shall process and defend at
its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of
whatsoever kind or nature (hereafter "claims") brought against the Department arising out of or
incident to the execution, performance, or failure to perform of or under this Agreement:
provided, however, that if such claims are caused by or result from the concurrent negligence of
(a) the Contractor, its agents, employees, and/or officers and (b) the Department, its agents,
employees and/or officers, this indemnity provision shall be valid and enforceable only to the
extent of the negligence of the Contractor, its agents, employees, and/or officers; and provided
further that nothing herein shall require the Contractor to hold hamiless or defend the
Department, it agents, employees, and/or officers from any claims arising from the sole
negligence of the Department, its agents, employees, and/or officers.
Section 6. Contracts Under This Agreement. Unless otherwise authorized in advance in
writing by the Department, the Contractor shall not assign any portion of the work to be
performed under this Agreement, or execute any contract, amendment or change order thereto, or
obligate itself in any manner with any third party with respect to its right and responsibilities
under this Agreement.
Section 7. 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 teiuis of this Agreement shall be valid unless
made in writing and signed by authorized representatives of the parties hereto.
Section 8. Termination for Public Convenience. The Department may terminate the
contract in whole, or from time to time in part, whenever:
(a) The requisite federal funding becomes unavailable through failure of appropriation or
otherwise;
(b) FTA declares its agreement with the Department for this project null or void, or for any
other reason seeks refund or return of the moneys it has provided to the Department for this
project. In this instance, the Contractor shall return all moneys reimbursed to it by the
Department within sixty (60) days of its receipt of a certified Letter to this effect from the
Department;
(c) The Contractor is prevented from proceeding with the work 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;
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(d) The Contractor is prevented from proceeding with the work by reason of a preliminary,
special or permanent restraining order of a court of competent jurisdiction where the issuance of
such order is primarily caused by the acts or omissions of persons or agencies other than the
contractor;
(e) The Department determines that such termination is in the best interests of the state; or
(f) The Department may terminate the project and cancel this Agreement if in the sole
opinion of the state the continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds.
Section 9. Interest of Members of or Delegates to Congress. No member or delegate to
the Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefit arising therefrom.
Section 10. Prohibited Interest. No member, officer, or employee of the Contractor during.
his or her tenure in office or employment or one (1) year thereafter shall have any interest, direct
or indirect, in this Agreement or the proceeds thereof.
Section 11. Equal Employment Opportunity. In connection with the execution of this
Agreement, the Contractor shall not discriminate against any employee or applicant for
employment because of race, creed, marital status, age, color, sex or national origin, or disability.
The Contractor shall take affirmative action to ensure that applicants are employed, and that
employees are treated during their employment, without regard to their race, creed, marital
status, age, color, sex, national origin, or disability. Such actions shall include, but not be limited
to the following: employment, upgrading, demotion, or transfer, recruitment or advertising;
layoff or termination; rates of pay, or other forms of compensation; and selection for training
including apprenticeship.
Section 12. Non -Discrimination Assurances. The Contractor hereby agrees that as a
condition to receiving any federal financial assistance pursuant to this Agreement, it will comply
with Title VI of the Civil Rights Act of 1964, 78 Sta. 252, 42 U.S.C. 2000d through 2000e-16
(hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, U.S. Department of Transportation, Sub -Title A, Office of the Secretary,
Part 21, Transportation — the effectuation of the Act (hereinafter referred to as the Regulations)
and other pertinent directives, to the end that, in accordance with the Act, Regulations, and other
pertinent directives, no person in the United States shall, on the grounds of sex, race, color,
marital status, age, creed, national origin, or disability, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity
for which the Contractor receives federal financial assistance pursuant to this Agreement. The
Contractor hereby assures that it will promptly take any measure necessary to effectuate this
condition precedent. It is understood that the Contractor shall be deemed the "recipient" as that
teirii is used in the Act or the Regulations referred to in this paragraph. The Contractor shall
insert the following notification in all solicitations for bids for work or materials subject to
Regulations promulgated in connection with this project, or more generally by the U.S.
Department of Transportation for other purposes, and, in an adapted form in all proposals for
negotiation agreements:
"(Name of Contractor), in accordance with Title VI of the Civil Rights Act of 1964, and
Title 49 Code of Federal Regulations, Department of Transportation, Sub -Title A, Part 21,
"Non -Discrimination in Federally Assisted Programs of the Department of Transportation,"
issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that
in any contract entered into pursuant to this advertisement, minority business enterprises
will be afforded full opportunity to submit bids in response to this invitation and will not be
-4-
discriminated against on the grounds of sex, race, color, marital status, age, creed or
national origin in consideration for an award."
Section 13. Disadvantaged and Women's Business Enterprise. The following provisions are
applicable:
(a) Policy. It is the policy of the U.S. Department of Transportation that minority business
enterprises, as defined in 49 C.F.R. Part 23, shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part with federal funds under this
Agreement. Consequently, the DBE requirements of 49 C.F.R. Part 23 apply to this Agreement.
(b) DBE obligation. The Contractor and any subcontractors agree to ensure that
disadvantaged business enterprises as defined in 49 C.F.R. Part 23 have the maximum
opportunity to participate in the performance of contracts and subcontracts financed in whole or
in part with federal funds provided under this Agreement. In this regard the Contractor and any
subcontractors shall take all necessary and reasonable steps in accordance with 49 C.F.R. Part 23
to ensure that disadvantaged business enterprises have the maximum opportunity to compete for
and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis
of race, color, national origin or sex in the award and performance of DOT -assisted contracts.
Section 14. General Federal Compliance Assurances. The Contractor agrees to, and shall
provide for such methods of administration for the project that are found by the Secretary of
Transportation, or the official to whom the Secretary delegates specific authority, to give
reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors,
transferees, successors in interest, and other participants of federal financial assistance under
such program will comply with all requirements imposed by, or pursuant to the Act, the
Regulations, and this assurance. The Contractor agrees to comply with the provisions of the
"Common Rule," 49 C.F.R. Part 18. The Contractor agrees to comply with such instructions the
Department may issue to comply with the requirements of United States and Washington State
law. Any report or procedure developed by the Contractor pursuant to this Agreement shall
become public property and shall not be subject to copyright. The Contractor agrees that the
United States, any agency thereof, the Secretary of Transportation and any of the Secretary's
designees, 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 under the Act, the Regulations, and this assurance. It is understood by the
Contractor this assurance obligates the Contractor for the period during which federal assistance
is extended to the project.
Section 15. Project Records. The Contractor shall establish and maintain books, records,
documents, and other evidence and accounting procedures and practices sufficient to reflect
properly all direct and indirect costs of whatever nature claimed to have been incurred and
anticipated to be incurred for the performance of this Agreement. To facilitate the administration
of the Project, separate accounts shall be established and maintained within the Contractor's
existing accounting system or set up independently. Such accounts are referred to herein
collectively as the "Project Account." The Contractor shall charge to a Project Account all
eligible costs of the Project. Costs in excess of the latest approved budget or attributable to
actions which have not received the required approval of the Department, shall not be considered
eligible costs. All costs, charged to the Project, including any approved services contributed by
the Contractor or others, shall be supported by property executed payrolls, time records, invoices,
contracts, or vouchers evidencing in proper detail the nature and propriety of the charges.
Section 16. Audits, Inspection and Retention of Records. The Department, the U.S.
Department of Transportation, FTA, the State Auditor, and the Inspector General and any of their
representatives shall have full access to and the right to examine, during normal business hours
-5-
and as often as they deem necessary, all of the Contractor's records with respect to all matters
covered by this contract. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,
payrolls, and other matters covered by this contract. All documents, papers, accounting records
and other material pertaining to costs incurred in connection with the project shall be retained by
the Contractor for three years from the date of completion of the project to facilitate any audits or
inspections.
Section 17. Subcontract Inclusions. The Contractor shall include in all subcontracts
entered into pursuant to this Agreement Sections 9-17. In addition, the following provision shall
be included in any advertisement or invitation to bid for any procurement by the Contractor
under this Agreement;
Statement of Financial Assistance:
This contract is subject to a financial assistance
contract between the Washington State Department
of Transportation and the Federal Transit
Administration.
Section 18. Reimbursement. The Department, using funds made available to it from the
grant made to it by the FTA, shall reimburse the Contractor's allowable costs incurred in
completing the project described in Section 2. Allowable Project costs shall be determined by the
Department. In no event shall the total amount reimbursed by the Department hereunder exceed
the amount identified in Section 19. Payment will be made by the Department on an incremental
reimbursable basis (either monthly or quarterly). Payment is subject to the submission to and
approval by the Department of copies of the work product(s) identified in Section 2, appropriate
state vouchers, progress reports, and financial summaries. Any financial summaries submitted to
the Department must include a certification that costs have been incurred in the performance of
the contract and a record of the actual costs.
Section 19. Cost of the Project. The maximum cost of the Project shall be:
Federal Share
Contractor Share
Total Project Cost
$ 8,511. ( 80%)
$ 2,128. ( 20%)
$ 10,639. (100%)
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 maximum cost
amount, the Contractor must notify the Department promptly in writing to that effect.
Section 20. Lack of Waiver. In no event shall the making by the Department of any
payment of grant funds to the Contractor constitute or be construed as a waiver by the
Department of any breach of covenants, or any default which may exist on the part of the
Contractor, the making of any such payment by the Department while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Department
with respect to such breach or default.
Section 21. Department 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. Although Contractors are encouraged to seek the advice and opinions of the Department
on problems that may arise, the giving of such advice shall not shift the responsibility of the
Contractor for the administration and success of the Project.
-6-
Section 22. Remedies. The Department may withhold Grant payments where it determines
that a Contractor has failed to comply with any provision of this Agreement. If federal
participation and funding is either reduced or cancelled as a result of a breach by the Contractor,
the Contractor is then liable for all damages from the breach, even though those damages exceed
the price payable under the contract.
Section 23. Remedies Cumulative. All remedies provided in this document are distinct and
cumulative to any other right or remedy under this document or afforded by law or equity, and
may be exercised concurrently, independently or successively.
Section 24. Forbearance by Department Not a Waiver. Any forbearance by the
Department 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 25. Disputes. Any factual disputes between the Department and the Contractor in
regard to this Agreement not disposed of by this Agreement, shall be referred for deteimination
to the Secretary of Transportation, or his designee, whose decision shall be final and binding.
Section 26. 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 the Department has for the Contractor.
Section 27. Independent Contractor. The Contractor shall be deemed an independent
contractor for all purposes, and the employees of the Contractor or any of its contractors,
subcontractors and the employees thereof, shall not in any manner be deemed .to be the
employees of the Department.
Section 28. Effective Invalidity of Any Provision Hereof. If any covenant or provision of
this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation
or perfoiiiiance of any other covenant or provision, or part thereof, which in itself is valid if such
remainder confoiius to the terms and requirements of applicable law and the intent of this
contract. No controversy concerning any covenant or provision shall delay the performance of
any other covenant or provision except as herein allowed.
Section 29. Execution. This Agreement is executed by the Assistant Secretary for Transit,
Research, and Intermodal Planning, State of Washington or his designee, not as an individual
incurring personal obligation and liability, but solely by, for and on behalf of the State of
Washington, in his capacity as Assistant Secretary for Transit, Research, and Intermodal
Planning, State of Washington, pursuant to authority as aforesaid.
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 the Department's grant and agrees to all of the terms and conditions
thereof.
-7-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year last
written below.
STATE OF WASHING ON
Department o Transp
CITY OF YAKIMA
(Contractor)
By: g �.v�� By:
JAMES P. TOOEY
Assistant Secretary for
Transit, Research, and
Intermodal Planning
Date:
Date:
City Manager
Approved as to Form
KENNETH O. EIKENBERRY
Attorney General
State ofWashington
/
/ 1 !/ ii
7
By:
Any modification, change, or revision
to this Agreement requires the further
approval as to form of the Office of the
Attorney General.
ATTEST:
City Clerk
Date: c:R
14:M3:AGMT1 CITY CONTRACT NO:
-8-
RESOLUTION NO. D-6172
A RESOLUTION:
Authorizing the City Manager and the City
Clerk of the City of Yakima to execute an
agreement with the Washington State
Department of Transportation for financial
assistance.
WHEREAS, in connection with required annual documentation
which must be provided to the State of Washington by the Transit Division
of the Public Works Department of the City of Yakima, a 6 -year financial
plan is a required element; and
WHEREAS, the Washington State Department of Transportation
has made funding available to meet the necessary requirements in
accordance with the attached Contract documents; and the City Council
deems it to be in the best interest of the City that the agreement document
be executed by the City with a maximum obligation of $3,500.00, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with the Washington State
Department of Transportation for the purpose mentioned above, a copy of
which is attached hereto and by reference made a part thereof.
ADOPTED BY THE CITY COUNCIL this 18th day
of August, 1992.
SI PATRICIA A. BERNDT
ATTEST:
Mayor, City of Yakima
is/ KAREN S. ROBERTS, CMC
City Clerk