HomeMy WebLinkAboutR-2007-167 Washington State Department of Transportation (WSDOT) Vanpool Purchase AgreementA RESOLUTION
RESOLUTION NO. R-2007-167
authorizing and directing the City Manager of the City of Yakima
to execute a contract between the City of Yakima and the
Washington State Department of Transportation regarding the
receipt of state funds to purchase additional vanpool vehicles for
use in Yakima Transit's vanpool program.
WHEREAS, the Washington State Transportation Budget as set forth in laws of
2007, Washington State Department of Transportation (WSDOT) for a Statewide
Vanpool Capital Investment Program; and
WHEREAS, the Transportation Budget authorizes the WSDOT to coordinate the
development and implementation of the Statewide Vanpool Capital Investment Program;
WHEREAS, the WSDOT is willing to provide appropriate funds in the amount of
$260,000 to the City of Yakima for the purchase of additional vanpool vehicles in
accordance with terms and conditions of the attached agreement; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best
interest of the City of Yakima to enter into a contract with the WSDOT for the receipt of
said state funds, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached incorporated "Washington State Department of Transportation
Agreement No. GCA -5614 for the receipt of state funds for the purchase of additional
vanpool vehicles for use in the City's vanpool program.
ADOPTED BY THE CITY COUNCIL this 4thday of December 2007.
City Clerk
avid Edler, Mayor
207-/6 7
Vanpool Investment Program Agreement
Washington State
TRANSIT AGENCY
Department of Transportation
Yakima Transit
310 Maple Park Avenue
2301 Fruitvale Boulevard
PO Box 47387
Olympia, WA 98504-7387
Yakima, WA 98902-1225
Contact: Kathy Johnston (360) 705-7925
Federal ID Number: 91-6001293 1
Contact: Gary Pira (509) 576-6422
Agreement
Project Period
Project Pet iod
Project
Project Title
Number
Start Date
Completion Date
Equipment
Reimbursement
Vanpool
GCA -5614
July 1, 2007
Useful life of the Project
Investment
Equipment as identified
in Exhibit I, 1.2
$260,000
Program
THIS AGREEMENT, entered into by the Washington State Department of Transportation (hereinafter
referred to as "WSDOT") and the agency written above (hereinafter referred to as the "TRANSIT AGENCY"),
and/or individually referred to as the "PARTY" and collectively as the "PARTIES", WITNESSES THAT:
WHEREAS, the Transportation Budget, as set forth in Laws of 2007, chapter 518, section 224 (3) provides
funding to WSDOT for the Statewide Vanpool Investment Program; and
WHEREAS, the Transportation Budget authorizes WSDOT to coordinate the development and implementation of
the Statewide Vanpool Investment Program; and
WHEREAS, WSDOT coordinated with transit agencies statewide to develop the implementation of the Statewide
Vanpool Investment Program; and
WHEREAS, the TRANSIT AGENCY has determined a need for one (1) or more of these vanpool expansion
vehicles and/or equipment to enhance the vanpool program.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, WSDOT and the TRANSIT
AGENCY agree to the following terms and conditions:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to reimburse the TRANSIT AGENCY with financing for the
purchase of equipment to expand vanpooling (hereinafter referred to as "Project Equipment") in accordance with
the terms and conditions of this AGREEMENT. This AGREEMENT consists of these terms and conditions
together with Exhibit I, Scope of Work, and Exhibit I1, Vanpool Expansion Program Report Form, which exhibits
are attached hereto and by this reference incorporated herein.
Section 2
Scope of Project
WSDOT hereby agrees to provide capital financing to the TRANSIT AGENCY to purchase vans as Project
Equipment, for the purpose of expanding vanpooling during the Project Period. The specific number of vans to be
purchased is identified in Exhibit I, Scope of Work.
Section 3
Time of Performance
The Project Period of this AGREEMENT shall commence and end on the dates indicated on page 1 of this
AGREEMENT under the caption headings "Project Period Start Date" and "Project Period Completion Date";
Statewide Vanpool Investment Program Agreement, GCA5614 Page I of 12
regardless of the date of signature and execution of this AGREEMENT and subject to its other provisions unless
terminated by one of the PARTIES as provided herein.
Section 4
Inspection of Project Equipment upon Delivery
TRANSIT AGENCY shall inspect Project Equipment pursuant to this AGREEMENT at the time such equipment
is delivered to the TRANSIT AGENCY. Upon receipt and acceptance of Project Equipment, TRANSIT
AGENCY agrees that it has fully inspected and acknowledged that such Project Equipment is in good condition
and repair, and that the TRANSIT AGENCY is satisfied with such equipment.
Section 5
Miscellaneous Charges and Conditions
TRANSIT AGENCY shall pay all storage charges, parking charges, and fines, as well as any fees (including
vehicle registration, license and inspection fees), and any taxes, which may be imposed with respect to the Project
Equipment by a duly constituted governmental authority. All replacements, repairs, or substitutions of parts or
equipment shall be at the cost and expenses of the TRANSIT AGENCY.
Section 6
•
Purchasing and Reimbursement
TRANSIT AGENCY will purchase Project Equipment through State of Washington Department of General
Administration's Passenger Van Procurement contract or other competitive procurement process. TRANSIT
AGENCY shall provide WSDOT information about the Project Equipment, as set forth in Exhibit 1, Scope of
Work, as well as a copy of the purchase order and invoice within thirty (30) days of delivery of the Project
Equipment.
WSDOT shall reimburse the TRANSIT AGENCY the invoice cost of the purchase of the Project Equipment not to
exceed the per vehicle unit cost specified in Exhibit 1, Scope of Work, excluding miscellaneous charges as
described in Section 5, Miscellaneous Charges and Conditions. WSDOT shall reimburse the TRANSIT AGENCY
within thirty (30) days from the receipt of the request for payment and accompanying documents. Payment is
subject to the submission and approval by WSDOT of appropriate invoices and required supporting documents.
The TRANSIT AGENCY's final payment request for reimbursement must be received by WSDOT no later than
July 15, 2009 in order to be eligible for reimbursement.
If the Project Equipment, excluding a ten (10) percent spare ratio, is not placed in use within the first twenty four
(24) months from delivery date, or if the Project Equipment is being used for purposes other than vanpool
expansion, the TRANSIT AGENCY shall pay WSDOT the invoice cost of the Project Equipment not placed in
service to expand vanpooling.
Section 7
Vehicle Title
The Project Equipment titles shall designate the WSDOT as the legal owner and the TRANSIT AGENCY as the
registered owner through the Project period. The WSDOT will release the interest of ownership of the Project
Equipment to TRANSIT AGENCY within thirty -days (30) from the completion date of the Project.
Section 8
Performance and Reporting
The TRANSIT AGENCY shall submit to WSDOT a separate annual report for each AGREEMENT in a format
provided by WSDOT. The annual report shall include financial expenditures directly related to expansion of the
vanpool program. The annual report will enable WSDOT to accurately assess changes in the vanpool system
resulting from the purchase of Project Equipment and the TRANSIT AGENCY's investment to expand the vanpool
program. These reports shall be submitted to WSDOT upon a date mutually agreed upon, each calendar year
through the useful life of the project equipment, or upon request by WSDOT. The annual report is specified in
Exhibit I, Scope of Work, attached hereto and which by this reference is incorporated herein.
Statewide Vanpool Investment Program Agreement, GCA5614 Page 2 of 12
Section 9
Use of Project Equipment
The TRANSIT AGENCY agrees that the Project Equipment shall be used for commuter ridesharing as defined in
RCW 46.74.010(1). Personal use of the van by the driver will be permitted if the TRANSIT AGENCY's vanpool
program policies allow this usage.
The TRANSIT AGENCY further agrees that it will not (1) use or permit the use of the Project Equipment in a
manner inconsistent with the TRANSIT AGENCY's policies, so as to void any insurance covering same; or (2)
knowingly use the Project Equipment in a negligent manner; or (3) permit the Project Equipment to become
subject to any liens, charges, or encumbrances. The TRANSIT AGENCY shall keep satisfactory records with
regard to the use of the Project Equipment and shall submit to the WSDOT upon request such information as is
required in order to assure compliance with this section. If during the Project period any Project Equipment
provided by the WSDOT is used in a manner substantially different from that described in this AGREEMENT, the
TRANSIT AGENCY shall immediately notify WSDOT in writing.
Section 10
Remedies for Misuse or Noncompliance
The TRANSIT AGENCY shall not use any Project Equipment in a manner that varies from the use described in
Section 2, Scope of Project and Section 9, Use of Project Equipment of this AGREEMENT. if the WSDOT
determines that the Project Equipment has been used in a manner different from that described in Section 2 and
Section 9 of this AGREEMENT, the WSDOT will terminate this AGREEMENT and the TRANSIT AGENCY
shall be liable for damages for the breach of this AGREEMENT, and any other remedies included in this
AGREEMENT.
Section 11
Maintenance of Project Equipment
The TRANSIT AGENCY shall maintain the Project Equipment in good repair at all times. All services, materials,
and repairs in connection with the use and operation of the Project Equipment are at the TRANSIT AGENCY's
expense. The TRANSIT AGENCY agrees to service the Project Equipment and replace parts at intervals
recommended in the manual provided by the manufacturer of such equipment, or sooner if consistent with the
•TRANSIT AGENCY's maintenance plans. WSDOT shall not be liable for repairs, nor shall any such repairs be
charged to WSDOT. Maintenance and service records of Project Equipment shall be kept on file for each vehicle
in the Project Equipment inventory and be made available to WSDOT upon request. WSDOT personnel may
periodically inspect the Project Equipment. Failure to follow correct maintenance procedures during the Project
Period may be grounds for termination of this AGREEMENT. WSDOT must approve modifications to the Project
Equipment or the installation of additional equipment in advance and in writing.
Section 12
International Travel
International travel to and from Canada will not be allowed.
Section 13
Limitation of Liability
WSDOT shall not be liable to the TRANSIT AGENCY or to anyone else for any liability, loss, or damage of any
kind and however caused or alleged to be caused directly or indirectly by -the Project Equipment; or the repair,
maintenance, or equipment thereof, by any inadequacy thereof, or defect therein or by any incident in connection
therewith, or interruption of service or use of any Project Equipment provided pursuant to this AGREEMENT, or
from any liability of any nature growing out of performance of this AGREEMENT or Project Equipment on the
part of the TRANSIT AGENCY, its officers, employees, agents or subcontractors. To the maximum extent
permitted by law, the TRANSIT AGENCY shall indemnify, hold harmless and defend WSDOT and all authorized
agents, and employees from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of
the acts or omissions of the TRANSIT AGENCY, its assignees, agents contractors, licensees, invitees, employees
or any person whomsoever, arising out of or in connection with any acts or activities under this AGREEMENT.
The TRANSIT AGENCY further agrees to defend WSDOT, its agent or employees in any litigation, including
payment of any costs or attorney's fees, for any claim or action commenced, arising out of or in connection with
Statewide Vanpool Investment Program Agreement, GCA5614 Page 3 of 12
any acts or activities authorized by this AGREEMENT. This obligation shall not include such claims, costs, or
damages or expenses, which may be caused by the sole or concurrent negligence of WSDOT or its authorized
agents or employees. In the event that any lien is placed upon property of WSDOT or any of its officers,
principals, agents, or employees as a result of the negligent acts, errors, or omissions of the TRANSIT AGENCY,
the TRANSIT AGENCY shall at once cause the same to be dissolved and discharged by giving bond or otherwise.
TRANSIT AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless WSDOT and its officers, principals, agents or employees.
Section 14
Insurance
The TRANSIT AGENCY shall obtain and keep in force throughout the Project Period, public liability and
property damage insurance in amounts and with companies acceptable to WSDOT. The TRANSIT AGENCY
shall provide, WSDOT a Certificate of Insurance or a Certificate of Self-insurance prior to execution of this
AGREEMENT. WSDOT shall be specifically named as an additional insured in the insurance policy, which
insures the TRANSIT AGENCY. The coverage shall be not less than $5,000,000 single limit bodily injury and
property damage per occurrence. WSDOT shall be named as loss payee on any insurance purchased covering
collision and comprehensive over the life of this AGREEMENT. The insurer shall agree to give WSDOT forty-
five (45) days written notice for cancellation or substantial change in coverage. Coverage in the minimum amount
set forth herein shall riot be construed to relieve the TRANSIT AGENCY from liability in excess of such coverage.
Further, WSDOT reserves all claims or rights of action against the TRANSIT AGENCY as if WSDOT were not
named in the subject policy.
If the TRANSIT AGENCY is a municipal Corporation or an agency of the State of Washington and is self-insured
for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be
incorporated by reference and shall constitute compliance with this section.
Section 15
Contracts Under this Agreement
Unless otherwise authorized in advance in writing by WSDOT, the TRANSIT AGENCY 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 rights and responsibilities
under this AGREEMENT. The TRANSIT AGENCY may not in any way encumber the Project Equipment.
Section 16
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 and until such variation or alteration is made in writing and signed by
authorized representatives of the PARTIES thereto.
Section 17
Termination
I . WSDOT and TRANSIT AGENCY may terminate this AGREEMENT by mutual agreement due to unforeseen
circumstance, which makes performance under this AGREEMENT impossible. The AGREEMENT
termination provisions shall include, but not be limited to, settlement terms, conditions and Project Equipment
disposal.
2. WSDOT may, by written notice to the TRANSIT AGENCY, terminate the Project and cancel this
AGREEMENT for any of the following reasons:
a) The TRANSIT AGENCY discontinues the use of the Project Equipment for the purpose of vanpooling;
Statewide Vanpool Investment Program Agreement, GCA5614 Page 4 of 12
b) The TRANSIT AGENCY does not use the Project Equipment within the first twenty four (24) months
from delivery date, or uses the Project Equipment for a non -authorized use at any time;
c) The TRANSIT AGENCY 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;
d) The commencement, prosecution, or timely completion of the Project by the TRANSIT AGENCY is, for
any reason, rendered improbable, impossible, or illegal;
e) The TRANSIT AGENCY shall be in default under any provision of this AGREEMENT;
f) The TRANSIT AGENCY in any way jeopardizes its ability to perform pursuant to this AGREEMENT or
the regulations of WSDOT or the laws of the United States of America, the state of Washington or the
laws of the local governmental bodies in which the TRANSIT AGENCY operates;
WSDOT determines that the TRANSIT AGENCY has abused or misused the Project Equipment
including, but not be limited to: I) failure to maintain the equipment according to manufacturer's
standards; 2) failure to repair or replace damaged, defective, or broken parts in a timely manner, or: 3)
taking any action which could adversely affect the ability of the Project Equipment to perform its
designated function.
g)
Section 18
Damaged Vehicle Procedure
In the event the Project Equipment is damaged in an accident, the TRANSIT AGENCY shall notify the WSDOT
within five (5) working days of the date of the accident and provide the WSDOT documentation within thirty (30)
working days of the date of the accident. If the Project Equipment has been declared a total loss by the insurance
company, the TRANSIT AGENCY will provide the WSDOT with a copy of all completed accident reports,
passenger statements, complete service and maintenance records, odometer reading at time of the accident, and
any additional information as requested by the WSDOT.
Upon completion of total loss Project Equipment settlement, the TRANSIT AGENCY shall purchase the
replacement Project Equipment within five (5) months.
The TRANSIT AGENCY is responsible for the replacement of the damaged Project Equipment during the project
period. Also see Section 5 Miscellaneous Charges and Conditions.
Section 19
Safety
The TRANSIT AGENCY shall ensure, to the best of its ability, that all Project Equipment is maintained and
operated in a safe, prudent manner and that all drivers comply with existing state laws regarding the operation of
motor vehicles on the streets, roads, and highways of the state.
Section 20
Venue
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 such action shall be initiated in the Superior
Court of the State of Washington situated in Thurston County and that Washington State law shall apply.
Section 21
Relationships with Employees and Officers of WSDOT
The TRANSITAGENCY shall not extend any loan, gratuity or gift of money in 'any form whatsoever to any
employee or officer of WSDOT.
Statewide Vanpool Investment Program Agreement, GCA5614 Page 5 of 12
Section 22
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any act or failure to act in connection with this
AGREEMENT, it being understood that in such matters they are acting solely as agents of WSDOT.
Section 23
No Government Obligations to Third Parties
No contract between the TRANSIT AGENCY and its contractors and/or materiahnen and/or laborers and/or their
subcontractors shall create any obligations or liability of WSDOT with regard to this AGREEMENT without
WSDOT's specific written consent of such obligation or liability, notwithstanding its concurrence in, or approval
of, the award of any contract or subcontract or the solicitation thereof. The TRANSIT AGENCY 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.
Section 24
Independent Contractors
The TRANSIT AGENCY shall be deemed an independent contractor for all purposes, and the employees of the
TRANSIT AGENCY or any of its subcontractors, and the employees thereof shall not in any manner be deemed to
be in the employee of WSDOT. Nothing in this AGREEMENT shall be taken as creating or increasing any right
of any third party to recovery by way of damages or otherwise against either the TRANSIT AGENCY or WSDOT.
Section 25
Remedies Cumulative
All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this
AGREEMENT or afforded by law or equity and may be exercised independently, concurrently, or successively.
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
Changed Conditions Affecting Performance
The TRANSIT AGENCY hereby agrees to immediately notify WSDOT of any change in conditions or law, or of
any other event, which may significantly affect its ability to perform the Project in accordance with the provisions
of this AGREEMENT.
Section 28
WSDOT Advice
The TRANSIT AGENCY bears complete responsibility for the administration and success of the Project as it is
defined by this AGREEMENT and any amendments thereto. Although the TRANSIT AGENCY is encouraged to
seek the advice and opinions of WSDOT on problems that may arise, the giving of such advice shall not shift the
responsibility of the TRANSIT AGENCY for the administration and success of the Project.
Section 29
Severability
If any covenant or provision or part of this AGREEMENT is judged void, or held to be invalid, such adjudication
or holding shall not affect the validity or obligation of performance of any other covenant or provision, or part
thereof, which in itself is valid, if such remainder conforms to the terms and requirements of applicable law and
with 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.
Statewide Vanpool Investment Program Agreement, GCA5614 Page 6 of 12
Section 30
Notices
Any notice, request, consent, demand, report, statement, or submission which is required or permitted to be given
pursuant to this AGREEMENT shall be in writing and shall be delivered personally to the respective PARTIES set
forth below or mailed by first class United States mail, postage prepaid, to the respective PARTIES at the
addresses set forth in the caption area of this AGREEMENT or to such other addresses as the PARTIES may from
time to time advise by notice in writing. The date of receipt of any such notice, demand, request, or submission
shall be presumed to be the date of delivery if served personally, or if mailed as aforesaid, on the fifth business day
following the date of such mailing.
Section 31
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 authorized representative of WSDOT. If the PARTIES cannot
resolve a dispute by agreement of the PARTIES, the TRANSIT AGENCY may submit in writing a detailed
description of the dispute to the PT&CO Program Manager who will issue a written decision within ten (10)
business days of receipt of the written description of the dispute. This decision shall be final and conclusive
unless within ten (10) business days from the date of receipt of its copy, the TRANSIT AGENCY mails or
otherwise furnishes a written appeal to the authorized representative of WSDOT, PT&CO Office Manager. In
connection with any such appeal, the TRANSIT AGENCY 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 TRANSIT AGENCY and the TRANSIT AGENCY shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, TRANSIT AGENCY shall continue
performance under this Contract while matters in dispute are being resolved.
C. Claims for Damages. Should either PARTY to the 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 for 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 WSDOT or TRANSIT AGENCY 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 32
Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Contracts, and Other Documents. During the course of the Project and for six
(6) years thereafter, the TRANSIT AGENCY 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 (6)
year period then the TRANSIT AGENCY'S obligations hereunder shall be extended until the conclusion of that
pending audit, enforcement, or litigation process.
B. General Audit Requirements. The TRANSIT AGENCY agrees to obtain any other audits required by
WSDOT at TRANSIT AGENCY'S expense. Project closeout will not alter the TRANSIT AGENCY'S audit
responsibilities.
C. Inspection. The TRANSIT AGENCY 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 TRANSIT AGENCY and its contractors pertaining to the Project. The TRANSIT
Statewide Vanpool Investment Program Agreement, GCA5614 Page 7 of 12.
AGENCY 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.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year written
below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION CONTRACTOR
By:
athryn W. Taylor AuthorizeRepresentative
Director, Public Trans••rtation
Date:
I/ g /(2-e3
APPROVED AS TO FORM ONLY:
By: Susan Cruise
Assistant Attorney General
Date: June 6, 2007
Print Name
R. A. Zais, Jr.
Print Title City Manager
Date:
Who certifies authority to execute this AGREEMENT
on behalf of the CONTRACTOR.
/2/ O7
CITY CONTRAC r NO: ‘71/262-m/
RESOLUTION NO: A .Rm7 /(07
Statewide Vanpool investment Program Agreement, GCA5614 Page 8 of 12
Exhibit 1
Scope of Work
1. Purpose
1.1. The purpose of this AGREEMENT is for WSDOT to provide the TRANSIT AGENCY with capital
financing to purchase equipment to expand vanpooling in accordance with the terms and conditions of
this AGREEMENT.
1.2. The Project Period of this AGREEMENT shall commence and end as set forth in the caption heading
spaces titled "Project Period Start Date" and "Project Period Completion Date" on the cover page of this
AGREEMENT. The useful life of the Project Equipment is five (5) years from the date of purchase.
I.3. The CONTRACTOR's purchase of the Project Equipment must occur prior to June 30, 2009. The final
payment request must be received by WSDOT by July 15, 2009, any payment request received after July
15, 2009 will not be eligible for reimbursement.
2. WSDOT hereby agrees to:
2.1. Provide capital financing to TRANSIT AGENCY to purchase Project Equipment to be used for vanpool
expansion during the Project Period and to reimburse the TRANSIT AGENCY the invoice cost of the
purchased Project Equipment less any pre -payment discounts, rebates and/or refunds and excluding
miscellaneous charges as described in Section 5, Miscellaneous Charges and Conditions. If the
TRANSIT AGENCY chooses to purchase the Project Equipment, the invoice cost shall not exceed ten
(10) vans and at a cost not to exceed the lesser of $26,000 per vehicle unit cost or the summarized
cost amount as set forth in the caption space Total Project Cost on page 1 of this AGREEMENT.
2.2. Compile performance data, conduct data analysis and develop a report of the vanpool investment
program.
3. TRANSIT AGENCY hereby agrees to:
3.1. Purchase Project Equipment through the State of Washington's General Administration Office Vanpool
Vehicle Procurement contract or other competitive procurement process.
3.2. Notify WSDOT in writing that the Project Equipment is in good condition and repair and that the
TRANSIT AGENCY is satisfied with such Equipment.
3.3. Operate the Project Equipment as part of an expansion to the vanpool program placing the Project
Equipment into service within 24 months of delivery date. For every ten (10), expansion vanpool
vehicles purchased, one (I) may be operated as a spare vehicle, otherwise referred to as, "a ten (10)
percent spare ratio".
3.4. Invest 25%, of the total invoice cost expended for the Project Equipment as match expenses related to
expanding the vanpool program in your local area during the useful life of the Project Equipment.
4. Performance and Reporting
4.1. The TRANSIT AGENCY shall submit, with invoice for payment, an accompanying copy of the Dealer's
invoice and a copy of the Washington Department of Licensing vehicle registration.
4.2. Provide WSDOT with the invoice for payment of the Project Equipment, within 30 days of delivery of
the Project Equipment and prior to July 15, 2009. The invoice should include but not be limited to the
following information:
4.2.1.Vehicle Identification Number (VIN)
Statewide Vanpool Investment Program Agreement, GCA5614 Page 9 of 12
4.2.2.Year and Make
4.2.3 . Description
4.2.4.Invoice Cost
4.2.5.Passenger capacity
4.3. The TRANSIT AGENCY shall submit to WSDOT an annual report in a format provided by WSDOT on
a mutually agreed upon date dependent on date of purchase of the Project Equipment. An example of this
annual report is shown in Exhibit II, Vanpool Expansion Program Report Form attached and incorporated
herein. The annual report shall include financial expenditures directly related to expansion of the vanpool
program. The annual report will enable WSDOT to accurately assess changes in the vanpool system
resulting from the purchase of Project Equipment and the TRANSIT AGENCY's investment to expand
the vanpool program. These reports shall be submitted to WSDOT each calendar year through the useful
life of the Project Equipment.
The Transit Agency shall provide WSDOT with verification of vanpooling expansion match expenses
each year following the purchase of the Project Equipment. Match expenses totaling 25% of the
reimbursed invoice cost must be reported and verified by WSDOT before the end of the useful life of the
Project Equipment and prior to WSDOT releasing title of the vehicle to the TRANSIT AGENCY.
Statewide Vanpool Investment Program Agreement, GCA56I4 Page 10 of 12
Date:
Transit Agency:
GCA Number :
Total # of Vans Purchased:
Annual Vanpool Performance Indicator's:
Exhibit 11
Vanpool Expansion Program Report Form
Contact
Person:
Email
Address:
Phone
Number:
Date Vans Accepted:
Met
goal:
Vanpool
;`'Baseline.;;
July
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
June
Tol
Vanpool Groups in Operations
°
Av
Vanpool Group Starts
" :h ,'°:
0.1
Vanpool Group Folds
0.I
Passenger Trips
-.x> };
0.1
Average Riders per Van
Av
Miles Traveled
;'
0.1
Avg. Round trip Miles
-
Av
Vehicles in reserve Status
=r°Yt
Av
Total Vehicles
=v
' ��'•
Av
State Cost of Vans:
Statewide Vanpool Investment Program Agreement, GCA5614 Page 11 of 12
Financial Expenditure: Itemize TRANSIT AGENCY local match directly related to the vanpool program in the following
table.
Vanpool Expansion Investment Description:
July
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
$
$
$
$
$
$
$
Attach additional sheets if necessary.
Report due Annually by September 30th.
Statewide Vanpool Investment Program Agreement, GCA5614 Page 12 of 12
Subtotal for Year 1:
Original
Match
Provided:
Total
Match
provided
to Date:
25% Match:
Remaining Match
Required:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No * 1 i s
For Meeting of December 4, 2007
ITEM TITLE A Resolution Authorizing a Vanpool Purchase Agreement with WSDOT to
acquire vehicles through the Statewide Vanpool Investment Program
SUBMITTED BY Chris Waarvick, Director of Public Works
Ken Mehin, Transit Manager -576-6415
CONTACT PERSON/TELEPHONE.
SUMMARY EXPLANATION
Ken Mehin, Transit Manager 576-6415
Karen Allen, Vanpool Coordinator 576-6423
Yakima Transit staff respectfully requests the City Council to approve the attached resolution to
execute the attached contract with the Washington State Department of
Transportation This contract will provide for the acquisition Vanpool vehicles to meet the
existing needs of the Yakima Transit Vanpool Program
The State Transportation Budget reauthorized additional monies, as -set forth in laws of 2007,
Chapter 518, Section 224 (3) to provide continued funding for the Statewide Vanpool Investment
Program Yakima Transit previously qualified for acquisition of vanpool vehicles back in early
- 2005
Yakima Transit `staff again requested additional vanpool vehicles to expand their existing
program and provide for an adequate number of reserve units in support of the operation This
agreement continues the WSDOT support our vanpool program and allows Yakima Transit to
obtain new vanpool vehicles and to also utilize any leftover funds as incentives to encourage
participation in our prograrn
The Council Transit Committee endorses this request and recommends that the City Council
adopt the Resolution
Resolution XOrdinance Other X State Operating Capital Consolidated Grant Agreement
Contract Mail to (name and address)
Funding Source Vanpool Investment Program Agreement #GCA -5164
APPROVED FOR SUBMITTAL. "^?,. ( City Manager
STAFF RECOMMENDATION Adopt the Resolution authorizing and directing the City
Manager of the City of Yakima to execute the State Vanpool Investment Program Agreement
(GCA -5614)
BOARD/COMMISSION RECOMMENDATION The Council Transit Committee has reviewed
,the transportation services elements, has been given periodic updates at their monthly meetings
sand supports this request
`COUNCIL ACTION
Agenda Statement/ms
1