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HomeMy WebLinkAboutR-2007-140 Washington State Department of Transportation Grant AgreementRESOLUTION NO. R-2007-140 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a State Operating Consolidated Grant Agreement and all other necessary documentation with the Washington State Department of Transportation to accept a Special Needs Transportation Grant. WHEREAS, the City currently provides and intends to continue to provide paratransit special needs transportation services in Yakima 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 attached "State Operating Consolidated Grant Agreement" with the Washington State Department of Transportation and all other necessary documentation for acceptance of the Special Needs Transportation Grant. ADOPTED BY THE CITY COUNCIL this 2nd day of October 2007. David Edler, Mayor ATTEST: abolo-Lckto, City Clerk /�- zoo-7-7y�9 State Operating Consolidated Grant Agreement Washington State Department of Transportation 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504-7387 Contact Person: Jerry Ayres (360) 705-7912 Contractor Yakima Transit 2301 Fruitvale Boulevard Yakima, WA 98902-1228 Federal ID #: 91-6001293 Contact Person: Gary Pira (509) 576-6422 Project Costs: State Funds $ 92,500 Contractor Funds $ 0 Total Project Cost $ 92,500 Scope of Project: Scope of Project as set forth in Exhibit I, Scope of Project and Budget. . Agreement Number: GCA 5547 Term of Project: July 1, 2007 through June 30, 2009 Service Area: City of Yakima THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT," and the Contractor identified above, hereinafter the "CONTRACTOR," individually the "PARTY" and collectively the "PARTIES." WHEREAS, the State of Washington in its Sessions Laws of 2007, chapter 518, section 224 provides Rural Mobility and Paratransit/Special Needs funding through its 2007-2009 biennial appropriations to WSDOT; WHEREAS, the State of Washington Paratransit/Special Needs Transit Formula funds provides funding to transit agencies for transportation related support of persons with special needs; NOW, THEREFORE, in consideration of the terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit I, "Scope of Project and Budget", which are incorporated_ and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide operating funds to the CONTRACTOR to be used for the provision of transportation services to residents of rural areas and/or residents with special needs, hereinafter known as the "Project." Section 2 Scope of Project The CONTRACTOR shall undertake and complete the Project described and detailed in Exhibit I, "Scope of Project and Budget" and to operate the service within the area described in the caption space header titled "Service Area", in accordance with the terms and conditions of this AGREEMENT Section 3 Term of Project The CONTRACTOR shall commence, perform, and complete the Project within the time defined in the caption space header above titled "Term of Project" on this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein Section 4 Contractor's Share of Project Costs The "Total Project Cost" of the Project shall not exceed the amounts detailed in the caption space header above titled "Project Cost". The CONTRACTOR agrees to expend eligible funds, together with the "Contractor Funds" allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit 1, "Scope of Project and Budget." The CONTRACTOR further agrees that there shall be no reduction in the amount specified as the "Contractor Funds" unless there is a concurrent proportional reduction in the "State Funds." If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT, will differ from the amount indicated in the caption space titled "Total Project Cost" above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Payment A. WSDOT funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project as described in Exhibit I, "Scope of Project and Budget". Allowable Project expenses shall be determined by WSDOT as described in WSDOT's "Guide to Managing Your Public Transportation Grant," which by this reference is fully incorporated herein. In no event shall the total amount reimbursed by WSDOT exceed "State Funds" identified in the caption space header titled "Project Cost," above. B. Payment will be made by WSDOT on a reimbursable basis for actual costs incurred and only within the timeframe in the caption space titled "Temp of Project." WSDOT shall make no payments for costs incurred prior to the beginning or after the ending dates shown. The CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices may be submitted no more than once a month and no less than once per quarter. If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days. 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, 2009, within thirty (30) days of the completion of the _Project, or within thirty (30) days of the termination of this AGREEMENT, whichever is sooner. Any payment request received after July 15, 2009 will not be eligible for reimbursement. Section 6 Assignments and Subcontracts, • A. Unless otherwise authorized in advance and in writing 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. B. The CONTRACTOR agrees to include Sections 9 through 18 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. 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 the appropriations of the State of Washington". Section 7 Reports A. The CONTRACTOR shall prepare quarterly reports regarding services provided pursuant to this AGREEMENT and other related information, or as requested by WSDOT. Those reports include, but are not limited to: 1. Passenger Trips Provided 2. Project Service Hours Provided 3. Project Revenue Miles Provided 4. Narrative Progress Report 5. Financial Status of the Project Section 8 General Compliance Assurance The CONTRACTOR agrees to comply with such instructions as prescribed in WSDOT's "Guide to Managing Your Public Transportation Grant." The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. Page 2 of 9 GCA5547 Section 9 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability for 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. Section 10 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 this AGREEMENT, it being understood that in such matters they are acting solely as agents of WSDOT. Section 11 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, and agrees to comply with chapter 42.52 RCW. 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 sub -contractor or sub -recipient. 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 sub -recipients 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 work under this AGREEMENT. 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 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 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 written consent of WSDOT. • Section 12 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning 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 CONTRACTOR will adhere to all of the nondiscrimination provision in chapter 49.60 RCW. Page 3 of 9 GCA5547 Section 13 Environmental Protection The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy Act" (SEPA). Section 14 Accounting Records 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. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable 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 15 Audits, Inspection, and Retention of Records Submission of Proceedings, Contracts, Agreements, and Other Documents. During the course of the Project and for six (6) 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. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six-year period then the CONTRACTOR's obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities. 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 subcontractors 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 16 Labor Provisions 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 (40) 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 (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 17 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). Section 18 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. Page 4 of 9 GCA5547 Section 19 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 and Commute Options (PT&CO) Contracts and Grants Administrator. This decision shall be final 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 Manager of Public Transportation and Commute Options. 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 CONTRACTOR'S appeal shall be decided in writing by the Manager of Public Transportation and Commute Options. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days.of receipt of the appeal by the Manager of Public Transportation and Commute Options. The decision 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 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 ornission 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 thirty (30) days after the first observance of such injury or damage. D, Rights and Remedies. All remedies provided in this 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 this 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 20 Stateand Local Law Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perforin any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violate state or local law, or would require the CONTRACTOR to violate state 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, expeditiously, terminate the Project. Section 21 Termination A. Termination for Convenience. WSDOT may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR when it is in WSDOT's best interest or convenience for reasons including, but not limited to, the following: 1. The requisite 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 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; 4. 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; 5. The Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; or 6. In the case of termination for convenience under subsections 1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement 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 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 CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: Page 5 of 9 GCA5547 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 CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT 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 violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not perfornling, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR 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 CONTRACTOR fails to remedy to WSDOT's 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 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. D. 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 22 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 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. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. Section 24 Limitation of Liability A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers 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 CONTRACTOR's 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 or 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. B. 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. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's 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. D. 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 this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Page 6 of 9 GCA5547 Section 25 Agreement Modifications Either PARTY may request changes in this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this Agreement. Such amendments shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Section 26 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendrnents thereto. If the CONTRACTOR solicits 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 advice to the CONTRACTOR. Section 27 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 PARTIES hereby accept the issuing and service of process by registered mail at the mailing address shown in the headings of this AGREEMENT under CONTRACTOR and Washington State Department of Transportation. Section 28 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 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. The CONTRACTOR shall attend hearings and trials, assist in securing and giving evidence, and obtain the attendance of witnesses. Section 29 Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. Section 30 Counterparts 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 31, 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. Page 7 of 9 GCA5547 Section 32 Severability Should any section, term or provision of this AGREEMENT be determined to be invalid, the remainder of this AGREEMENT shall not be affected and the same shall continue in full force and effect. Section 33 Execution This AGREEMENT is executed by the Director, Public Transportation 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. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR Byc,Iftlfry By: Date: n W. Tayl c+ , ! irector Authorized Representative ublic Transport. ion Approved as to form only: By: Susan Cruise, Assistant Attorney General Date: June 8, 2007 Print Name R. A. Zais, Jr. Print Title City Manager Who certifies authority to execute this AGREEMENT on behalf of the CONTRACTOR. Date: /%/b 7' CITY CONTRACT NO r71(. D! 747 RESOLUTION NO k;.2a27 /yV Page 8 of 9 GCA5547 Exhibit I SCOPE OF WORK AND B UDGET Total Project Cost State Funds $ 92,500 Contractor's Funds $ 0 Total Project Cost $ 92,500 Funding by Project PROJECTA A Scope of Work: To provide operating funding assistance to staff downtown transit information and ticket sales booth with one full-time and two part-time individuals with special needs. Funding Percentage 2007-2009 Current Totals State Paratransit / Special Needs Transit Formula 100% $ 92,500 $ 92,500 Contractor Share 0% $ 0 $ 0 Total Project Cost 100% $ 92,500 $ 92,500 Budget: Funding and percentages identified reflects total project funds for 2007-2009. Page 9 of 9 GCA5547 • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 17 For Meeting of October 2, 2007 A Resolution Authorizing a State Operating Grant Agreement with WSDOT for a Special Needs Transportation Project SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager CONTACT PERSON/TELEPHONE: Ken Mehin, Transit Manager 576-6415 SUMMARY EXPLANATION: Yakima Transit is eligible for a "no match" State Paratransit Special Needs Transportation Grant for $92,500. This grant funding will be used to staff a downtown transit information and ticket sales booth at the Transit Center with one full-time and two part-time individuals with special needs as qualified under the Americans with Disabilities Act (ADA). Statewide a Targe number of transit entities are currently participating in the special needs grant -program; this funding is for the biennium July 1, 2007 to June 30, 2009. •The Council Transit Committee endorses this request and recommends that the City Council adopt the Resolution. • Resolution XOrdinance Other X State Operating Consolidated Grant Agreement Contract Mail to (name and address): Funding Source: WSDOT Grani.A reement Number GCA 5547—$92,500 APPROVED FOR SUBMITTAL: � 'r City Manager STAFF RECOMMENDATION: Adopt the Manager of the City of Yakima to execute the with WSDOT. BOARD/COMMISSION RECOMMENDATION: the transportation services elements, has been and supports this request. COUNCIL ACTION: Agenda Statement/ms Resolution authorizing and directing the City State Operating Consolidated Grant Agreement The Council Transit Committee has reviewed given periodic updates at their monthly meetings