HomeMy WebLinkAboutR-2014-038 Paratransit Services Funding Grant Agreement RESOLUTION NO. R- 2014 -038
A RESOLUTION adopting a resolution authorizing the City Manager to enter into an
agreement to accept grant funding for paratransit services.
WHEREAS, Yakima Transit operates paratransit services as required under federal law;
and,
WHEREAS, on July 2013, the Washington State Department of Transportation awarded
formula grant funds ($174,435) for paratransit services for the City of Yakima and City of
Selah.
WHEREAS, it is necessary for the City and the Washington State Department of
Transportation to enter into an agreement setting forth the terms, conditions, and
requirements for allocating this funding.
NOW, THEREFORE, be it resolved by the City Council of the City of Yakima, the City
Manager is hereby authorized to enter into Agreement No. GCB1648 with the Washington
State Department of Transportation for grant funding for paratransit services for Yakima
Transit's Dial A Ride service.
ADOPTED BY THE CITY COUNCIL at a regular meeting this 11 day of March, 2014.
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State Operating Grant Agreement
Consolidated Grant Program
Washington State Department of Transportation Contractor:
Public Transportation Division Yakima Transit
310 Maple Park Avenue SE 2301 Fruitvale Blvd.
PO Box 47387 /` Yakima, WA 98902
Olympia, WA 98504 -7387
WSDOT Contact: Tom Hanson 509- 667 -3029 Contact Person: Kevin Futrell 509 -576 -6422
Term of Project: July 1, 2013 through June 30, 2015 ID #: 916001293 1
Scope of Project: Scope of Project as set forth in Project Title: Consolidated operating project as
Exhibit I, Scope of Work and Budget. described in Exhibit I, Scope of Work.
Service Area: As defined in attached Exhibit I Project Costs:
State Funds $ 174,435
Contractor Funds $ 0
Agreement Number: GCB1648 Total Project Cost $ 174,435
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 2013 Chapter 306 Section 220 (1), (2) and (4)
provides Rural Mobility, Paratransit/Special Needs, Regional Mobility and other special proviso' funding through the
multimodal transportation account, rural mobility grant program account, and regional mobility program account, as
identified m the budget through its 2013 -2015 biennial appropriations to WSDOT;
WHEREAS, WSDOT's Public Transportation Division administers the Paratransit /Special Needs Transit Formula
Grant Program funds to provide assistance 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 Work 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 for public
transportation services that meet the needs of persons in the State of Washington, 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 Work
and Budget," which is by this reference fully incorporated herein as if fully set out in,this AGREEMENT and 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. The caption space header titled "Service Area" and all caption space headers
are by this reference incorporated herein as if fully set out in 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 titled "Term of Project" on this AGREEMENT regardless of the date of execution of this AGREEMENT,
unless terminated as provided herein.
GCB1648 Page 1 of 9
Section 4
Contractor's Share of Project Costs
The total Project cost shall not exceed the amounts detailed in the caption space header titled "Project Costs." The
CONTRACTOR agrees to expend eligible funds, together with any "Contractor Funds" allocated for the Project, in an
amount sufficient to complete the Project as detailed in Exhibit 1, "Scope of Work 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" or WSDOT pre - approves the reduction in writing. If at any
time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this
AGREEMENT will exceed or be less than the amount identified as "Total Project Cost" in the caption space header
titled "Project Costs," the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making
that determination.
Section 5
Payment
A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the
Project as described in Exhibit I, "Scope of Work and Budget." Allowable Project expenses shall be determined by
WSDOT as described in WSDOT's Guide to Managing Your Public Transportation Grant, and any amendments
thereto, found at http: / /www.wsdot.wa.gov /Transit /Grants /Guidebook.htm, 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 Costs," above.
B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the
timeframe in the caption space titled "Term of Project." Such costs to be reimbursed shall be calculated as described
in WSDOT's Guide to Managing Your Public Transportation Grant, and any amendments thereto. WSDOT shall
make no payments for costs incurred prior to the beginning or after the ending dates shown in the caption space titled
"Term of Project ". The CONTRACTOR shall submit an invoice detailmg 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 shall submit an invoice by July 15, 2014, for any unreimbursed eligible expenditures
incurred between July 1, 2013, and June 30, 2014. If the CONTRACTOR is unable to provide an invoice by this date,
the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in
the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set
forth m this section. The CONTRACTOR' s final payment request must be received by WSDOT by July 15, 2015,
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, 2015, will not be eligible for
reimbursement.
Section 6
Assignments and Subcontracts
A. Unless otherwise authorized in advance and in wntmg 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 third party with respect to its rights and responsibilities under this AGREEMENT.
B. The CONTRACTOR agrees to include Sections 9 through 17 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 any 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
The CONTRACTOR shall prepare quarterly reports regarding services provided pursuant to this AGREEMENT and
other related information as prescribed in WSDOT's Guide to Managing Your Public Transportation Grant, and any
amendments thereto, or as requested by WSDOT. Due to Legislative and WSDOT reporting requirements, quarterly
GCB 1648 Page 2 of 9
progress reports shall be submitted for the duration of the AGREEMENT period regardless of whether the underlying
funding sources have been exhausted. Post -grant annual performance reporting may also be required as prescribed in
the aforementioned guidebook. Those reports include, but are not limited to
1. Project Passenger Trips Provided
2. Project Service Hours Provided
3. Project Revenue Service Miles Provided
4. Narrative Progress Report
5. Financial Status /Summaries of the Project.
Section 8
General Compliance Assurance
The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Guide to Managing Your
Public Transportation Grant, and any amendments thereto. The CONTRACTOR agrees that WSDOT, and/or any
authorized WSDOT representative, shall have not only the right to momtor 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.
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.
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 actmg solely as agents of WSDOT.
Section 11
Ethics
A. 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.
B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a
full -time, 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 provisions m chapter 49.60 RCW.
Section 13
Environmental Protection
The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21 C RCW "State Environmental
Policy Act" (SEPA).
Section 14
Accounting Records
A. Project Accounts. The CONTRACTOR agrees to establish and mamtain 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. '
GCB 1648 Page 3 of 9
B. 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
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term 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.
B. 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.
C. Inspection. The CONTRACTOR agrees to permit WSDOT and the State Auditor, or their authorized
representatives, to inspect all Project work matenals, 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
Changed Conditions Affecting Performance
The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other
event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT.
Section 18
Coordination of Special Needs Transportation
It is the policy of WSDOT to actively support coordination of special needs transportation in the state. As a condition
of assistance, the CONTRACTOR is required to participate in local coordinated planning as led by CONTRACTOR's
relevant Metropolitan Planning Organization (MPO) and/or Regional Transportation Planning Organization (RTPO).
Persons with special transportation needs means those persons, including their personal attendants, who because of
physical or mental disability, income status, or age are unable to transport themselves or purchase transportation.
Section 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 Division Assistant Director or designee.
This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR's receipt of
WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the
Public Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided in writing
by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of
the Public Transportation Division or the Director's designee. The decision shall be binding upon the 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.
GCB 1648 Page 4 of 9
C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or
right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for
whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within
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
State and 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, perform 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
Prod ect.
Section 21
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR 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 other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT
termination provisions including but not limited to the settlement terms, conditions, and in the case of partial
termination the portion to be terminated. Written notification must set forth the reasons for such termination, the
effective date, and in case of a partial termination the portion to be terminated. However if, in the case of partial
termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which
the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT
for 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 proceedmg 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 pnmarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR;
or -
5. The State Government determines that the purposes of the statute authonzing the Project would not be
adequately served by the continuation of financial assistance for the Project;
6. In the case of termination for convenience under subsections A.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:
1. Takes any action pertaming 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 Amenca laws, Washington
state laws, or local governmental laws under which the CONTRACTOR operates;
GCB 1648 Page 5 of 9
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 m 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 performing, 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 nght 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
arismg 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.
GCB 1648 Page 6 of 9
Section 25
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be
mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such 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 amendments 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 agree that the laws of the State of
Washington shall apply.
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 WSDOT 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 as
requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of
witnesses as requested by WSDOT.
Section 29
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 30
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or
representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement,
representation, promise or agreement not set forth herein or made by written amendment hereto.
Section 31 -
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the
validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if
such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any other covenant or provision
except as herein allowed.
GCB 1648 Page 7 of 9
Section 32
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 Division, or as a designee.
Section 33
Binding Agreement
The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective
agency(ies) and or entity(ies) to the obligations set forth herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year signed last
below.
WASHINGTON STATE CONT' ; TOR
DEPART. ENT IF T' ' ' ORTATION
By: ' I i (.i i By: MA I�
Aj. t n. ` agerberg i irector A . Re.' esentative
.T_0( Public Transportation Division
_ Title: City Manag
- Print Name: Tony O'Rourke
, Date: ■
Air Date: 3 l
APPROVED AS TO FORM
j���
CITY CONTRAC r NO
By: Susan Cruise RESOLUTION NO:��
Assistant Attorney General
Date: June 20, 2013
GCB 1648 Page 8 of 9
Exhibit I
SCOPE OF WORK AND BUDGET
Total Project Cost
State Funds $174,435
Contractor Funds $0
Total Project Cost $174,435
Scope of Work: Provide operating funding assistance to sustain demand - response ADA accessible
service within the cities of Yakima and Selah.
Funding Percentage Totals
Paratransit Special Needs 100% $174,435
Formula Funds
Contractor Funds 0% $0
Total Project Cost 100% $174,435
Budget: Funding and percentages identified reflects total project funds for 2013 -2015.
GCB1648 Page 9 of 9
r f
ii :-!
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.'
For Meeting of: 3/11/2014
ITEM TITLE: Resolution authorizing execution of a Grant Agreement with
the Washington State Department of Transportation
(WSDOT) to allow Yakima Transit to receive Formula Funds
for Yakima Transit's Dial A Ride Program.
SUBMITTED BY: Scott Schafer, Public Works Director
Ken Mehin, Transit Manager, 576 -6415
SUMMARY EXPLANATION:
- Every two years, WSDOT administers the Paratransit/Special Needs Transit Formula Grant
Program to provide assistance to transit agencies for transportation related support of persons
with special needs as required by federal law. The funds were awarded on July 1, 2013 and
does not require matching funds. Under federal law, Yakima Transit is required to provide
complementary paratransit services during the same days and hours that fixed -route bus
service is operated.
Attached is State Operating Grant Agreement No. GCB1648 allocating Formula Funds to the
City of Yakima ($167,717) and the City of Selah ($6,718) for a total of $174,435.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: 7/1/2013- 6/30/2015
Start Date: 7/01/2013 End Date: 6/30/2014
Item Budgeted: Yes Amount: ($174,435)
Grant
Funding Source /Fiscal Impact: WSDOT Grant ($174,435)
Strategic Priority: Public Trust and Accountability
Insurance Required? No
Mail to: WSDOT Contact: Tom Hanson, WSDOT; Public Transportation
Division; P 0 Box 47387; Olympia, WA 98504 -7387
Phone: 509 - 667 -3029
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Adopt the Resolution authorizing the City Manager to enter into State Operating Grant
Agreement No. GCB1648 to accept the Dial A Ride Formula Funds.
ATTACHMENTS:
Description Upload Date Type
0 Resolution 2/20/2014 Resolution
GCB1648 Grant Agreement 2/20/2014 Contract