HomeMy Public PortalAboutORD15080Bl LL NO. --=2=0....:....:12=--....:....;13=-4'-------
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ORDINANCE N0. __ __,_/_5J._!J_ft_0 ___ _
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT
WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMM ISSION
FOR THE PURPOSE OF PROVIDING BUS SHELTERS FOR THE TRANSIT
DIVISION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON ,
MISSOURI, AS FOLLOWS:
Section 1 . The Mayor and Clerk are hereby authorized to e xecute a Cost
Share Agreement with the Missouri Highway and Transportation Commission for
Bus Shelters for the Transit Division .
Section 2 . This agreement shall be substantially the same in form and
content as Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after
the date of its passage and approval.
Passed: )-&fu , ~ JV ) 3
~-~ PresidingQ er
Approved: ;l/~/L7
eji~t_
Mayor
ATIEST:· ···;_;·. · .. APPROVED AS TO FORM :
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Missouri Depa rtment of Tra ns portation
J.;e ,•in J.:eirh. Direcror
February 27 , 2013
Mr. Richard Turner
City of Jefferson
320 East McCarty St.
Jefferson City, MO 65101
Dear Mr. Turner:
10 5 Wes t Ca pito l Avenue
P.O. Oox 270
Jc iTe r Sllll Cit y. M issour i 65 10::!
57 .~.751.255 1
Fax : 57.'.75 1.6555
1-SHS ASK :VIOOOT (275.6636)
Enclosed is your copy of the executed agreement between the City of Jefferson and
the Missouri Highways and Transportation Commission under the Section 5317 New
Freedom Capital Ass istance Grant Program (M0-57-X011 ). The federal share of this
agreement is an amount not to e xceed $32 ,000 . Please retain this copy for your
records.
If you have any questions about thi s grant agreement , you can either send me an e-
mail to Brvan .Heckman@modot.mo .gov or call my offi ce telephon e at (573) 751-
7481 .
Sincerely,
{)~ J 1/eJ-----
Bryan Heckman
Se nior Multimodal Operations Sp e cialist
bh
enclosure
O ur 111ission is 10 provide o "·o r!d-closs lrrlll sporlo lion experien ce tho !
de!ig f11s O tll· c us lo lll ers and pr0/1/0ies o prosperous Jl1issour i .
w\\·w . m od o t .n r g
CCO Form: TC12
Approved: 12/08 (AMB)
Revised: 12/10 (AML)
Modified:
CFDA Number:
CFDA Title:
Federal Agency:
RECEIVE;
FEB 1 3 2013
OPERATIO�jS
Project No. MO -57 -X011
CFDA #20.521
New Freedom Program
Federal Transit Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
NEW FREEDOM CAPITAL AND OPERATING ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission ") and the City of Jefferson
(hereinafter, "Grantee ").
WITNESSETH:
WHEREAS, the Grantee has applied to the Commission for a grant of federal
funds made available to the Commission under Title 49 United States Code
(hereinafter, "USC ") 5317, herein referred to as "5317" or "Section 5317 ", to defray a
portion of the costs of new public transportation services and public transportation
alternatives beyond those required by the Americans with Disabilities Act of 1990 (42
USC 12101 et seq.) that assist individuals with disabilities with transportation, carried
out by the Grantee; and
WHEREAS, the Commission has awarded federal funds available pursuant to
Section 5317 to the Grantee with the understanding that such funds will be used for
projects pursuant to this Agreement for the purposes specified in the Grantee's
application for Section 5317 assistance, attached hereto as Appendix A and
incorporated herein by reference.
NOW, THEREFORE, in consideration of these mutual covenants, promises, and
representations the parties agree as follows:
(1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is
to assist the Grantee in financing the project's expenses that are eligible for federal
financial assistance.
(A) Net Operating Cost: Net operating cost is the total cost of
operation less revenues received from the service provided. Such net operating cost is
estimated to be the amount determined from the Grantee's projected operating budget,
attached hereto as Appendix B and incorporated herein by reference.
The Commission will make a grant from available federal funds in the
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amount not to exceed fifty percent (50 %) of the net operating cost in a manner
consistent with the requirements of the United States Department of Transportation
(hereinafter, " USDOT") as contained in Section 5317 and in the Federal Transit
Administration (hereinafter, "FTA ") Circular 9045.1, dated May 1, 2007.
The Grantee will provide funds from sources other than federal USDOT
funds. The Grantee will provide funds from sources other than (a) unauthorized
restricted federal funds; (b) receipts from the use of the project facilities and equipment;
or (c) revenues of the transportation system in which such facilities and equipment are
used in an amount sufficient, together with the grant pursuant to this Agreement, to pay
the actual operating cost.
(B) Capital Costs: Such capital costs are estimated to be the amount
appearing in the Grantee's estimated capital project budget, attached hereto as
Appendix B and incorporated herein by reference.
The Commission will make a grant from available federal funds in the
amount not to exceed eighty percent (80 %) of the capital costs in a manner consistent
with the administrative rules of the USDOT as contained in Section 5317 and in the FTA
Circular 9045.1, dated May 1, 2007.
The Grantee will provide funds from sources other than federal USDOT
funds. The Grantee will provide funds from sources other than: (a) unauthorized
restricted federal funds; (b) receipts from the use of the project facilities and equipment;
or (c) revenues of the transportation system in which such facilities and equipment are
used, to pay the actual project cost.
(2) SCOPE OF WORK AND BUDGET: The Grantee will undertake and
complete the project specified in the approved project application and budgets
(Appendices A and B).
(3) USE OF PROJECT FACILITIES AND EQUIPMENT: The following
conditions are applicable to project facilities and equipment financed under this
Agreement:
(A) The project facilities and equipment shall be used to provide
transportation service to assist disabled individuals within the Grantee's transportation
service area, substantially as described in the project description (Appendix A). The
Grantee agrees to observe the property management standards as set forth in OMB
Circular A -102 and 49 Code of Federal Regulations (hereinafter, "CFR ") Subtitle A, Part
18,or OMB Circular A -110 and 49 CFR Subtitle A, Part 19, as appropriate, as now or
hereafter amended in order to protect the interest of the USDOT. Exceptions to the
requirements of this paragraph must be specifically approved by the Commission.
(B) If during the period, any project facilities /equipment are not used in
transportation service to assist disabled individuals, whether by planned withdrawal or
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casualty Toss, the Grantee shall immediately notify the Commission and shall remit to
the Commission a proportional amount of the fair market value, if any, of the property,
which shall be determined on the basis of the ratio of the grant made by the
Commission to the actual cost of the project. Fair market value shall be deemed to be
the value of the property as determined by competent appraisal at the time of such
withdrawal from use or misuse, or the net proceeds from public sale, whichever is
approved by the Commission.
(C) In the event of loss due to casualty or fire, the damages paid by the
insurance carrier or payable from the self- insured reserve account shall be considered
fair market value. In no event is salvage value to be considered fair market value.
(D) The Grantee shall keep satisfactory records with regard to the use
of the property and submit to the Commission upon request such information as is
required in order to assure compliance with this section and shall immediately notify the
Commission in all cases in which project facilities /equipment are used in a manner
substantially different from that described in the project description.
(E) The Grantee shall maintain in amount and form satisfactory to the
Commission such insurance as will be adequate to protect project facilities /equipment
throughout the period of required use.
(F) At the beginning of each calendar year, the Grantee shall also
submit to the Commission a certification that the project facilities /equipment are still
being used in accordance with the terms of Paragraph (3) of this Agreement and that no
part of the local contribution to this cost of the project has been refunded or reduced,
except as authorized above.
(4) PROJECT TIME PERIOD:
(A) Project Time Period for Net Operating Cost: The project period
shall be from April 1, 2012 to December 31, 2013.
(B) Proiect Time Period for Capital Cost: The project period shall be
from July 1, 2012 until the equipment is disposed of in accordance with Paragraph (22)
of this Agreement.
(5) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(6) OMB AUDIT: If the Grantee expends five hundred thousand dollars
($500,000) or more in a year in federal financial assistance, it is required to have an
independent annual audit conducted in accordance with OMB Circular A -133. A copy of
the audit report shall be submitted to the Missouri Department of Transportation within
the earlier of thirty (30) days after receipt of the auditor's report or nine (9) months after
the end of the audit period. Subject to the requirements of OMB Circular A -133, if the
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Grantee expends Tess than five hundred thousand dollars ($500,000) in a year, the
Grantee may be exempt from auditing requirements for that year, but records must be
available for review or audit by applicable state and federal authorities.
(7) AUDITS, INSPECTION AND RETENTION OF RECORDS: The
Commission and the USDOT, or any of their representatives, shall have full access to
and the right to examine, during normal business hours and as often as the Commission
or the USDOT deems necessary at no charge to the Commission and /or its designees
or representatives, all of the Grantee's records with respect to all matters covered by
this Agreement. Such representatives shall be permitted to audit under the guidelines
of OMB Circular A -133 "Audits of State, Local Governments, and Non - Profit
Organizations ", examine and make excerpts or transcripts from such records and other
matters covered by this Agreement. Such rights shall last for three years beyond the
longer of the following periods: (a) the period during which any property acquired with
funds provided pursuant to this Agreement is used for purposes for which the federal
financial assistance is extended, or for another purpose involving the provisions of
similar services or benefits; or (b) the period during which the Grantee retains
ownership or possession of such property; or (c) the end of the project time period
specified in paragraph (4). All documents, accounting records and other material
pertaining to costs incurred in connection with the project shall be retained by the
Grantee for three years from the date of final payment to facilitate any audits or
inspections.
(8) PROPERTY MANAGEMENT STANDARDS: The Grantee's services
rendered and reimbursable expenses incurred shall be those allowable under the
Grants Management Common Rule, 49 CFR Subtitle A, Parts 18 and 19, and FTA
Circular 4220.1 F (Third Party Contracting Guidance).
(9) REPORTS: The Grantee shall advise the Commission regarding the
progress of the projects at such times and in such a manner as the Commission may
require, including, but not limited to, meetings and interim reports.
(10) INSURANCE: The Grantee shall maintain in amount and form satisfactory
to the Commission such insurance as will be adequate to protect the Grantee in case of
accident. If permitted by law, the Grantee may maintain a self - insurance program in lieu
of purchasing insurance coverage. The Grantee shall verify compliance with this
section by submitting a copy of its certificate of insurance, or if self - insured, a copy of its
self - insurance plan.
(11) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Grantee shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Grantee's
wrongful or negligent performance of its obligations under this Agreement.
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(B) The Grantee will require any contractor procured by the Grantee to
work under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right -of -way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right -of -way); and
(2) To carry commercial general. liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(12) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Grantee agrees as follows:
(A) Civil Rights Statutes: The Grantee shall comply with all state and .
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et
seq.), as well as any applicable titles of the Americans with Disabilities Act (42 USC
12101, et seq.). In addition, if the Grantee is providing services or operating programs
on behalf of the Missouri Department of Transportation or the Commission, it shall
comply with all applicable provisions of Title II of the Americans with Disabilities Act.
(B) Administrative Rules: The Grantee shall comply with the
administrative rules of the USDOT relative to nondiscrimination in federally- assisted
programs of the USDOT (49 CFR Subtitle A, Part 21), which are herein incorporated by
reference and made part of this Agreement.
(C) Nondiscrimination: The Grantee shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Grantee shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR 21.5, including employment
practices.
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(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Grantee. These apply to all solicitations either by
competitive bidding or negotiation made by the Grantee for work to be performed under
a subcontract, including procurement of materials . or equipment. Each potential
subcontractor or supplier shall be notified by the Grantee of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The Grantee shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Commission or the USDOT to
be necessary to ascertain compliance with other contracts, orders and instructions.
Where any information required of the Grantee is in the exclusive possession of another
who fails or refuses to furnish this information, the Grantee shall so certify to the
Commission or the USDOT as appropriate and shall set forth what efforts it has made to
obtain the information.
(F) Sanctions for Noncompliance: In the event the Grantee fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as the Commission or the USDOT may determine to be
appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the
Grantee complies; and /or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Grantee shall include the
provisions of paragraph (12) of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
USDOT. The Grantee will take such action with respect to any subcontract or
procurement as the Commission or the USDOT may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided that in the event the
Grantee becomes involved or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the Grantee may request the United States to
enter into such litigation to protect the interests of the United States.
(13) SECTION 504 ASSURANCES AND THE AMERICANS WITH
DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements
imposed by the USDOT regulations implementing the Rehabilitation Act of 1973, as
amended, and the Americans with Disabilities Act of 1990 (and any subsequent
amendments thereto) set forth in 49 CFR Subtitle A, Parts 27, 37, and 38, as well as all
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applicable regulations and directives issued pursuant thereto by other federal
departments or agencies.
(14) DISADVANTAGED BUSINESS ENTERPRISE: The Grantee agrees to
either prepare and submit for Commission approval a Disadvantaged Business
Enterprise plan as defined in 49 CFR Subtitle A, Part 26, or to participate in the
Commission's Disadvantaged Business Enterprise plan. The Grantee shall also comply
with the reporting requirements in 49 CFR Subtitle A, Part 26.
(15) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No
member of or delegate to the Congress of the United States shall be admitted to any
share or part of this contract or to any benefit arising therefrom.
(16) CHARTER AND SCHOOL BUS PROVISIONS:
(A) Charter Service Operations: The Grantee shall comply with 49
USC 5323(d) and 49 CFR Subtitle B, Part 604, which provides that recipients and
subrecipients of FTA assistance are prohibited from providing charter service using
federally funded equipment or facilities if there is at least one private charter operator
willing and able to provide the service, except under one of the exceptions in 49 CFR
604.9. Any charter service provided under one of the exceptions must be "incidental,"
i.e., it must not interfere with or detract from the provision of mass transportation.
(B) School Bus Operations: The Grantee shall comply with 49 USC
5323(0 and 49 CFR Subtitle B, Part 605, which provides that recipients and
subrecipients of FTA assistance may not engage in school bus operations exclusively
for the transportation of students and school personnel in competition with private
school bus operators, unless qualified under specified exemptions. When operating
exclusive school bus service under an allowable exemption, the Grantee may not use
federally funded equipment, vehicle, or facilities.
(17) REIMBURSEMENT:
(A) Net Operating Cost: The Commission, using funds made available
from the grant made to it by the USDOT, shall reimburse the Grantee for fifty percent
(50 %) of the net operating cost described in paragraph (1)(A) of this Agreement;
provided, however, in no event shall the total amount reimbursed by the Commission for
net operating cost exceed the maximum federal share of $0.00.
(B) Capital Costs: The Commission, using funds made available to it
from the grant made to it by the USDOT, shall reimburse the Grantee for eighty percent
(80 %) of the capital cost described in paragraph (1)(B) of this Agreement, provided,
however, in no event shall the total amount reimbursed by the Commission for net
capital cost exceed the maximum federal share of $32,000.00.
(18) REIMBURSEMENT CONDITIONS: Reimbursement by the Commission
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is subject to the following conditions:
(A) Funds made available to the Commission and Grantee are subject to
appropriations made by the General Assembly. The maximum Commission payment
on any monthly or quarterly request and in the aggregate, when added to federal
operating and /or capital assistance funds available and applied to the same operating
and /or capital period, shall not cause the total of state and federal operating and /or
capital assistance to exceed the amount of operating and/or capital assistance for which
Grantee would have qualified in federal funds had additional federal funds been
available.
(B) Financial summaries submitted to the Commission must include a
certification that costs have been incurred in the performance of the contract and a
record of the actual costs.
(C) Reimbursement will be made by the Commission on an incremental
basis. Reimbursement is subject to approval by the Commission. All requisition forms
shall be in an appropriate format approved by the Commission.
(D) Requisitions requesting reimbursement for operating expenses shall
be in accordance with the approved project operating budget (Appendix B).
(E) Requisitions requesting reimbursement for capital expenses shall be
in accordance with the approved estimated capital project budget (Appendix B).
(F) The Grantee shall not be reimbursed for any expenses incurred prior
to or after the project period. Post-audit activities will be conducted by the Commission.
(G) The Grantee shall provide the Commission with a final invoice
indicating the detailed costs, revenues and actual operating loss, when applicable, to
the Section 5317 grant. Upon receipt of the final invoice, an audit will be performed by
the Commission pursuant to Paragraph (7).
(19) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Grantee and the Commission.
(20) SUBCONTRACTS: None of the project activities described in Appendix A
shall be subcontracted without the prior written consent of the Commission. All
subcontracts shall be subject to the terms and conditions of this Agreement. The
Grantee, however, shall remain responsible for the proper completion of the project
notwithstanding any subcontract.
(21) TERMINATION: This Agreement may be terminated upon any of the
following conditions:
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(A) If, for any cause, the Grantee shall fail to fulfill in a timely and
proper manner its obligations under this Agreement, or if the Grantee shall violate any
of the covenants, agreements, or stipulations contained herein, the Commission shall
have the right to terminate this Agreement if such default or violation is not corrected
within twenty (20) days after written notice is sent to the Grantee describing such default
or violation.
(B) The Commission may terminate this Agreement without recourse in
the event that, for any reason, federal funds are not appropriated, allotted, or available
to the Commission for the purpose of meeting the Commission's obligation hereunder.
The Commission will provide written notice of such termination to the Grantee at least
five (5) days prior to the effective date of termination.
(C) Either party may terminate this Agreement at any time by giving
written notice to the other party of such termination and specifying the effective date of
termination. Such written notice must be mailed at least forty -five (45) days in advance
of such termination date.
(22) VEHICLE DISPOSITION REQUEST TO DISPOSE OF VEHICLE(S) OR
EQUIPMENT: The Grantee is required to submit a written request for an inspection of
the vehicle(s) or equipment they wish to dispose of, to be conducted by the
Commission. This inspection will determine if the useful life of the vehicle(s) or
equipment has reached minimum standards for vehicle useful life:
Station wagon
Vans and mini buses
(straight or modified)
Bus body on medium
duty chassis
100,000 miles
100,000 miles
200,000 miles
Transit buses (over 30 ft.) 350,000 miles
(A) Disposition Procedure: A Grantee may sell a vehicle to a third
party through a variety of approved processes including:
1. A vehicle may be sold outright to a third party through a
variety of approved processes, including advertised sealed bids, auto auction or the
average of three (3) competent appraisals.
2. A vehicle may be sold by the Grantee to itself. In this case
the implicit price to be paid by the Grantee will be the average wholesale value of the
vehicle as specified in the most recent National Automobile Dealers Association
(hereinafter, "NADA ") Official Used Car Guide.
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(B) Division of Disposition Proceeds: If a vehicle is sold outright to a
third party, the Grantee may retain twenty percent (20 %) of the proceeds plus two
hundred twenty -five dollars ($225). The balance must be paid to the Commission within
ten (10) working days.
If a Grantee sells a vehicle to itself, the Grantee must pay eighty percent
(80 %) of the NADA wholesale value to the Commission within ten (10) working days.
(C) Replacement of Disposed Equipment: Vehicle(s) or equipment
disposed of before requesting replacement by application for federal funding will not be
considered eligible for replacement at a future time.
(D) Action Upon Termination: Upon termination of the project and
cancellation of this Agreement under the provisions of Paragraph (21), control of all
vehicles and equipment contained in Appendix B will revert ownership to the
Commission and will be available for immediate transfer and reassignment. To that
end, the Grantee will sign over and deliver title of the vehicle(s) and/or equipment to the
Commission within seven (7) working days of the Commission's mailing written notice of
termination.
(23) SOURCE OF COMMISSION FUNDS: The obligation of the Commission
for financial assistance in the project is contingent upon this Agreement being approved
by the FTA and the USDOT, and upon federal funds being allocated to, and approved,
for the project.
(24) LACK OF WAIVER: In no event shall payment of grant funds to the
Grantee by the Commission constitute or be construed as a waiver by the Commission
of any breach of covenants, or any default which may exist on the part of the Grantee
and the making of any such payment by the Commission while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the
Commission with the respect to such breach or default.
(25) SECURITY: The Grantee agrees that upon purchase with funds provided
under this Agreement of any equipment for which a title certificate may be obtained or is
required under the laws of Missouri that the Grantee will execute such documents as
may be necessary to protect and secure a lien upon such equipment in favor of the
Commission, if so requested by the Commission. Any and all fees required to be paid
to secure and maintain said lien shall be paid by the Grantee.
(26) PURCHASE OF VEHICLES AND /OR PROJECT EQUIPMENT: The
Commission reserves the right to procure all new vehicles on behalf of the Grantee
unless waived. The Commission reserves the right to review and concur in the
Grantee's specifications and advertisement for purchase of transit equipment. The
Commission will concur in award of bid by the Grantee prior to execution of the
Agreement between the Grantee and any bidder.
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(27) BUY AMERICA: The Grantee agrees to abide by the provision of the Buy
America requirements of 49 CFR Subtitle B, Part 661.
(28) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(29) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(30) COMPLIANCE WITH SECTION VII OF FEDERAL TRANSIT
ADMINISTRATION ITS ARCHITECUTRE POLICY ON TRANSIT PROJECTS: In
compliance with Section VII of "FTA National ITS Architecture Policy on Transit
Projects" at 66 Federal Register 1459, January 8, 2001, in the course of implementing
an ITS project, the Grantee assures it will comply, and require any third party contractor
to comply, with all applicable requirements imposed by Sections V and VI of that notice.
(31) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the state of Missouri. The Grantee shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(32) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(33) NONSOLICITATION: The Grantee warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(34) CONFIDENTIALITY: The Grantee shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Grantee
shall notify the Commission immediately of any request for such information.
(35) SECTION 5317 STATE MANAGEMENT PLAN: The Grantee agrees to
the terms and conditions of the Commission's Section 5317 State Management Plan,
incorporated into this Agreement by reference.
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(36) ASSIGNMENT OF CAPITAL EQUIPMENT: Appendix A lists the county or
area where the capital equipment is assigned. If the Grantee becomes financially
unable to operate within the assigned county, in the judgment of the Commission, the
Grantee will relinquish the titles of the items in Appendix A to the Commission. The
Commission will assist the Grantee in recovering twenty percent (20 %) of the current
fair market value, although it is not obligated to do so and may take possession of
vehicles without doing so. Capital equipment, once assigned, cannot be reassigned to
another county unless the Commission concurs. The Commission will be the first lien
holder on all capital equipment unless waived.
(37) NO WARRANTY:
(A) If the Commission opts to procure vehicles or equipment on behalf
of the Grantee, the Commission makes no warranties, express or implied, to the
Grantee with respect to such vehicles or equipment, including, but not limited to, any
warranty of merchantability or fitness for a particular purpose. The Grantee's
acceptance or use of the vehicles or equipment constitutes the Grantee's
acknowledgement that the vehicles or equipment are in working condition at that time.
(B) The Grantee shall defend, indemnify and hold harmless the
Commission, including its members and department employees, from any claim or
liability based on a claim for damages to real or personal property or to a person for any
matter relating to or arising out of the Commission's procurement of vehicles or
equipment on behalf of the Grantee under this Agreement.
(38) DRUG AND ALCOHOL TESTING: The Grantee agrees to: (1) establish
a drug and alcohol testing program under 49 USC 5331; and (2) annually certify that
Grantee is in compliance with 49 CFR Subtitle A, Part 40 and 49 CFR Subtitle B, Part
655 mandating drug and alcohol testing. Compliance with these regulations is a
condition of receipt of FTA funds. In the event the Commission agrees to subsidize the
cost of such testing, the Commission does not agree to accept liability for damages or
injury caused to Grantee, Grantee's agent or third parties. Grantee agrees to indemnify
and hold the Commission harmless for damages and injuries resulting from actions of
the Grantee and Grantee's agents.
(39) RESTRICTION ON LOBBYING: The Grantee agrees to abide with the
requirements of 31 USC 1352..
(40) ENERGY CONSERVATION: The Grantee agrees to comply with
mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 USC 6321 et seq.).
(41) CLEAN AIR: The Grantee agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC 7401
et seq. The Grantee shall ensure that its contractor will report each violation to the
12
p Z
Grantee. The Grantee will, in turn, report each violation as required to assure
notification to FTA and the appropriate United States Environmental Protection Agency
(hereinafter, "EPA ") Regional Office. The Grantee also agrees to include these
requirements in each contract exceeding $100,000 financed in whole or in part with
Federal assistance provided by the FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
(42) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee
acknowledges and agrees that, notwithstanding any concurrence by the USDOT in or
approval of the solicitation or award of the underlying contract, absent the express
written consent by the USDOT, the USDOT is not a party to this Agreement and shall
not be subject to any obligations or liabilities to the Grantee or any other party pertaining
to any matter resulting from the Agreement. The Grantee agrees that it will ensure that
the contractor will include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
(43) CLEAN WATER: The Grantee agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 USC 1251 et seq. The Grantee will require its contractor to report
each violation to the Grantee and understands and agrees that the Grantee will, in tum,
report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office. The Grantee agrees that it will ensure that the contractor will agree to
include these requirements in each subcontract exceeding $100,000 financed in whole
or in part with Federal assistance provided by the FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
(44) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS:
(A) The Grantee .acknowledges that the provisions of the Program
Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT
regulations, "Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its
actions pertaining to this Project. The Grantee shall ensure that the contractor will
certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract of the FTA
assisted project for which this contract work is being performed. In addition to other
penalties that may be applicable, the Grantee further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the USDOT reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Grantee to the extent the USDOT deems
appropriate.
(B) The Grantee also acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification to
13,
the USDOT under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 USC 5317,
the USDOT reserves the right to impose the penalties of 18 USC 1001 and /or 49 USC
5323(1) on the Grantee, to the extent the USDOT deems appropriate.
(C) The Grantee agrees to include the above two clauses in each of its
contracts financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
(45) PRIVACY ACT:
(A) The Grantee agrees to comply with, and assures the compliance of
its employees with, the information restrictions and other applicable requirements of the
Privacy Act of 1974, 5 USC 552a, as amended. Among other things, the Grantee
agrees to obtain the express consent of the USDOT before the Grantee or its
employees operate a system of records on behalf of the USDOT. The Grantee
understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that act, apply to those individuals involved, and that failure to
comply with the terms of the Privacy Act may result in termination of the Agreement.
(B) The Grantee also agrees to include these requirements in each of
its contracts to administer any system of records on behalf of the USDOT financed in
whole or in part with Federal assistance provided by FTA.
(46) STATE AND LOCAL LAW DISCLAIMER: The use of many of the
suggested clauses are not governed by Federal law, but are significantly affected by
State law. The language of the suggested clauses may need to be modified depending
on state law, and before the suggested clauses are used in the Grantee's procurement
documents, the Grantee should consult with their local attorney.
(47) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS:
The preceding provisions include, in part, certain Standard Terms and Conditions
required by the USDOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by the USDOT, as set forth in. FTA
Circular 4220.1 F, dated November 1, 2008, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Grantee shall not perform any act, fail to perform any act, or refuse to
comply with any requests which would cause the Grantee to be in violation of the FTA
terms and conditions.
(48) GOVERNMENT -WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT): The Grantee agrees to comply with the requirements of the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction as submitted with the grant application.
14
(49) FEDERAL CHANGES: The Grantee shall at all times comply with all
applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the most recently issued FTA Master
Agreement, as they may be amended or promulgated from time to time during the term
of this Agreement. The Grantee's failure to comply shall constitute a material breach of
this Agreement.
(50) DRUG -FREE WORKPLACE: The Grantee agrees to maintain a drug -free
workplace for all employees and to have an anti -drug policy and awareness program in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701 et seq.), as
amended, and 49 CFR Part 32.
(51) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The Grantee shall comply with all reporting requirements of the Federal
Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This
Agreement is subject to the award terms within 2 CFR Part 170.
(53) SAFETY TRAINING: The Grantee shall comply with section 292.675
RSMo and will ensure that its contractors and subcontractors also comply with all
applicable provisions.
(54) WAGE :LAWS: The Grantee and its subcontractors shall pay the
prevailing hourly rate of wades for each craft or type of worker required to execute this
project work as determined by the Department of Labor and Industrial Relations of
Missouri, and they shall further comply in every respect with the minimum wage laws of
Missouri and the United States. Federal wage rates under the Davis -Bacon or other
federal acts apply to and govem this Agreement also for such work which is performed
at the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement is subject to the
"Contract Work Hours and Safety Standards Act ", as amended (40 USC §3701, et
seq.), and its implementing regulations. The Grantee shall take the acts which may be
required to fully inform itself of the terms of, and to comply with, state and federal laws.
[Remainder of Page Intentionally Left Blank]
15
IN WITNESS WHEREOF, the parties have entered into this Agreement on
the last date written below.
Executed by Grantee this day of , 20_.
Executed by the Commission this C) day of t AL , 20
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
By
Director, Multimodal Operations
Attest:
By
8e a ary to the Commission
Approved as to Form:
16
CITY OF JEFFERSON
By
Title
Attest:
Nat\ota\
Approved as to Form :.
ounsel
Ordinance No.
/ SP ?i2
(if applicable)
Section 5317 - New Freedom Application Federal Fiscal Year 2010 Funds Section
A:
The following information is required:
Organization /Agency City of Jefferson,
Missouri /Jefferson City Transit (JeffTran)
Name of eligible applicant
Non - Profit Corporation Number, if applicable
N000- (from MO Secretary of State)
Federal Employer Identification Number
(FEIN)
DUNS Number 048127740
U. S. Congressional District # State 29 Dist. 4
Project contact: Richard C. Turner Sr.
Person responsible for submitted material
Title: Transit Division Director
Contact person's position
Address:
Mailing address, city, state and zip code+4
Phone: 573- 634 -6599 ext. 3
Phone number of contact person •
Fax: 573 -636 -3632
Fax number for contact person
Email address: rturner(2 jeffcitymo.org
Email address of contact person
Applicant Type: Public Transportation Provider
Private not - for - profit, local public body, public
transportation provider, or a private operator
Name Bus shelters and Facility ADA
compliance.
What is the project
Project Type Capital
Operating? Capital or both
•
Project Start Date July 2012
Date project was started/will be started
Primary Service Area Population (Place) Small
Urban
Small urban (50,000 - 199,999) or non -urban
( <50,000)
List Specific Areas Served Within the city
limits of Jefferson City, MO
Where will you be operating
Section B- Demonstration of Need and Projects Benefit
• Describe all activities included in the project
Purchase and install (9) nine bus shelters with benches which will enhance the Missouri Blvd. sidewalk
project (see attachment CAMPO TIP project number 2010 -04 and the letter from MoDot concerning the
Transits Enhancement Program funding availability for Federal Project No. STP-3101 504). This proposed
project provides enhanced or new capacity, accessibility, or mobility to the transportation system to move
people.
• Identify the unmet transportation need addressed by the project
Staff regularly evaluates our bus stop locations to make sure that they are kept in good repair. We also
evaluate the number of riders boarding per stop to determine when a stop warrants the installation of a
shelter. During our evaluation, we have determined that some additional shelters are needed on the
Missouri Blvd. sidewalk project where the pads have been identified and poured.
Public Works- Transit Division requested that the Purchasing Agent solicit bids for the purchase of (9) nine
bus shelters with benches and one bench for an existing shelter without a bench. The project has been sent
out to bid following all FTA purchasing procedures.
• Explain how the project will overcome current transportation barriers and improve access
We estimate that of the one hundred and seventy -five or so passengers per day who utilize the bus stops
along this proposed project route, forty-five will be ADA.
• Describe specific outcomes and benefits for your project
Provide a place of comfort •for waiting ADA and non ADA passengers, protection from the elements
(sun, glare, wind rain and snow). It will identify the transit system and will provide a space to install route and
schedule information.
r
Section C
Section 5317 New Freedom Grant Application Budget
Quanity Price Total State Amount City In -kind Match
Bus Shelters 9 $4,173.22 $37,558.98 $30,047.18 $7,511.80
Installation 9 $200.00 $1,800.00 $1,440.00 $360.00
1 Full length bench 1 $770.92 $770.92 $616.74 $154.18
Budget Total $40,129.90 $32,103.92 $8,025.98
v
BILL NO. 2012 -134
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. I SU
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A COST SHARE AGREEMENT
WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
FOR THE PURPOSE OF PROVIDING BUS SHELTERS FOR THE TRANSIT
DIVISION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute a Cost
Share Agreement with the Missouri Highway and Transportation Commission for
Bus Shelters for the Transit Division.
Section 2. This agreement shall be substantially the same in form and
content as Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after
the date of its passage and approval.
Passed: + d ) 3
Presiding 0 er* aL1(41/7L
ATTEST:
.fieQ
Approved:
Mayor
42Avo
eg
APPROVED AS TO FORM:
Ci 'Counselor