HomeMy Public PortalAboutORD15119BILL NO. 2013-14
SPONSORED BY COUNCILMAN _ ___::S:::..::c~ri'-!...vn:...!.:e:::.!.r ___ _
ORDINANCE NO ., __ ____,_/__;;;s:-~~ /-LI =1-+--------
AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MODOT
FOR PUBLIC TRANSIT OPERATING ASSISTANCE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a grant agreement with MoDOT.
Section ~-The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit A.
Section ~-This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Presiding Officer Mayor
CCO Form: TC09
Approved: 06/96 (RMH)
Revised: 09/10 (AML)
Modified:
RECEIVED
MAY 2 7 2013
IVIULTIMODAL
OPERATIONS
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
PUBLIC TRANSIT OPERATING
ASSISTANCE GRANT AGREEMENT
THIS AGREEMENT is entered into between the Missouri Highways and
Transportation Commission (hereinafter, "Commission ") and City of Jefferson
(hereinafter, "Grantee ").
WITNESSETH:
WHEREAS, the purpose of this Agreement is to provide financial assistance
to the Grantee as appropriated from the State Transportation Fund and to set forth
the conditions upon which the assistance will be provided;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, the parties agree as follows:
(1) SCOPE OF WORK: The Grantee shall provide general public
transportation in accordance with the "Public Transportation Budget and Service
Statement" which is attached and made a part of this Agreement as Attachment A.
(2) AMOUNT OF GRANT: The Commission awards the Grantee the sum
of Four Thousand Nine Hundred Eighty Three dollars ($4,983) during the period
from July 1, 2012, to June 30, 2013.
(3) PERFORMANCE OF AGREEMENT: The Grantee shall immediately
notify the Commission in writing of any condition or event which may significantly
affect its ability to perform the required activities in accordance with the provisions of
this Agreement.
(4) RETENTION AND AUDIT OF RECORDS:
(A) The Grantee shall maintain all records relating to this Agreement,
including but not limited to invoices, payrolls, etc. These records must be available
at all reasonable times at no charge to the Commission and/or its representatives
during the period of this Agreement and any extension thereof, and for three (3)
years after the date of final payment made under this Agreement.
(B) The Grantee shall submit to the Commission such data, reports,
documents, and other information relating to the Grantee's activities as the
Commission may require at any time.
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(C) At any time during or after the grant period provided in this
Agreement, the Commission may inspect, copy and audit all records possessed by
or available to the Grantee, which may be pertinent to this Agreement. If the
Commission notifies the Grantee of its specific intention to inspect, copy or audit any
of these records, then the Grantee shall retain all of the records pertinent to this
Agreement until the Commission notifies the Grantee that it has completed its
inspection, copying or audit.
(5) THIRD PARTY CONTRACTS:
(A) Prior to execution by either party, the Grantee shall submit to
the Commission for review, comment and approval all contracts for services
included in the Public Transportation Budget and Service Statement to be provided
to the Grantee by a third party.
(B) The Commission shall not be liable to contractors or
subcontractors of the Grantee or any other person not a party to this Agreement in
connection with the performance of the project.
(6) PAYMENTS:
(A) Limitations on Commission Contribution: Funds made available
to the Commission and the Grantee are subject to appropriations made by the
General Assembly. In the event state funds available to the Commission are
reduced so that the Commission is incapable of completely satisfying its obligations
to all the Grantees for the current state fiscal year, the Commission may recompute
and reduce this grant. When added to federal operating assistance funds available
and applied to the same operating period, the maximum Commission payment on
any monthly or quarterly request shall not cause the total of state and federal
operating assistance to exceed the amount of operating assistance for which the
Grantee would have qualified in federal funds had additional federal funds been
available.
(B) Progress Payments: Progress payments, based upon actual
allowable costs, for not Tess than one (1) month and for no more than three (3)
months may be made upon receipt of an itemized invoice from the Grantee in an
appropriate format approved by the Commission. The itemized invoice shall be
reviewed by the Commission prior to payment and must include a certification that
costs have been incurred in the performance of the Agreement and a record of the
actual costs. Any costs deemed ineligible for reimbursement by the Commission in
accordance with the terms of this Agreement shall be deducted from the itemized
invoice before payment is made. Any rejected or unaccepted costs shall be borne
by the Grantee.
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(C) Availability of Funds: The Commission's duty to pay the Grantee
as provided in this Agreement is subject to the availability of funds appropriated by
the Missouri General Assembly to and from the State Transportation Fund and any
subsequent directives mandated by the Governor regarding the withholding of
appropriations.
(7) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement, or its performance of any work required by this
Agreement, without the prior written consent of the Commission.
(8) 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.
(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.
(9) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon
written notice to the Grantee, the Commission may suspend or terminate all or part
of the financial assistance provided for in this Agreement when the Grantee is, or
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has been, in violation of any of the terms of this Agreement.
(10) COMMISSION'S 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.
(11) NONDISCRIMINATION CLAUSE: The Grantee shall comply with all
state and federal statutes applicable to the Grantee relating to nondiscrimination,
including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil
Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et seq.); and with
every applicable provision of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.).
(12) 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.
(13) 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
respecting its alleged breach, shall be instituted only in the Circuit Court of Cole
County, Missouri.
(14) 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, gifts, 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 the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gifts, or contingent fee.
(15) AMENDMENTS: Any change in this Agreement, whether by
modification or supplementation, must be accomplished by a formal contract
amendment or supplemental agreement signed and approved by the duly authorized
representatives of the Grantee and the Commission.
(16) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(17) 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
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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 respect to such breach or default.
(18) NOTICES: Any notice or other communication required or permitted to
be given hereunder shall be in writing and shall be deemed given three (3) days
after delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the Grantee:
Facsimile No.:
(B) To the Commission:
Facsimile No.:
or to such other place as the parties may designate in accordance with this
Agreement. To be valid, facsimile delivery shall be followed by delivery of the
original document, or a clear and legible copy thereof, within three (3) business days
of the date of facsimile transmission of that document.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on
the last date written below.
Executed by the Grantee this 7) day of 1 , 20 L.5 .
Executed by the Commission this L' day of JO , 20 13 .
MISSOURI HIGHWAYS AND
TRA\ SP4'TATION COM ISSION
attest:
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Chien Financial Officer
ao the Comm ssi
Appro /'d as to For
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GRANTEE
By
Title i
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Approved as to Form:,
Counsel
1 Silq
Ordinance Number (if applicable)
Aito,c) vvi A
Application
Missouri State Transit Assistance Program
Applicant Agency Name:
Street and Mailing Address:
City, State (Missouri), Zip +4 Code
Agency Contact Person - Name
Contact Person: e-mail Address
Contact Person: Work Phone
Contact Person: Fax Number
Eligibility Criteria: (Check All That Apply):
City of Jefferson, Missouri
320 E. McCarty Street
Jefferson City, Missouri 65101
Richard C. Turner Sr.
rturner @jeffcitymo.org
573 - 634 -6599 ext. 3
573- 636 -3632
(if operating both urbanized and rural trans!
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A City
0
A City Transit Authority
0
A City Utilities Board
0
An interstate Transit Authority (as defined in 94.600 RSMo)
0
An Intrastate Transportation Authority
o
A recipient / sub - recipient of FTA Sec. 5307 urbanized formula funds
O
A sub - recipient of FTA Section 5311 non- urbanized formula funds
Operating and Capital Costs for Operating Public Transit Service in Missouri
Costs / Year
Transit Operating Costs
Transit Capital Costs
Total: Transit Operating + Capital Costs
2009
$2,417,913
$83,131
$2,501,044
2010
$2,120,073
$169,271
$2,289,344
Past and Projected Annual Passenger Ridership in Missouri (unlinked trips):
2009
2010
2011
2013 Projected
382,792
Agency's Missouri Transit Service Area Population:
Annual Vehicle Miles Operated;
Cost per Mile (divide total cost by miles)
2009
I 553,7801
$4.52
Urbanized:
323,951
43,079
2010
507,752
$4.51
Rural:
2011
$2,109,443
$733,510
$2,842,953
357,256
344,500
2011
527,384
$5.39
(Complete remainder of application on back of form)
Cost per Passenger
(divide total cost by ridership)
2009
$6.53
Description of Proposed Year 2013 Public Transit Service in Missouri
Days of Transit Operation:
Weekday Hours of Operation:
Saturday Hours of Operation:
Sunday Hours of Operation:
2010
$7.07
2011
$7.96
Monday- Friday
6:40 a.m. - 6:00 p.m.
0
0
Amount of Annual Local Tax Support for Transit:
2009
1,631,156
2010
$937,843
Description of local financial effort or local tax support for appliant's public transit service:
2011
$1,648,194
City subsidy from the general fund, Cole County Special Services Grant, Medicaid Waiver, Medicaid Hope
Waiver, Medicaid Non - Emergency Medical Transportation (NEMT) and the City's capital improvements
sales tax which is normally used for our local match on capital purchases /improvements.
Applicant Ag
ed Signature:
Date:
.2-9c/-13
Nathan Nickolaus, City Administator
Submit completed and signed application to:
Transit Section - Multimodal Operations
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102 -0270
or FAX to: (573) 526 -4709
or e-mail to: Transit @modot.mo.gov
For Technical Assistance: Transit @modot.mo.gov
Tele: (573) 751 -2523
Form located at:
http:// www. modot.mo.gov/othertransoortation/ transit/ transitapplicationsrecortsprograms .htm
(Version 2012- 12 -05)