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Home My Public Portal AboutORD13746 BILL NO. 2004-38 SPONSORED BY COUNCILMAN Brown ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. 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 Public Transit Operating Grant Agreement with the Missouri Highway and Transportation Commission. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. The Deputy Director of the Department of Community Development for Planning and Transportation is hereby authorized to request reimbursement on behalf of ® the City from the Missouri Highway and Transportation Commission as provided in the agreement. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: i c. � �L l �� _ Approved: 7u G S ing Officer Mayor ATT APPROVED AS T FORM: ity Cl4fk City Counselor MISSOUrI 105 West Capitol Avenue P.O.Box 270 ' Department City, MO 65102 (573) 751.2551 of Transportation Fax(573) 751-6555 www,modot.state.mo.us Dave Snider, P.E., Interim Director June 14, 2004 Mr. Richard 'Turner r City of Jefferson 320 East McCarty Street JOIN Jefferson City, MO 65101 i.. Dear Mr. Turner: UNI1 D VELDPfNENT RE: State Operating Assistance State Fiscal Year 2005 Enclosed for your signature are three (3) agreements of a Public Operating Assistance grant for fiscal year 2005 between the Missouri I Iighways and Transportation Commission and City of Jefferson. 'these agreements need to be signed and dated, and then returned at your earliest convenience. We will then execute the agreements and return a copy to you for your records. We also request that the enclosed State Operating Assistance form be filled out and returned with the signed contracts. Please include a resolution authorizing the party assigned to signing documents for your agency. The most recent Request for Payment form is included xvith this letter for your convenic..ace. When Requests for Payment are submitted, please 111,11W tiui-e to include supporting documentation to substantiate costs incurred. Requests for Payment will not be processed without any supporting documentation that accuratciy reflect the costs being reimbursed. Thank you for your prompt attention to this matter, if you have any questions please call me at (573) 751-9082, Sincerely, Mark S. Anderson Intermediate Transportation Planner rasa Enclosures r Our mission is taking care of and improving Missouri's transportation system. • 7 CCO FORM: TC9 Approved: 06/96 (RMH) Revised: 07/01 (RMH) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PUBLIC: TRANSIT OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission ("Commission") and City of Jefferson ("Grantee"). WITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistance to the Grantee as appropriated to 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 agrees to 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 Sixty-Eight Thousand Three Hundred Seventy-Seven dollars ($68,377) during the period of July 1, 2004, to June 30, 2005 (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 activities/project in accordance with the provisions of this Agreement. (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The Grantee shall submit to the Commission such data, reports, documents, and other information relating to the Grantee's activities and projects as the Commissions may require at any time. (B) The Commission reserves the right to inspect and otherwise audit all records of the Grantee to determine the status of the grant funds received by the Grantee. Generally accepted auditing standards and the requirements of the Comptroller General of the United States "Government Auditing Standards" shall be 1 used as the audit criteria. (5) THIRD PARTY CONTRACT'S: (A) Prior to execution by either party, the Grantee shall sijbmit to the Commission for review, comment, and approval all contracts for .�ervices included in the Scope of Work Statement to be provided to the Grantee by a third party. (6) 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 project without specific written consent of Commission. (6) PAYMENT'S: (A) Limitations on Commission Contribution: 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 assistance funds available and applied to the same operating period, shall not cause the total of state and federal operating assistance to exceed the amount of operating assistance for which Grantee would have qualified in federal funds had additional federal funds been available. (B) Timing of Payments: Commission payments to the Grantee will be made on a monthly or quarterly basis. Commission will provide a requisition form to be completed by the Grantee when requesting assistance. (C) Availability of Funds: Funds made available to the Commission and Grantee are subject to appropriations made by the General Assembly and any subsequent directives mandated by the Governor regarding the Governor's holdback of appropriations. (7) NOWASSIGNABILITY: Unless otherwise authorized in writing by the Commission, the Grantee shall not assign any portion of the work to be performed under this Agreement, or execute any contract, amendment or change order, or obligate itself in any matter with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Commission. (8) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the Grantee, the Commission reserves the right to suspend or terminate all or part of the financial assistance provided for in this Agreement when the Grantee is, or has been, in violation of any of the terms of this Agreement. 2 (9) 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. (10) INDEMNIFICATION: The Grantee shall be responsible for injury or damages as a result of any services and/or goods rendered under the terms and conditions of this Agreement. In addition to the liability imposed upon the Grantee on the account of personal injury, bodily injury, including death, or property damage, suffered as a result of the Grantee performance under this Agreement, the Grantee assumes the obligation to save harmless the Commission, including its ,agents, employees and assigns, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The Grantee also agrees to hold harmless the Commission, including its agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the Grantee for any purpose under this Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. (11) MISSOURI NONDISCRIMINATION CLAUSE: The Grantee shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The Grantee shall also 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 any 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 ;hat 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 Cale County, Missouri. 3 (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 supplemental agreement signed and approved by the duly authorized representatives of the Grantee and the Commission. 4 J 1 ' IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by the Grantee this day of j/ c.�� , 20Z) r� Executed by the Commission this 2 7 day of 3 , 20 . MISSOURI HIGHWAYS AND CITY 0 EFFERSON TRANSPORTATION COMMISSION Director, Multimodal Operations it Attest: Attest:�,2,; B y �Z Secretary to the Co mission ►. r�� Title Ap roved as to Form. R A V ; Is to Form: �ouns� for the Commission f� City Counselor j:lco n tracft oltra ns itltc9,doc 5 APPENDIX-A APPLICATION FOR STATE OPERATING' ASSISTANCE Applicant's Ot Name P. 0, Contact Richard C. Turner Sr. Box Person Address 320 E,-McCarty Street County Cole City, State, Zip Telephone # (573) 6346571 cxt. 3 FAX (573) 636-3632 tt Proposed Leval of'Service and 1au I_ge -mati(m _� Level of'Servicc Proposed Project Period July 1, 2004 -- Junc 30, 2005 Public Transportation Service Area JetTerson Citv Urbanized Area Total One-way Passcngei- Trips to be Provided 311,000 Total Vehicle Miles to be Operated 554,000 Number ol'Vehicles in Peak ReMILIC FB—tidget Information Total Transportation Operating Expenses $1,547,460.00 Passenger Dares and Othcr ReNmILICS 350,097.00 Federal Operating Assistance 51 1,942.00 Local Operating Assistance 617,044.00 State Assistance $ 68,377.00 S' ature of'official authorized 10 SLIbIllit this application Z' z C)o 4- Date Based oil estimated budget 1'or Fiscal)'ear November 1, 2004 thru Ociolm'31 2005, J:VFRANS1'j'\j'6j-jjjs\Sj Operat Assis form.doc