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HomeMy Public PortalAboutORD13626 BILL NO. 2043-1_Q4 AdIlk SPONSORED BY COUNCILMAN Weber ORDINANCE NO, )� !,,�L. _ 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. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:4- LIZ �'. �� Approved: : f Presiding Officer Mayor � ATTEST: APPROVED AS TO FORM: �z i y Cle k City Counselor Imm D Missouri � 105 w®sr cnprtolAvenuF �� City, Box 270 Department Je((erson City, x,75 -2551 (573) 75i-?.551 of Transportation Fax(573) 751-6555 mw.modot.state.mo.us Henry Hungerbeeler, Director November I, 2003 Mr. Tom Hood City ofJefferson 320 E. McCarty St. Jefferson City, MCA 65101 Dear Mr. flood: For your records, I have enclosed your copy of the cxecuted contract liar the State Operating Assistance For state fiscal year 2004. ll'you have any questioias you naay reach me by phone at 573/75 1-9082. My email is anderml(a)mai1.ingdot_state.nan.Lis, Sincerely, Mark S. Anderson Intermediate"Transportation Planner enclosure Our mission Is to preserve and Improve Missouri's transportation system to enhance safety and encourage prosperity. 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"). WITNESSETI-l: 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 ($68,377.00) during the period of July 1, 2003 to June 30, 2004. (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 IRIGIFIT 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 Commission 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 CONTRACTS: (A) Prior to execution by either party, the Grantee shall submit to the Con-emission for review, comment, and approval all contracts for services included in the Scope of Work Statement to be provided to the Grantee by a third party. (B) The COITIrnisSion 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) PAYMENTS_ (A) Limitations on Commission Contribution: Funds made available to the Commission and Grantee are subject to appropriations made by the General Asserribly. 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) NON-ASSIGNABILITY: 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 Comr-nission 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 1 1 (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 riot 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 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. 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. i r IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by the Grantee this day o6. 2003. Executed by the Commission this day of 2003. MISSOURI HIGHWAYS AND CITY OF JEFFERSON TRANSPORTATION COMMISSION Y Director, Multimodal Operations � Title Attest: Attest: By. Secretary to the Commission a Title Approved as to Form: �) ,q v o otmI i `ounse for the Commission My Counselor f7 jAcontractlmo\transi1\1c9.doc 5 APPLICATION FOR STATE OPERATING ASSISTANCE Applicant's Name CITY OF JEFFERSON P. O. Box Contact Person .Vom Hood Address 320_E . McCarty_ §_Lre�et County C,,,, City, State' Zip J e f (-,r s f o r1_._C i 510 7 Telephone 'i.73.)_6.33_=0A._79. FAX # Email __thgqd _jLLQ.J I y [Proos ql Level of Level of Service Proposed Project Period hily 1, 200.1 -Am 30,2004 Public Transportation Service Area Jefferson Citv Urbanized Area Total One-way Passenger Trips to be Provided 31.0 ,000 Total Vehicle Miles to be Operated Number of Vehicles in Peak revenue [Budget Information Total Transportation Operating Expanses Passenger Fares and Other Revenues 390, 4 110 0 0 Federal Operating Assistance 512 , 100 00 Local Operating Assistance _�)2 291 00 State Assistance $H.377.00' �igr ature of offif Date VRANSl Qrn�-.Wynthsisfornduc for Fiscal Ye-jr Noveml)er 1\1, Based on estimated budget thru October 31 , 2004 .