HomeMy Public PortalAboutORD13668 BILL NO, __ 20_Q3-15.Q._
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CAPITAL ASSISTANCE GRANT AGREEMENT WITH
THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PROVIDING
FUNDING FOR BUS REPLACEMENT, FACILITIES IMPROVEMENTS, AND EQUIPMENT'
(PROJECT HMO-03-0096)
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION 1 . Tyra Mayor and City Clerk are hereby AlthOrized and directed 10 OXOGL00
a Capital Assislanco Grant Agrooment with tyre Missouri Highways and Trvansportation
Commission, Project I/MO-03-0096.
SECTION 2. Thoagree.mont shall bo substantially the,, carne in form and contontas
that agroeniont attached horetons Exhibit A.
SECTION 3, This Ordinanco shall bo in full force and effect from and after tho date
of its
Passed: Approved:
1 .
Presiding Officer Mayor
ATTEST: APPn D,XS -1-0 FORM:
------------
City"C"',I e r k City Coullso'l6'r-
Missouri M DcYr t()6 West Capito tBox 770
Department Jofterson City,MO 65102
/� (573) 751-2551
of Transportation li7�
Fox dol, 741.o665
vnNw,modat3tatn InU.1l9
Honry Hungorbooler, Diroctor
hinuury 16, 2004
Mr, '1'cnn 1-1ood
City of.leffcrson
320 East McC'amy
Jefferson City. MO 05101
Dear Mr. [-food,
Enclosed is your copy of the executed tigreement providing federal funds to the City of,lefferson
under Grant MO-03-0096.
If you have any questions pleme cull me tit (573) 751-9081
Sincerely,
vlll.elt'll C51
Murk S. Anderson
Intermediiite Tran",portal ion Planner
,j pMisu
Enclosure
Our mission Is to preserve and Improve Mlssourl s transportation system to enhance safety and encourage prosperity.
CC;O Form: TC*2A
Approved: 10/92 (KR) Project No. MO-03-0096
Revised: 8101 (BDG)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
5309 CAPITAL ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission, (hereinrafter, "Commission") and the Jet'ferson City l'rransit
(hereinafter, "Grantee").
WITNESSETH:
WHEREAS, the Commission has applied to the Federal Transit Administration
for a grant of funds made available to the Commission under Chapter 53 of title ofi 11.S.C.
referred to as 5309; and
WHEREAS, the Federal Transit Administration has awarded funds available
pursuant to 5309 to the Commission with the understanding that such funds will be used
for capital project(s) pursuant to this Agreement for the purposes specified in the Grantee's
application for 5309 assistance.
NOW, THEREFORE, in consideration of these mutual covenants, promises, and
representations, the parties agree as follows:
(1) PROJECT_EQUIPMEN I: —he purpose of this Agreement is to assist the
Grantee in financing the project's expenses that are eligible for federal financial
assistance. The following conditions are applicable; to egl.ripment financed Linder this
Agreement:
(A) The Grantee agrees to observe the property management
standards set forth in ofi CFR sections 18.31, 18.32, arid 18.33, or OMB CirCUlair A-110,
Attachment N, as appropriate, as now or hereafter amended, and any gUldelines or
regulations that the United States Govemment may issue. Any exceptions to these
requirements must be specifically approved by the Commission. The Con-Irnis`.;IOn
reserves the right to require the Grantee to transfer title to any equipment financed with
federal assistance made available by this Agreement as set forth in 49 CFIR section 18.32
(g) or OMB Circular A-110, Attachment N as may be appropriate. The commission also
reserves the right to direct the disposition of equipment financed with federal assistance
funds made available under this Agreement, as set forth in 49 CI=R sections 18.31 and
18.32 or OMB Circular A-110, Attachment N as may be applicable,
(B) The Grantee agrees to maintain the project equipment in good
operating order, and in accordance with any guidance, directives, arid or regulations that
the FTA may issue. If, during the period, any project real property not used in mass
transportation service, whether- by planned withdrawal, misuse or casualty loss, the
Grantee shall immediately notify the Commission Unless otherwise approved by the
Commission, the Grantee shall remit to the Commission a proportional amount of the fair
market, if any, of the equipment whose aggregate value exceeds $5,000 which valLae shall
be determined on the basis of the ratio of the federal assistance awarded by the
Commission to the actual cost of the project. The following guidelines shall be followed in
determining the fair market value, Unless otherwise approved in writing by the
Commission, the fair market valise of MILlipment will be the value of that property at the
time immediately before the reason occurred that prompted the decision to withdraw that
property from transit use. For example, in the event of loss of or damage to the property
by casualty or fire, the fair market value of the property will be calculated immediately
before the loss or damage, irrespective of the extent of insurance coverage. In the case of
equipment, fair market value shall be biased on straight-line depreciation of the equipment,
based on the industry standard for e►se.ful life, irrespective of the reason for withdrawal of
that property from transit use.
(C) The Grantee further agrees that the project equipment shall be
used for the provision of mass transportation service within the area and in the manner set
forth in the Project Description. Should the Granter-, unreasonably delay in or refrain from
using project equipment in the manner set forth in the Project Description, the Commission
reserves the right to require the Grantee to return the entire amount of the federal
assistance expended on that equipment, The Grantee shall keep satisfactory records with
regard to the use of the equipment and submit to the Commission upon request such
information as may be required to asSure compliance with this section and shall
immediately notify the Grantee in all cases in which project real property are used in a
manner substantially different from which is set forth in the Project Description. The
Commission reserves the right to require the Grantee to restore project equipment or pay
for damage to project equipment IS a result of abuse or misuse of such property with the
Grantee's knowledge and consent. Project closeout will not alter the Grantee's property
management obligations set forth at 49 CFR sections 18.31 and 18.32 or OMB Circular A-
110, Attachment N.
(D) CapitPl Casts.: Such CNpital costs are estimated to be the arnount
appearing in the Grantee's estimated uipital project budget (Appendix A).
The Grantee will provide funds from sources other than (a) federal funds,
(b) receipts from the use of the project facilities and equipment, or (c) revenues of the
general public transportation system in Which such facilities and equipment are used, in an
amount sufficient together with thy: grant purguant to this Agreement, to pay the actual
project cost. The grant under this Agreement will not exceed 80 11/0 of the actual costs.
Maximum Commission contribution to costs of the approved project is
80% or Four hundred ninety-one thousand eight hundred thirty-Trine dollars
($491,839) whichever is less, Costs in the project budget are estimates and hinds not
necessary to carry out the project may be withdrawn by the Commission upon written
notification.
(2) ENCUMBRANCE OF PROJECT PROPERTY: the Commission will pass
title to the Grantee and will be a lien holder. 'The Grantee may not execute any transfer of
title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note,
alienation, or other obligation that in any way affects the federal interest in any project
equipment, nor may the Grantee obligate itself, in any other manner, to any third party with
respect to project equipment, unless such transfer of title, lease, lien, pledge, mortgage,
encumbrance, contract, grant anticipation note, alienation, or other obligation is expressly
authorized in writing by the Commission; nor may the Commission, by any act or omission,
adversely affect the federal interest or impair the Grantee's contint►ing control over the use:
of project equipment.
"rhe 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 it will execute such documents as may be necessrrry to
protect and secure a lien upon st..ich equipment in favor of the Commission, if so rc;gt►e steel
by the Commission. Any and all fees required to be paid to secure and maintair, s<=►icl lien
shall be paid by the Grantee.
(3) PROJECT TIME PERIOD: The project period shall be from July 1 , 200:3
until the equipment is disposed of in accordance with paragraph 1,
(4) DISPUTES: Any disputes that arise under this Agreerent shall be
decided by the Commission or their representative, the Chief Engineer.
(5) LABOR PROTECTION: The Grantee agrees to accept the terms and
conditions of 5333(b) of Chapter 53 of title 49, U.S.C. The Grantee shall be solely
financially responsible for the application of the conditions of 5333(b).
(6) AUDI'1'S,_INSPECTION_ AND RETENTION OF RECORDS: The
Commission and the United States Department of Transportation, or any of their
representatives, shall have full access to and the right to examine:, during normal bLISlrae?Ss
hours and as often as the C:ornmission or the United States Department of Transportation
deems necessary, all of the Grantee's records with respect to all matters covered by this
Agreement, Such re:preSe1'►tatIV0s shall he permitted to audit under the guidelines of OMB
Circulars A-128 "Audits Of State and Local Governments" or A-110 "Grants and
Agreements with InstitutlonS, of Higher Education, Hospitals and other Nonprofit
Organizations" examine :►nd make excerpts or transcripts from such records and other
matters covered by this contract 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 far purposes for which the federal financial
assistance is extended, or for another purpose involving the provisions of similar services
or benefits: (b) the period during which the Grantee retains ownership or possession of
such property. All documents, papers, 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.
3
(7) PROPERTY MANAGEMENT STANDARDS: The Grantee's services
rendered and reimbursable oxpenses incurred shall be those allowable under* the,
provisions of OMB Circular A-87, Federal Procurement Regulations (FRP) 1-15, and OMB
Circular A-102 which are incorporated herein by reference.
(8) 1NLSIJRANCE: The Grantee shall maintain in amount and form satisfactory
to the Commission Such insurance as will be adequate to protect it in case of accident. If
permitted by law, the Grantee may maintain a self-insurance program in lieu Of purchasing
insurance coverage. 'rhe 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,
(9) NON DISC RIM I NATIO.NASS1JRAN_CE: With regard to work Under this
Agreement, the Grantee agrees as follows:
(A) QiyLi�B.jghts-_Statt-ite-s: 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 U.S.C. 2000d and 2000e, et se('J.), as
well as any applicable titles of the Americans with Disabilities Act, In addition, if Ole
Grantee is providing services or operating programs on behalf of the Department or the
Commission, it shall comply With all -applicable provisions of Title 11 of the Americans with
Disabilities Act.
(B) Executive Order: The Grantee shall comply with all the provisions
of Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri,
on the fourteenth (14th) day of January 1994, promulgating a Code of Fair Practices in
regard to nondiscrimination, is incorporated herein by reference and made a part of this
Agreement. This ExeCLJtiV(.1 Order prohibits discriminatory practices by the state, the
Grantee or its subcontractors based on race, color, religion, national origin,n, sex, age,
disability or veteran Status.
(C) Administrative Rules: The Grantee shall comply with the
administrative rules of the United States Department of Transportation relative to
nondiscrimination in federally-assisted programs of the U S. Deparli-nent of Transportation
(49 CFR Subtitle A, Part 21) which are herein incorporated by reference and rnade part of
this Agreement.
(D) NondiscriiTiJjiqtj.o!,: 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,
(E) Solicitations for SUbcontractsjnClUding Procurements of Material
and Eguipment: These assurances concerning nondiscrimination also apply to
Subcontractors and Suppliers of the Grantee. In all solicitations either by competitive
bidding or negotiation made by the Grantee for work to be performed undo► �I Subcontract
including procurement of materials or equipment, each potential subcontractor or scrl-;plier
shall be notified by the Grantee of the requirements of this Agreement relative to
nondiscrimination on grounds of tine race, color, religion, creed, sex, disability or national
origin, age or ancostry of any individual,
(F) Information and Reports: The Grantee shall provide all information
y this greement, or orders and instructions issued pursuant
and reports required b
thereto, and will perrnit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Cornrnission or the U. S.
Department of Transportation 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 U. S. Department of Transportation as
appropriate and shall :yet forth what efforts it has made to obtain the information.
(G) Sanctions for Noncompliance: In the event the Granter; fails to
comply with the nondiscrirYlination provisions of this Ac}reement, the Commission shall
impose such contract sanctions as it or the U. S. Department of Transportation may
determine to be appropriate., including but not limited to:
1 . Withholding of payments to Grantee under the Agreement
until the Grantee complies; and/or
2. Cancellation, termination or ;LJSpensi0n of the Agreement, in
whole or in part, or both.
(H) Incorporation of Provisions: The Grantee shall include the
provisions of paragraph 9 of this Agreement in every subcontract, including procurernents
of materials and leases of cIquipment, unless exempted by the statutes, executiVe order,
administrative rules or instructions issued by the Commission or the U. S. Department of
Transportation. The Grantee will take :such action with respect to any subcontract or
procurement as the Commission or the U. S. Department of Transportation 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.
(10) SECTlQN_..__5()4.._._ASS URANCI S_ AND T_HE _ AMERICANS _WITM
DISABILITIES AC,r OF _1_990: The Grantee: shall comply with all the requirements
imposed by section Rehabilitation Act of 1973 (29 U.S.C. 790 et seq) and the
administrative rules of the U. S. Derxartrnenl of l-ransportratron (49 CFR Subtitle A, Part
27). The Grantee shall comply with all requirements set forth in the Americans with
Disabilities Act of 1990 (49 CFR Parts 27, 37 and 38 as well as all applicable regulations
and directives issued pursuant thereto by other federal departments or agencies).
(11) DISADVANTAGED BUSINESS ENTERPRISE The Grantee agrees to
JW prepare and submit for the Commission approval of a Disadvantaged Business Enterprise
plan as defined in 49 C.F.R. Part 26 dated February 2, 1999, if the Grantee receives a
total of $250,000 or more of financial assistance from the U. S. Department of
Transportation, Federal Transit Administration.
(12) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No
member of or delegate to the Congress of the United States shall be adn*iitted to any share
or part of this Agreement or third party contract or to any benefit arising therefrom.
(13) BE.tMBURSEMENT: Progress payments, based upon actual allowable
costs, for not less than one (1) month may be made upon receipt of an itemized invoice
from the Grantee. 'The itemized invoice shall be reviewed by the Commission pilot to
payment. 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.
(A) Reimbursement by the Commission is subject to the following
conditions:
1 . Financial summaries Submitted to the Commission Must
include a certification that costs have been incurred in the performance of the Agreement
and a record of the actual costs,
2. Reimbursement will be made by the Commission on all
incremental basis. Reimbursement is subject to approval by the Commission. Requisition
forms shall be provided by the Commission.
3. Requisitions requesting reirnbUrsetrient for capital expenses
shall be in accordance with the approved estimated capital project budget (Appendix A).
4. The Grantee shall not be reimbursed for any expenses
incurred prior to the project period. Post audit activities will he conducted by the
Commission.
(14) AMENDMENTS: Any changr,: in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract ainendment signed and
approved by the duly authorized representatives of the Grantee and the Comn-►ission.
(15) TERMINATION: This Agreement niay be, terminated upon any of the
following conditions:
(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, 01 stipulations contained herein, the Commission shall have
the right to terminate this Agreement if such default or violation is not corrected within
0
twenty (20) clays aftc?r written notice is sent to the Grantee describing such default or
violation.
(E3) 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
thereof at least forty-five (45) days in advance of such termination date.
1. The Commission may terminate this Agreement without
recourse in the event that, for any reason, federal funds are riot 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 recipient
at least five (5) days prior to the effective date of termination.
(16) SOURCE OF COMMISSION F NDS: The obligation of the Commission
for financial assistance in the project is contingent upon this Agreement being approved by
the Federal Transit Administration and the U, S. Department of Transportation, and upon
federal funds being allocated to, and approved, for the project.
(17) SECURITY: The Grantee agrees that capon purchase with funds provided
under this Agreement of any vehicle(s) for which a title certificate may be obtained or is
required under the laws of Missouri that it will execute such documents as may be
necessary to protect and secure a lien upon such equipment in favor of the Commission,
is 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.
(18) BUY AMERICA: The Grantee agrees to abide by the provision of the Buy
America requirements of 49 CFR Part 661.
(19) REPLACEMENT OF VEHICLE AND DISPOSITION GUIDELINES: The
Grantee is required to submit a written request for an inspection of the vehicle(s) or
equipment they wish to dispose of, 10 he conducted by the Commission. This inspection
will determine if the useful life of the vehicle(s) or equipment has been reached and before
the Commission would consider replacement. Standards for vehicle useful life are listed
below:
Straight or modified vans 100,000 miles
Bus Body on Medium Duty Chrassis 200.000 miles
City transit buses (30 ft or more) 350,000 miles
DISPOSITION PROCEDU- E: if the Cornmission determines that the fair market
value may be less than $5,000 the following strife procedures apply. A Grantee
may dispose of a vehicle: in either of two ways:
(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 avorage
of three competent appraisals.
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(2) A vehicle may be sold by the Grantee to itself. In this case the
implicit price to be paid by the recipient will be the average wholesale value of the
vehicle as specified in the most recent National Automobile Dealers Association
(NADA) Official Used Car Guide.
DIVISION OF DISPOSITION PROCEEDS: If a vehicle is sold outright to a third
party, the Grantee may retain 2�0%p of the, proceeds plus $225. The balance must
be paid to the COMmission within 10 working days.
(20) RESTRICTION ON LOBBYING: The Grantee agrees to abide with the
requirements of section 1352 of Title 31 , U.S.C.
(21) LACK OF WAIVER: In no event shall the making of the Grantee of any
payment of grant funds to the Grantee constitute or be construed as a waiver by the
Grantee 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
Grantee with the respect to such breach or default.
(22) PURCHASE OF PROJECT EQUIPMENT : The Commission reserves the
right to procure all vehicles on behalf of the Grantee unless waived.
(23) ASSIGNMENT OF CAPITAL EQUIPMENT: Appendix B 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 B to the Commission. The Commission will
assist the Grantee in recovering 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 can riot be reassigned to another county unless the
Commission concurs. The Commission will be the first lien holder on all capital equipment
unless waived.
(24) COMMISSION REPRESENTATIVE: 1-he 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.
(25) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(26) 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, MiSSaUl'l,
(21') QONFIDENTIALITY: 'The Grantee shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
AML statute, ordinance, or order of court, or as authorized by the Commission. The Grantee
Ipshall notify the Commission immediately of any request for such information.
(28) jQNSOLICITATION: 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 riot 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.
(29) t..AW OF MISSOURI TO GOVERN: The 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 the Agreement,
(30) ALCOHOL AND DRUG TESTING RULES: Grantee agrees to comply
with 49 CFR Parts 40, 655 which were published in the Federal Register on August 9,
2001 , and all amendments to these applicable federal regulations.
(31) CHARTER AND SCHOOL BUS PROVISIONS:
(A) Charter Service Oeerations: The Grantee shall comply with 49
U.S.C. 5323(d) and 39 C.F.R. Part 604, which provides that recipients and subrecipients
of F*FA 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 of 49 CFR 604.9. Any chaster
service provided under one of the exceptions rnUst be "incidental," i.e., it must not interfere
with or detract from the provision of mass transportation,
(t3) School taus Operations: The Grantee shall comply with 49 U.S C.
5323(f) and 49 C.F.R. Part 605, which provides that recipients and subrecipients of FTA
assistance shall 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.
(32) ENERGY CONSERVATION: The Grantee agrees to comply with
mandatory standards and policies relating to energy efficiency which ars- contained in the
state energy conservation plan issued in cornpiiance with the Energy Policy and
Conservation Act.
(33) FEDERAL CHANGES: The Grantee shall at all times comply with all
applicable FTA regulations, polices, procedures and directives, including without limitation
those listed directly or by reference in the Agreement (Form FTA MA (2) dated October,
1 995) between Grantee and FTA, as they may be amended or promulgated from time to
time during the terra of this Agreement. The Grantee's failure to comply shall constitute a
material breach of this Agreement.
(34) CLEAN AIR: The Grantee agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Sect.
7401 et. seq. The Grantee shall ensure that its contractor will report each violation to the
Grantee. The Grantee will, in turn, report each violation as required to assure notification
to FTA and the appropriate 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 FTA.
(35) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee
acknowledges and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent
the express written consent by the Federal Government, the Federal Government 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.
(36) 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 U.S.C. 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 turn,
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 Regional Office.
(37) 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 1936, as amended, 31 U.S.C. § § 3801 et seq. and U.S.
DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. 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 (nay be
applicable, the Grantee further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent clairn, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
I cr
Remedies Act of 1985 on the Grantee to tl,e extent the Federal Government deems
appropriate.
(B) The Grantee also acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, staternent, submission, or certification to the
Federal Government 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 U.S.C.
§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
and 49 U.S.C. 5307 (n)(1) on the Grantee, to the extent the Federal Government 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 contractor
subcontractor who will be subject to the provisions.
(38) 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 U.S.C. § 552a. Among other things, the Grantee agrees to obtain
the express consent of the Federal Government before the Grantee or its employees
operate a system of records on behalf of the Federal Government. 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) 'rhe Grantee also agrees to include these requirements in each of
its contracts to administer any system of records on behalf of the Federal Government
financed in whole or in part with Federal assistance provided by FTA,
(39) 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 that before the suggested clauses are used in the Grantee's procurement
documents, the Grantee should consult with their local attorney,
(40) INCORPORATION_OF FEDERAL TRANSIT ADMINISTRATION—jFT&).
TERMS: The preceding provisions include, in part, certain Standard Terms and
Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1E, dated June 19, 2003, 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 arty requests which
would cause the Grantee to be in violation of the FTA terms and conditions.
I
(41) GOVERNMENT-WIDE DEBARMENT _ AND SUSPENSION
(NONPROCUREMENTT): The Grantee agrees to comply with the requirements of the
Certification of Primary and Lower'Tier Participants Regarding Debarment, Suspension,
And Other Ineligibility and Voluntary Exclusion as submitted with the grant application,
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below,
Executed by Grantee this {_ day of ' _r < , 2QL/ 1.
I
Executed by the Commission this _ / } day of ) + ti�,- <� � , 20
MISSOURI HIGHWAYS AND GRANTEE
E
TRANSPORTATION COMMISSION _ M
By
Title Director, Multimodal Operations Title _��! J
Attest: Attest:
/ ____�1:�G.�.�L✓r/ �iGIG•' t/l .GL''I B� - '✓ 1. ' ! ;tai. ` �.
Secretary to the Commission
Title (. r� l`
A p ) ved as to f F=orm:
onrn sion Counsel
12
APPENDIX A
ESTIMATED CAPITAL PIZOJ C•I' I3UDGE.T
for
Jefrcrsnn City Transit
370 F". McCarty
,Icrlcrson City, MO 65101
Grant No,
MO-03-0096
PI.OPa5ed FundilIg
.�.�. ^activity Fc�deral � Loctll__�_._ -- �f'otal
_ 80% _ 200 o 100%
Capital Purchase 401 ,839 _ 22,960 $614,799_ - -
Vehicles