HomeMy Public PortalAboutORD13427 BILL NO. 2002-60
SPONSORED BY COUNCILMAN Weber
ORDINANCE
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT #1 TO OPERATING
ASSISTANCE GRANT AGREEMENT MO-18-X022 WITH THE MISSOURI HIGHWAY
AND TRANSPORTATION COMMISSION.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section.l.. The Mayor and City Clerk are hereby authorized and directed to execute
Amendment #1 to Grant Agreement No. MO-18-X022 with the Missouri Highway and
Transportation Commission,
Section 2. The amendment shall be substantially the same in form and content
as that amendment 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: Approved:
Llx_
re iding Officer Mayor
ATTEST: APPROVED AS TO FORM:
tity Cle'rl< City C&Iin'iselor
105 West Capitol Avenue
Missouri P.O.Box 270
Department Clty,MO 05102
Department (573) 751.2551
of Transportation Fax(573) 7511.6555
WWW,modot,s tato,mo.us
Henry Hungerbeeler, Director
September 13, 2002
Mr, Tam Flood
City of.lcfferson
320 East McCarty
Jefferson City, MO 65101
Dear Mr, Flood;
Enclosed is your copy Of the executed amendment to the agreement between your organization
and the Missouri 1-1ighways and Transportation Commission under the Section 5311 Operating
Assistance Grant Program (MO-18-X022). Please: retain this copy liar your records.
Also enclosed arc reimbursement rcqucst Forms l'or expenses incurred Im the remainder of your
fiscal year. Please discard tiny old forms you may have as the project numbers have changed to
reflect new state fiscal year funding.
If you have any clucstions, please call me tit 573-7,51-74181.
Sincerely,
Sh' Tarwat•r
Transit Operations Specialist
st
enclosures
Our misslon Is to preserve and Improve Mlssouri's transportation system to enhance safety and encourage prosperity,
j;�Pnnlod on recydod popor
MO-18-X022
AMENDMENT NO. I
WHEREAS, the Missouri Highways anti 'Transportation Commission and the City
of Jefferson (Grantee) entered into an Agreement originally dated October 31, 2001, to Fund
a public transportation project pursuant to Chapter 53 (531 1) of'1'itle 49, United States Code,
NOW '1 HEREFORE, said Agreement is hereby amended as fellows:
I. Paragraph 17, Section A, is amended to increase the Federal share
reimbursement to grantee liar operating expenditures to an amount not to
exceed $411,130.00;
2. Paragraph 17, Section 13, is amended to decrease the state share reimbursement
to grantee liar operating expenditures to an amount not to exceed $103,307.00
3. The Agreement between the parties hereto dated October 31, 2001, shall
remain in full 6orce and efiect except as amended hereby.
IN WiTNC'SS WHEREOF, the panties have entered into this agreement on the date
last written below.
Executed by Grantee this t_. (illy of.__._e'`.�!_'r 2002.
Executed by Commission this ._// clay of 2002.
MISSOURI HIGHWAYS AND CI'T'Y OF .II FFF:RSON
TRANSPORTATION COMMiSSiON �
Director, Multimodal Operations
Title �����.�_ x'k
Attest: Attest:
By �� : �1�1 J r'c •/ r = !it' r l
Secretary
Title
Approved as tc, Foran
Counsel Ordinance No. (if applicable)
Approved as ta;Fa'tn�: '
City Counseldr� '-"
M
Missouri 105 West Capitol Box 270
Department �I" Afforson CIIy,MO 85102
I' (573) 751.2661
o
Fox dots) 761.8665
f Transportation
www.modoLsfnto.mv,us
Henry Hungerbeeler, Director
September 13, 2002
Mr. Tom Hood
City of Jefferson
320 East McCarty
Jefferson City, MO 65101
Dear Mr. Hood:
Enclosed is your copy of the executed agreement between your organization and the
Missouri Highways and Transportation Commission providing for the purchase of capital
items under the Section 5311 Operating Assistance Grant Program, Grant#MO-18-
X021. Please retain this copy for your records. The vehicle has been ordered; I, will
contact you at a later date as to when you should submit your matching funds,
If you have any questions, please call me at 573-751-7481.
Sincerely,
Shirley Ta
Transit Operations Specialist
st
enclosure
our mission Is to preserve and Improve Missouri's transportation system to enhance safety and encourage prosperity.
4i Prinleo on recycled paper
CCO Form: TC5A Project No. MO-18-X021
Approved: 1/92 (KR)
Revised: 4/02 (RMH)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
NONURBANILED AREA PUBLIC TRANSPORTATION
CAPITAL 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 funds
made available to the Commission under Chapter 53 of Title 49 U.S.C. (§5311) to
defray a portion of the costs of a general public transportation project carried out by the
Grantee; and
WHEREAS, the Commission has awarded funds available pursuant to said act to
the Grantee with the understanding that such funds will be used for projects pursuant to
this Agreement for the purposes specified in Grantee's application for §5311 assistance
(Appendix A).
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, 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) Ca ip tal Costs: Such capital costs are estimated to be the amount
appearing in the Grantee's estimated capital project budget (Appendix A).
(B) The Commission will make a grant from available federal funds in
an amount not to exceed eighty percent (80%) of the capital costs in a manner
consistent with the administrative rules of the United States Department of
Transportation as contained in the Federal Transit Administration Circular 9040.1E
dated October 1, 1998.
(C) 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 general public 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 project cost.
(D) The Commission's maximum contribution to costs of the approved
project is eighty percent (80%) of actual cost or $ 138,172.00, whichever is less. Costs
in the project budget are estimates and funds not necessary to carry out the project may
be withdrawn by the Commission upon written notification to the Grantee.
(2) SCOPE OF WORK AND BUDGET: The Grantee will undertake and
complete the project specified in the approved project application and budget (Appendix
A).
(3) USE OF PROJECT FACILITIES AND EQUIPMENT: 'fhe project facilities
and equipment shall be used to provide general public mass transportation service
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, Attachment N, or OMB Circular A-110,
Attachment N, as appropriate, as now or hereafter amended in order to protect the
interest of the United States Department of Transportation. Exceptions to the
requirements of Attachment N must be specifically approved by the Commission. If
during the period, any project facilities/equipment are not used in mass transportation
service, whether by planned withdrawal or casualty loss, 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. 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.
(A) 'T'he 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. 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.
The Grantee shall also submit to the Commission at the beginning of each calendar
year, 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: The project period shall be from July 18, 2002
until the equipment is disposed of in accordance with paragraph (1).
1)
(5) ! ISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or their representative, the chief engineer.
(6) LABOR PROTECTION: The Grantee agrees to accept and abide by the
terms and conditions of §5333(b) of Chapter 53 of Title 49, U.S.C., absent a waiver by
the United States Department of Labor.
(A) The Grantee agrees that it is the exclusive party responsible under
the terms of the §5333(b) Warranty and that the State of Missouri, acting through the
Commission, assumes no obligation under the terms of the §5333(b) Warranty.
(B) The Grantee shall be solely financially responsible for the
application of the conditions of §5333(b).
(7) AUDITS. 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
business hours and as often as the Commission or the United States Department of
Transportation deems necessary at no charge to the Commission and/or it's designees
or representatives, all of the Grantee's records with respect to all matters covered by
this contract. Such representatives shall be permitted to audit under the guidelines of
OMB Circular A-128 "Audits of State and Local Governments," or OMB Circular A-133,
"Audits of Institutions of Higher Education and Other Nonprofit Institutions," examine
and make excerpts or transcripts from such records and other matters covered by this
contract. Such rights shall last for three (3) 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 (3) 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
Common Rule, 49 C.F.R. Part 18, and FTA Circular 4220,1D (Third Party Contracting
Guidelines).
(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 it in case of accident.
® If permitted by law, the Grantee may maintain a self-insurance program in lieu of
3
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: 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's 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.
(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 U.S.C. §20004 and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101 , et seq.). In addition, if the Grantee is providing services or operating programs
on behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act."
(B) Executive Order: 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 which promulgates a Code of Fair Practices in regard to nondiscrimination, is
incorporated herein by reference and made a part of this Agreement. This Executive
Order prohibits discriminatory practices by the state, the Grantee or its subcontractors
based on race, color, religion, national origin, 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 United States Department of
Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and
made part of this Agreement.
4
(D) 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 C.F.R. §21.5, including employment
practices.
(E) 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.
(F) Information and Reports: The Grantee shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant to
this Agreement, 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 United
States 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 United States Department of
Transportation as appropriate and shall set forth what efforts it has made to obtain the
information.
(G) 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 it or the United States Department of Transportation
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.
(H) 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
United States Department of Transportation. The Grantee will take such action with
respect to any subcontract or procurement as the Commission or the United States
Department of Transportation may direct as a means of enforcing such provisions,
• including sanctions for noncompliance; provided that in the event the Grantee becomes
5
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 United States Department of Transportation regulations implementing
the Rehabilitation Act of 1973, as amended, and the Arnericans with Disabilities Act of
1990, (and any subsequent amendments) set forth in 49 C.F.R. Parts 27, 37, and 38, as
well as all applicable regulations and directives issued pursuant thereto by other federal
departments or agencies.
(14) DISADVANTAGED BUSINESS ENTERPRISE: The Grantee agrees to
prepare and submit for Commission approval 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 two hundred fifty thousand dollars ($250,000) or more of financial assistance
from the United States Department of Transportation, Federal Transit Administration.
(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 from this Agreement.
(16) CHARTER SERVICE OPERATIONS:
A Charter Service Operations: The Grantee shall comply with 49
( ) _ p pY
U.S.C. 5323(d) and 39 C.F.R. 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 of 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 U.S.C.
5323(f) and 49 C.F.R. 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 CONDITIONS: Reimbursement by the Commission
is subject to the following conditions:
(A) 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.
6
(B) Requisitions requesting reimbursement for capital expenses shall
be in accordance with the approved estimated capital project budget (Appendix A).
(18) 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 representatives of the Grantee and the Commission.
(19) 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.
(20) TERMINATION: This Agreement may 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, 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
( ) Y 9
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
thereof at least forty-five (45) days in advance of such termination date.
(21) SOURCE OF COMMISSION FUNDS: 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 United States Department of
Transportation, and upon federal funds being allocated to, and approved, for the project.
(22) 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 respect to such breach or default.
7
(23) SECURITY: The Grantee agrees that upon purchases with funds
® provided under this Agreement of any equipment for which a title certificate may be
obtained or is required under the laws of the State of Missouri that the Grantee will
execute such documents as may be necessary to protect and secure a lien upon
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.
(24) PURCHASE OF VEHICLES AND/OR PROJECT EQUIPMENT: The
Commission reserves the right to procure all new vehicles on behalf of 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 or any bidder.
(25) BUY AMERICA: The Grantee agrees to abide by the provisions of the
Buy America requirements of the Chapter 53 of Title 49, U.S.C., and applicable federal
regulations (49 C.F.R. Part 661).
(26) VEHICLE DISPOSITION REQUEST TO DISPOSE OF VEHICLE(s) OR
EQUIPMENT: The Grantee 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 100,000 miles
Vans and mini buses
(straight or modified) 100,000 miles
Bus body on medium
duty chassis 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 (NADA)
Official Used Car Guide.
s
(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 one
hundred twenty-five dollars ($125). The balance must be paid to the department 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 department within ten (10) working
days.
(C) Replacement of Disposed E uq ipment: 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 the subsections of this section,
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 to the Commission within
seven (7) days of Commission's mailing written notice of termination.
(27) 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.
(28) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(29) WAGE LAWS: The Grantee and its subcontractors shall pay the
prevailing hourly rate of wages for each craft or type of workmen 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 govern this Agreement also for such work which is performed
at the jobsite, in accord with 29 C.F.R. Part 5. Thus, this Agreement is subject to the
"Contract Work Hours and Safety Standards Act", as amended (40 U.S.C. §327, of
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.
(30) 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.
(31) 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
9
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(32) 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.
(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) SECTION 5311 STATE MANAGEMENT PLAN: The Grantee agrees to
the terms and conditions of the Missouri Department of Transportation's §5311 State
Management Plan incorporated in this Agreement by reference.
(35) 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 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.
(36) DRUG AND ALCOHOL TESTING: The Grantee agrees to accept and
abide by the terms and conditions of 49 CFR Parts 653 and 654 mandating drug and
alcohol testing. 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.
(37) RESTRICTION ON LOBBYING: The Grantee agrees to abide with the
requirements of Section 1352 of Title 31 , U.S.C.
(38) 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
10
Conservation Act.
(39) 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, 1995) between Grantee and FTA, 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.
(40) 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.
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.
(41) 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.
(42) 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.
(43) 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 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
Il
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 Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Grantee to the 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, statement, 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.
(44) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)
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
4220.1D, dated April 15, 1996, 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
small 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.
(45) GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
NOS NPROCUREMENT): The Grantee agrees to comply with the requirements of the
Certification of Primacy and Lower-Tier Participants Regarding Debarment, Suspension,
and Other Ineligibility and Voluntary Exclusion as submitted with the grant application.
(46) COMPLIANCE WITH SECTION VIII OF FTA NATIONAL ITS ARCHITECTURE
POLICY ON TRANSIT PROJECTS: In compliance with Section VII of "FTA National
ITS Architecture Policy on Transit Projects" at 66 FR 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
Section V and Section VI of that notice.
12
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
last date written below.
Executed by Grantee this day of �/L'rci, --) 2002.
Executed by the Commission this �_day of_ G.... , 2002.
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
By `% BY
Title Director, Multimodal Operations Title
Attest: Attest:
B Z B
��� _�LJ - C-,�
-- — - y _
Secretary to the Commission
Title ti-r7
Approved as to Form � Q
Ordinance No.
.4j ,
Commission Counsel
Appr ed a / rm
j\contract\mo\transit\Ic5a ity COIJ S Or
13
• 1' 1
APPLICATION FOR SECTION 5311 ASSTS LANCE
PROJECT PERIOD (ii,1,01 �10,31p7�
Date:
Applicant'sName: City off.lefferson_�
Mailing Address: 320 Fast
Street Address (if different from mailing address):
City, State, Zip_ Jefferson City, MO { 1 f}? 65 ( a 1
Countv: Cole _ U.S. Contuessional District:_ 4
Missouri Senate District: 6 Missouri Representative District: 114
Contact Person: Tom Hood
P lion eNumber: 573-634-6479 Fax Number:
E-Mail AddresE. �o '� L��yrno
General description of Project: I `1
Proposed Capital Funding;: Proposed Operating; Funding:
Federal `S 5 I 1 b-0.0() Federal $ 5Z7 O 6.p0
Local S�Z cry 0. oo Local S_5 Z"7 O X6. 00
TOTAL S_A _0-0,0D TOTAL,
Authorized Official
t
CITY OF JEFFERSON
ES'T'IMATED CAPITAL BUDGET
PROJECT PERIOD: November 1 , 2001 thru October 31, 2002
ITEM # DESCRIPTION $ COST
1, r�nlarement wheelch,-Lir lift. QI.uipned snaa b- r -- �W.00
2. Two mid-size buses to replace existing school type 230,000.00
buses.
-3, pg t ic-�tiFxr-scrf -c-Frn— --3 6Af3:8 )
dispatch and record keeping computer system (four
networked computers in Transit offices).
arch "��tTrd-rrrst llaticu r,top sbelm— --property.
TOTAL PROJECT BUDGET ........................................ 439,700.00
FEDERAL @ 80% ...................................................... 351,760.00
LOCAL « 20%
......................................................... 87,90.00
r
M EXD�r
105 West Capitol Avenue o 0
Department Jefferson City,MO 65102
p (573) 751-2551
of Transportation Fax(573) 751.6555
"'W.mo dot.sta te.mo.us
Henry Hungerbeeler, Director
July 1, 2002
Mr. Toni Flood
City of Jefferson
320 East McCarty
Jefferson City, MO 65101
Dear Mr. Hood:
Enclosed are three copies of an amendment to your agreement between your organization and the
Missouri Highways and Transportation Commission under the Section 5311 Nonurban Operating
Assistance Grant Program of Title 49, United States Code (MO-1 8-X022). This amendment
decreases the amount of state fiends available to you while increasing the federal funds by the
same amount. This amendment is necessary as the state transit funding was reduced for the
fiscal year beginning July 1, 2002.
Please have the agreements signed by the appropriate officer or official and return all three
copies to me. You will receive one copy back for your files when all the signatures have been
obtained. I will also issue you new requisitions when I return the agreement.
If you have any questions, please call me at 573-751-7481.
Sincerely,
Shirk, Tarwater`�
Transit Operations Specialist
st
enclosures
Our mission Is to preserve and Improve Missouri's transportation system to enhance safety and encourage prosperity.
$'yr Printed on recycled paper