HomeMy Public PortalAboutORD13438 BILL NO. 2002-70
SPONSORED BY COUNCILMAN Weber
ORDINANCE NO. 521 3 ,e
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SECTION 5311 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 Section 5311 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: �'�j' " �h�'� Approved:
�07� _ / L
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Q rk City Courise or
13Lf 3 ?�
Missouri 105 West Capitol Avenue
Missouri P.O. Box 270
Department �� Jofforson City,MO 65102
(573) 751-2551
of Transportation Fox(573) 751-6555
www.modot.state,mo.us
Henry Hungerbeeler, Director
October 4, 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 under the Section 5311 Operating
Assistance Grant Program (MO-18-X023). Please retain this copy for your records.
Also enclosed are reimbursement request forms for expenses incurred for this fiscal
O year. After you have submitted the requisition for October, 2002, please discard any old
forms you may have as the project numbers change with each grant cycle.
If you have any questions, please call me at 573-751-7481.
Sincerely,
Shirley Tarwwa[eT --
Transit Operations Specialist
st
enclosures
Our mission is to preserve and Improve Missouri's transportation system to enhance safoty and encourage prosperity.
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CCO FORM: TC5
Approved: 1/92 (KR) Project No.(MO-18-X023
® Revised: 4/02 (RMH)
Modified:
MISSOURI HIGHWAY'S AND TRANSPORTATION COMMISSION
NONURBANIZED AREA PUBLIC TRANSPORTATION
OPERATING 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 (5311) of Title 49, United States
Code, herein referred to as 5311 to defray a portion of the costs of a general public
transportation project carried out by the Grantee; and
WHEREAS, pursuant to H.B. 1004 of the 88th General Assembly, 2nd Regular
Session, additional funds are available for programs to support public transit systems,
and the Commission is authorized by law to reimburse these public transit systems with
these public funds; 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 the Grantee's application for 5311
assistance.. (Appendix A)
NOW, THEREFORE, in consideration of these mutual covenants, promises, and
representations 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) Net Operating Cost: Net operating cost is the total cost of
operation less revenues received from the service provided. Such net operating cost is
estimated to be the amount determined from the Grantee's projected operating budget
(Appendix B).
(B) The Commission will make a grant from available federal funds in
the amount not to exceed 50% of the net operating cost in a manner consistent with the
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@administrative rules of the United States Department of Transportation as contained in
the. Federal Transit Administration Circular 9040.1E dated October 1, 1998, and any
other regulations pursuant to the Federal Transit Act, as amended (49 U.S.C. 1614).
(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 operating cost. The operating portion of
the grant under this Agreement will not exceed 50% of the actual operating cost.
(2) SCOPE OF WORK AND BUDGET: The Grantee will undertake and
complete the project specified in the approved project application and budget
(Appendixes A and B).
(3) USE OF PROJECT FACILITIES AND EQUIPMENT:
(A) The 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).
(B) 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.
(C) Exceptions to the requirements of Attachment N must be
specifically approved by the Commission.
(D) 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.
(E) Fair market value shall be deemed to be the value of the property
as determined by competent appraisal at the tirne of such withdrawal from use or
misuse, or the net proceeds from public sale, whichever is approved by the
Commission.
(F) 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.
(G) The Grantee shall keep satisfactory records with regard to the use
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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.
(H) The Grantee shall maintain ii amount and form satisfactory to the
Commission such insurance as will be adequate to protect project facilities/equipment
throughout the period of required use.
(1) The Grantee shall also submit to the Commission at the beginning
of each calendar year during such period, 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 November 1,
2002 to October 31, 2003.
(5) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative the chief engineer.
(6) LABOR PROTECTION:
(A) The Grantee agrees to accept and abide by the terms and
conditions of Chapter 53 [(5333(b)) of Title 49, United States Code, as amended, absent
a waiver by the United States Department of Labor.
(B) The Grantee agrees that it is the exclusive party responsible under
the terms of the special 5333(b) warranty and that the State of Missouri, acting through
the Commission, assumes no obligation under the terms of the special 5333(b)
warranty.
(C) 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 (DOT), 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 its 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 years beyond the longer of the following
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periods: (a) the period during which any property acquired with funds provided pursuant
to this contract 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 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 CFR Part 18, and FTA Circular 4220.11D (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
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 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
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Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), as
well as any applicable titles of the Americans with Disabilities Act. 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 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 CFR Subtitle A, Part 21) which are herein incorporated by reference
and made part of this Agreement.
(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 CFR Subtitle A, Part 21, Section 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
thereto, 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
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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
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 Americans with Disabilities Act of
1990 (and any subsequent amendments thereto) set forth in 49 CFR 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. Parts 23 and 26 dated February 2, 1999, if the Grantee
receives a total of $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 therefrom.
(16) CHARTER AND SCHOOL BUS PROVISIONS:
(A) Charter Service Operations: The Grantee shall comply with 49
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U.S.C. 5323(d) and 39 C.F.R. Part 604, which provides that recipients and
subreciplents 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 riot 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 facillties.
(17) REIMBURSEMENT:
(A) Net Operating Cost: The Commission, using funds made available
from the grant made to it by the United States Department of Transportation, shall
reimburse the Grantee for 50% of the net operating cost described in paragraph (1)(a)
of this Agreement; provided, however, in no event shall the total amount reimbursed by
then Commission for net operating cost exceed the maximum federal share of
$1,162,848.00,
(B) State Funds Reimbursed to the Grantee Pursuant to H.B. 1004: The
Ca►llnlisslon, using funds made available from I-I.B. 1004, shall reimburse the Grantee
for $92,924.00, Reirnbursement made pursuant to H.B. 1004 shall be provided to the
Grantee c7►aly for transportation services provided by the Grantee from November 1,
2002 to October 31, 2003.
(18) F?nYMf=.N1;: Progross payments, based upon actual allowable costs, for
scat bass thi:ua one (1) month may bo made upon receipt of an itemized invoice from the
Grantoo. Tho ilornizod invoice shall be reviewed by the Commission prior to payment.
(19) f f_lMBLJRSE*MFNT_CONDITIONS: Reimbursement by the Commission
Is subjocl to the following (.onclitions:
(A) l"unds m ado: availahlc, to the Commission and Grantee are subject to
appropriations rnrado by tho General Assembly. The maximum Commission payment
on any ►raonlhly or cla.rs:arlotly request and in the aggregate, when added to federal
operating tassisti-anal funds aw:ailablc, and applied to the same operating period, shall not
cause the !eels! of StiatO rand foe evil operating assistance to exceed the amount of
oporaating rass,istranco, for which Grantee would have qualified in federal funds had
additional focloreal fan ds born av,01ohlo.
(B) FinmiciKal sa. ininahos submilte:d to the Commission must include a
7
certification that costs have been incurred in the performance of the contract and a
record of the actual costs.
(C) 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,
(D) Requisitions requesting reimbursement for operating expenses shall
be in accordance with the approved project operating budget (Appendix B).
(E) Requisitions requesting reimbursement for capital expenses shall be
in accordance with the approved estimated capital project budget (Appendix B).
(F) The Grantee shall not be reimbursed for any expenses incurred prior
to or after the project period. Post audit activities will be conducted by the Commission.
(20) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accorrrplished by a formal contract amendment signed and
approved by the duly authorized representative of the Grantee and the Commission.
(21) SUBCONTRACTS: None of the project activities described in Appendixes
A or B 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,
(22) TERMINATION: This Agreement may be terminated upon any of the
following conditions:
(A) If, for any cruse, 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
the event that, for any reason, federal funds are not appropriated, allotted, or available
to the Commission for the purpose of meeting the Corm-nission'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 q)(,,,c,ifying the effective date
thereof at least forty-five (45) days in advance; of such tern-iination date.
_ p .
(23) STATEMENT OF REVENUE AND EXPENDITURES: The Grantee
agrees that a statement of revenue and expenditures, based on actual figures, will be
submitted with each invoice in a format approved by the Commission upon completion
of the project. The Grantee shall provide the Commission with a final invoice indicating
the detailed costs, revenues and actual operating loss, when applicable, to the 5311
grant. Upon receipt of the final invoice, an audit will be performed by the Commission.
(24) 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.
(25) 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 the respect to such breach or default.
(26) SECURITY: The 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 the Grantee will execute such documents as
may be necessary to protect and secure a lien upon such equipment in favor of the
Commission. Any and all fees required to be paid to secure and maintain said lien shall
be paid by the Grantee.
(27) CONTRACTS FOR PROVIDERS OF _ TRANSIT SERVICE_: The
Commission reserves the right to review and concur in the Grantee's specifications and
advertisements for transit and professional services contracts prior to submission to
prospective bidders. The Commission will concur in award of bid by the Grantee prior
to the execution of this Agreement between the Grantee or any bidder.
(28) BUY AMERICA: The Grantee agrees to abide by the provision of the Buy
America requirements of the 49 CFR Part 661.
(29) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
(30) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(31) 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.
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(32) 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
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(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) 5311 STATE MANAGEMENT PLAN: The Grantee agrees to the terms
and conditions of the Missouri Highway and Transportation Department's 5311 State
Management Plan incorporated herein by reference.
(35) 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.
(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
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.
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(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.
(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.
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.
(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 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
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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) PRIVACY ACT:
(1) 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.
® (2) The 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.
(45) 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.
(46) 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
shall 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.
(47) GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
- 12-
(NONPROCUREMENT): 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.
(48) 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
last date written below.
Executed by Grantee this day of_ •�'.-�. ':' , 2002.
Executed by the Commission this _ -;?o_ day of �_ 12002.
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
By
Title Director,_Multimodal Operations Title ;Aja
Attest: ff rte/ Attest:
By: -1 _
Secretary to the Commission
Title:
Approved as to Form: Ordinance No.:
Commission Counsel (if applicable)
Apprgved Foorrp
City Cou iselor
JAtarwas1531lgr231gr 23 merge contract
- 13 -
APPLICATION FOR SECTION 5311 ASSISTANCE
PROJECT PERIOD
Date: A UCJUS C 1 ZG p Z
Apalicant'sName: City of Jefferson _ }
Mailing Address: 320 East McCarty
Street Address (if different from mailing address):
City, State, Zip Jefferson City, MO 65101
County: Cole U.S. Congressional District:_ 4
Missouri Senate District: 6 Missouri Representative District: 114
Contact Person: Torn Hood
PhoneNumber: 573-634-6479 Fax Number:
E-Mail Address: 4 )00 d @' J C-', rY,o.Or-�
General description of Project: sec-
Proposed Capital Funding: Proposed Operating Funding:
Federal S_. Z% Z6 Federal S �3L,4`l5-
Local S t 1 . -77-0 Local S 3h �5
TOTAL S 4 t ,o0o TOTAL SJ Z�5
Authorized Official
APPLICATION 1
APPLICATION FOR SECTION 531. 1. ASSISTANCE
PROJECT PERIOD: (November 1, 2002 thru October 31., 2003 )
DATE: August 1, 2002
APPLICANTS NAME: City of ,Ieffersoti COWI'ACT PfiRSON: Tom hood
STREET ADDRESS: 320 E. 1`IcCarty Street 1'.O, I30 X: +
CITY, STATE, "LIP: Jefferson City, MO 65 10 1 PHONE NUMBfiR: (573) 634-6479
'.'10UNTY: Cole
General Description of Project:
The Jefferson City Transit System, "JEFFTRAN" provides general public
transportation within the City Limits of Jefferson City. 1-he Transit System operates
Monday through Friday, 6:45 a.m. to 5:30 p.m., providing fixed route, tripper
route, park and ride, shuttle and curb-to-curb dial-a-ride paratransit,
transportation services. Transit System buses will travel approximately 420,000
miles and provide approximately 320,000 unlinked trips this fiscal ,year.
The administration of the system is provided through the City's Department of
Transportation with assistance from the City's Finance Department, with overall
roject management done by the Transit Division Director. The Director of
Transportation acts as the chief administrator of the Transit Division. The Finance
Department assists with bookkeeping, purchasing and payroll. Additional
assistance is provided by City Administration (Hurnan resources, Administrator,
Law Office).
The City works with several local service agencies to help provide
transportation. The local sheltered workshop (Capital Projects) relies on our
system to provide transportation for their employees to two workshop facilities.
We also have agreements with the Department of Social Services to provide
non emergency medical and medicaid waiver transportation to eligible
individuals. This allows the City to provide free transportation to individuals who
can least afford to pay a fare.
The City also proposes to subsidize (if necessary) the inter-city bus route
between Springfield, Missouri and Columbia, Missouri. The current provider,
Missouri Transit Lines, Inc., has requested financial help to, if necessary, defer
losses. The City is currently providing rent free terminal space to Missouri Transit
Lines worth an estimated annual value of $12,000. The City proposes to use
the value of the terminal lease as it's local match for $12.000.00 in Section 18 1
grant funding. Missouri Transit Lines estimates that operating loss for the period
�ovember 1 , 2002 through October 31 , 2003 will exceed $24,000.
PAGE I OF 2
CITY OF JEFFERSON, DEPARTMENT OF TRANSPORTA TION, TRANSIT DIVISION
PROJECTED OPERATING BUDGET
I&AI :
f:
501.00 A SALARIES
501.01 A ADMINISTRATIVE SALA R 1 $79,257.00
502.00 A FRINGE BENEFITS
502.01 A ------ $5,515.00
502.01 A FRINGE BENEFITS-ALL $19,655.00
503.00 A SERVICES
503.02 A PROFESSIONAL SERVICES FEES____ $2,400.00
503.04 A ALL OTHER FEES
503.04.01 ADMIN. EXPENSES(CITYADMIN.,FINANCE & AUDI-O-- $100,890-00
503.04.02 TELEPHONE___________.__.___..__._____.________ $15,500.00
503.04.03 BLDG. SECURITY MONITORING------ $800-00
503.04.04 TRASH PICK $600-00
503.04.05 UNIFORM CLEANING-.---- $6,000.00
504.00 A MATERIALS AND SUPPLIES
504.01 A OFFICE SUPPLIES- $2,000.00
504.02 A OTHER MATERIALS AND SUPPLIES
504.02.01 OPERATIONAL SUPPLIES_ $6,300-00
504-02.02 BUILDING AND GROUNDS-__ $6,000.00
504.02.03 CLOT 111 $8,500.00
5.00 A UTILITIES
505.01 A TRANSIT FACILITY
505.01.01 LIGHTS AND HEAT-,------- $12,300.00
505.01.02 WATER AND SEWER--.-.---- $300-00
509.00 A MISCELLANEOUS EXPENSES
509.01 A DUES AND SUBSCRIPTIONS---- $1,000.00
509.02 A TRAVEL AND MEETINGS-----,-------.--- $2,520.00
509.03 A ADVERTISING AND PROMOTION---•.--------------.-.--- $7,200.00
509.04 A OTHER EXPENSES
509.04.01 TRAINING AND EDUCATION--.-.---- $2,360-00
509.04.02 $300.00
509.04.03 PRINTING-_--_-_--- $4,600-00
509.04.04 $2,000.00
TOTAL ADMINISTRATIVE EXPENSES- $275,997.00
ME� M
501.00 0 SALARIES
501.01 0 DRIVERS SALARIES-.-.-- $543,080.00
501.02 0 OPERATIONS ASSISTANT SALARIES_ $30,659-00
501.040 OTHER SALARIES,OPERATIONS SUPERVISOR $36,344.00
502.00 0 FRINGE BENEFIT
502.01 0 $46,793.00
502.020 FRINGE BENEFITS-ALL OTHERS- $206,437,00
503.00 0 SERVICES
503.01 0 C.M. LABOR CHARGE BACK----- $97,000,00
.00 0 MATERIALS AND SUPPLIES
504.01 0 ------ $49,750.00
504.020 $9,500.00
504.030 TIRES AND TUBES-_ $9,996.00
504.040 INVENTORY PURCHASES,PARTS C.M. $93,004.00
504.050 MISC. MATERIALS AND SUPPLIES $11,000.00
PAGE 2 OF 2
i CITY OF JEFFERSON, DEPARTMENT OF TRANSPORTATION, TRANSIT DIVISION
PROJECTED OPERATING BUDGET
aS �F CS:d., �[lR� �ll i
' 4xaav.arw:a,;�a`awrra�i„w.oira t
J
506.00 0 INSURANCE
506.01 0 LIABILITY
506.01.01 AUTO LIABILITY_ $12,780.00
506.01.02 GENERAL LIABILITY_ __ _— $8,236.00
506.020 OTHER INSURANCE
506.02.01 PROPERTY INSURANCE__ _. _ $7,384.00
507.00 0 TAXES
507.020 FUEL STATE TAX $12,750.00
TOTAL OPERATING EXPENSES_ _
-----------.— $1,174,713.00
TOTAL EXPENSES,OPERATING AND ADMINISTRATIVE__ $1,450,710.00
530.00 0 INELIGIBLE EXPENSES
530.01 0 CHARTER EXPENSES _ $4,000.00
ELIGIBLE OPERATING EXPENSES _ _ _ $1,446,710.00
540.00 R PASSENGER REVENUE
540.01 R FARE BOX $52,000.00
540.02 R DEMAND RESPONSE__ _ — $18,920.00
® 540.03 R SCHOOL PASSES_---____—_.__._.________--___ $10,000.00
540.04 R SPECIAL _ _ _ $87,000.00
540.05 R GOLDEN PASS_—__,_-____` —_�— $2,000.00
540.06 R EMPLOYER PASS__— $240.00
540.07 R REDUCED FARE PASS__ _ $2,000.00
541.00 R MISCELLANEOUS REVENUE
541.01 R VEHICLE WASH REIMBURSEMENT___-- $1,600.00
541.02 R INSURANCE CLAIM REFUNDS__ _,_.541.03R MISCELLANEOUS___—__
TOTAL FARE BOX AND OTHER REVENUES APPLIED AGAINST
ELIGIBLE EXPENSES NOT INCLUDED IN LOCAL SHARE $173,760.00
NET PROJECT COST_ $1,272,950.00
LOCAL. MATCH: CITY OF JEFFERSON _ --- $453,395.00
LOCAL MATCH:MEDICAID WAIVER_ _ J $139,320.00
LOCAL MATCH:NON EMERGENCY MEDICAL_. _ N $13,760.00
LOCAL MATCH: COLE COUNTY SPECIAL SERVICES $30,000.00
SECTION 18 FUNDS__ _ �. _ $636,475.00
PREPARED BY
THOMAS E. HOOD '-') " ' - DATE n f d Z-
TRANSIT DIVISION DIRECTOR