HomeMy Public PortalAboutORD13472 BILL NO._ 2002-102 _
SPONSORED BY COUNCILMAN Weber
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERKTO EXECUTE AN AGREEMENT WITH MISSOURI TRANSIT
LINES, INC. FOR INTER-CITY BUS ROUTE AND A LEASE OF CITY BUS TERMINAL.
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
an agreement with Missouri Transit Lines, Inc. for Inter-City Bus Route and to execute
a lease of City Bus Terminal.
Section 2. The agreement for Inter-City Bus Route shall be substantially the
same in form and content as that agreement attached hereto as Exhibit A. The lease shall
be substantially the same in form and content as the lease attached hereto as Exhibit B.
Section 3, This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: %414:�Lo 4 Approved:_
nwv' •
residing Officer Wayor
ATTEST: APPROVED AS TO FORM:
�. / •� 1, • ,
City Clerk City Counselor
•
RURAL TRANSIT ASSISTANCE PROGRAM AGREEMENT
THIS AGREL:MENT is entered into by the City of.Jefferson, Missouri (hcrcinaltcr "City" ) and
Missouri Transit Lines, inc. (hercinaltcr"Company").
W ITN ESS ETFI:
WHEREAS, the City has applied to the Missouri 1-fighway and 'T'ransportation Commission (hercinafler
"Commission") fbr grant of funds made available to Commission under Section 5311 Operating Assistance
Grant Program as amended, and the Commission has awarded fiends available pursuant to said Act to the
City's application flor Section 5311 assistance.
WFIE-Ri AS,Company has indicated a willingness to operate an illtel•-city pus service on a route ii•onl
Columbia to Springfield; and
WHEREAS, the City is desirous ofmaintaining bus scrvicc 1101-its citizens and file sw•rounding area
and believes that such service is vital to continued ccononlic viability of'the City and important to growth
flactors.
NOW THEREFORE.., in consideration of tllc mutual covenants, promises, and representative herein,
the parties hereto agree as hollows:
1. Purpose and Soul-cc of Fund: The purpose of this agreement is to assist the Company
in financing operating losses which are eligible filr financial assistance.
2 Scope of Work and 13ud pct: The Company will ovi - service
. 1 S� I any provide inter city bus
between Springfield, Missouri and C011illlbia. MiSS011I-i. 'rile schedule will consist of at least one bus in the
morning and one bus in the evening stopping at cities along the route including the City of Jefferson. it is
anticipated 1 1,000 annual one-way trips will he provided during the proiccl pc►•iod. In return I'ol•such inter-
city services, the City will lease (by separate agreement) the Jefferson City l3us Station to the Colllpally and
the rent will be waived ($1,000.00 pct•month)and used as soil match to the Section 5311 grant lilr the project
period.
3. Audit of Records: The City will notify the Company if an audit will be reduired. The
Company must ►llaintaill all records relating to this contract, including but not limited to invoices, payrolls,
etc. 'rhese records must be available at no charge at all reasonable times to the City andlol• its designees
during the contract period and any extension thereof, incf fin•three (3) years front the date of linal payment.
4. Project Time Period: The prof ect period shall be from November 1, 2002 to October
31, 2003.
5. Loss Reinlbllrselllcllt: The City shall reimburse Company oil a monthly basis for 50% of any
actual cash losses up to the annual rent aniount ($12,000.00) of the Jefferson City Bus Station incurred in
providing inter-city bus service as set out hCl-Cill subject to the terltls and conditions of this contract. The
Company shall present monthly cash flow reports during the project period oil a form to be prescribed by City
which clearly states any rcducsls tit►• loss rci Ill burscme►lt. Any request fi>r payment will only be considered
if it represents an actual out ol'pocket cash loss to the Company, exclusive of'deprcciation amounts and other
non-cash items.
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6. Amendments: Any change in the agreement,whether by ill odi it icatioil and/or supplementation,
mast be accomplished by a formal amendment signed and approved by the duly authorized representatives
of the Company and the City,
7. indemnification: The Company shall be responsible ibr any and all injury or damages as a
result orally services and/or goods rcndercd undC►•the terns ;.old conditions of'tile agreement. In addition to
the liability imposed upon the Company Oil the aCC011nt 01'11Cl•Sonal injury, bodily injury(including death)or
property damaged suffered as a result of the Company's pCrfornlance under the Agrecillent, the Company
assumes the obligation to save the City, including its agents, employees and assigns. I1,11•1111css and to
in(IC111 11lfy the City, including it's agents, employees and assigns from every expense, liability or pay111c11t
arising out Ol'SUrh llCgllgCllt act. `]'Ile Colllpany also agrees to hold the City including, its agcllts, employees
and assigns, harmless from any negligent let or omission committed by any subcontractor other than the
person employed by or under the supervision of the Company for the terns of'the agreement.
8. Cancellation: The City may cancel the contract at ally tinge for a material breach of
contractual obligations by providing the Company with a written notice 0I'Sllch cancel latx)11. Should the City
exercise its right to cancel the contract l01- such reasons, cancellation will become eflcctive upon the date
spccilied in the notice ofcancellation sent to the Company.
9.
Disputes: Any dispute of facts regarding the C'onlpam/'s CcIrrying out of the project,
or the City's financial participation, which Might arise as a result of this agreement shall be (Iccided by the
City.
10. Nondiscrimination Assurance: Regarding wort: under this agreement, the
Company agrees as follows:
A. Civil Rights Statuleti: The Company shall conlpf} With all state and le((cral statutes
relating to nondiscrimination, inchlding but not linlited 1O Title VI an(l TitIC V11 ol'thc
Civil Rights Act of 1964, as amended (42 U.S.C. 2000 d,c).
13. State Nondiscrimination Clause: The Colllpany shall comply with the provisions of
f?xeeutivc Or(Icr No.R2-27. 'flits ol•(Icr prohibits(liscl-iii-iirlatol•y cnlplo�nl-tellt practices
by C'onlpany or its subcontractors based on race,color, religion,creed,national origin,
ancestry, sex, or veteran or handicap status.
Administrative_Rulcs: The Company shall cr)nlply with the a(IlllinistrativC rules of
the 11.S. Department of Transportation relative tO 11011dlscri ill ination in fcderally-
assisted programsofthc U.S. Department of-transportation(49 C.F.R. Subtitle A, Part
2 1) which are hercin incorporated by relerence and made a part of this contract.
D. Nondiscrimination: The Company shall not discriminate on grounds of race, color,
religion, creed, sex, Rational Origin, or ancestry ol'any individual in lhC Selection and
retention of subcontractors, including procurement 01' materials and leases of
equipment. The Company shall not participate clther dil—WIV or indirectly in the
discrimination prohibited by 49 C.I .R. Subtitle A, fart 21, Section 21 .5 including,
employment practices.
1:. Solicitations fi)r' Subcontractors, 111CILI ling hr�urCMCIlt_01MiltCriall Illd 1";c11.1i kilt:
Thcsc assurIllCCS Concerning, 11011diSCI-inllll,16011 also apply to SubcOntractol:s and
suppliers oftlle ('Onlpany.
IVC(mtmo riles leases A(issonrd'tn its it Lines RwaI I tonsil Assi,tance(iraIll 2)02-03 r%►)d
in all solicitations either by competitive bidding or negotiation illzuic by the Company
for work to be performed under a subcontract including procurement of rrlaterials and
equipment, each potential subcontractor or supplier shall be noti fled by the Company
ofthc requirements of this agreement relative to nondiscrimination on grounds of the
race. color, religion, creed, sex, national origin or ancestry of any individUld.
F. information and Reports: The Company shall provide all information and reports
rcquired by the contract, or order's and instructions issued pursuant thereto, and will
permit access to its books, records, accounts, other Sources of infOrillation, and its
facilities as maybe determined by the City or the U.S. Dcpartment orTransportation,
to be pertinent to ascertain conll liance with other contracts, orders and instructions.
Where any information rcquired of the Company is 111 the exclusive possession of
another who fails or refuses to furnish this information, the Company Shall so certify
to the City or the Commission as appropriate and shall set firth what efforts it has
rlladc to ohtain tale information.
G. Sanctions for Nonconlpliances: In the event the Company tails to comply %with the
nondiscrimination provisions of this contract, the City shall impose such contract
sanctions as it or the Commission may determine to be appropriate, including but riot
limited to: 0 ) withholding ofpayments to the C011111a11y Linder the contract Until the
Company complies, and/or(2)callccllatoll, termination or suspension of the contract,
in whole or in part.
1 f. Incorpol..,ation of Provisions: I he C'onlpany shall inclLlde the provisions of
subparagraphs A, 13. C, and D oi'paragraph 10 ofthiS Igl'CCIllCilt ill CVCry subcontract,
including I'rocurcment of materials and Icascs 0fcgLlipnlcnt, finless exempted by the
statutes, executive order, adillinistrative rufcs,or instructions issued by the City or the
C0111mISSIOn 1)LII'SLIa[lt thereto. The Company will take such action with respect to any
subcontract or procurement as the City or the Commission play direct as means of
enfl)rcingsuch provisions,includingsanctions fi)rnoncollipl.iance;provided,however,
that, Ill the event the Company becollles involve([ ill, or is threatened witi1. litigation
With a subeont'ac:tor or SU1)plicraS a result of'SUC11 direction, the Company may reClucst
the City to intervene in such litigation to protect the interests cif' the City, and in
addition, the Company may request tile. Commission to enter Into SLICK litigation to
protect the interests ofthc Commission.
11, Section 504 ASSIIIUIICCS and the Americans with Disabilities Act of 1990: The
Company shall comply with all the requirements imposed by the LI.S. Department of Transportation
rcgulatronS 11111)ICI11Clltillg the Rehabilitation Act of 1973, as amended, and file Americans with Disabilities
Act of 1990 (and any subscqucnt anlcn(llllents thereto) set forth in 49 (".F.R. Parts 27, 37, and 38, as well as
all applicable regulations and directives iSSUC(I pursuant thereto by other Federal Departments or agencies.
12. Disadvan_ tabdf3usinesS Filler)risc: The Company agrees to prepare and submit for
City approval a Disadvantaged Business Enterprise plan as defined in 49 C.F.R. Part 23 data{ July 21, 1953
if the Company receives a total of$250,000 or more of financial assistance from the U,S. Department of
0 '[ransportation, Federal Transit Adilllmstration.
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13. A_si►nment: The Company shall not assign or delegate any interest in the agrcelllent
a1Tcl shad) not transfer any interest in the agreement, (whether by assignment, delegation ar novation) without
the prior written consent of'the City,
14. Inspection of'Work: The City,the Conlnlission and F'TA shall he accordcd proper fiacilities for
review and inspection ofthe work herCUndcr and shall at all reasonable times, have access to premises, to all
books, records, eorrespondence, instruction, rcceipt vouchers, memoranda ofevcry description, pertaining
to the work hereunder. Arrangements for all reviews and inspections by FTA will be made by the City.
15. Law of Missouri to •Govct•n: This agreement shall be construed ICCOrding to laws
ofthc State of'Missouri. The C'onlpany shall comply with all local, stale, and federal laws and regulatiOnS
relating to the perflormance ofthc agreement.
16. City Representative: The City's Director of PLIbIiC Works is designated as the City's
representative filr the purpose of tldmillistering the provisions of*this agreement,
17. Company agrees to comply with all the rcquirCnlCn(S 01'Sccli0n 531 1 as agreed to by the City
and acknowledges receipt ol'a copy ofall assurances and eerlllleatlUrlS SIIbIllitted to (lie commission by the
City.
IN '1'I-STIMONY Wf-1f`REOF, the parties have llCrCUltto Set their hands Mid seals this ;r��j ' _day
of'November, 2002.
MISSOURI 'TRANSIT L.INI S, INC. CITY Ol" JIB. -F!".RSO N, h11SSOURI
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ATT'L.ST. A'I°r ',S]":
'fide: �; )' �...t ttC t t+ City Clerk
API'RO,Vj?D T(),AS,I`ORf'Vl:
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City C'ounsc1611 .
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CITY OF JEFFERSON
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this2�,�day of November,2002, by and between
the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and
Missouri Transit Lines, Inc., hereinafter referred to as "Lessee."
WITNESSETH:
WHEREAS,City desires to let and Missouri Transit Lines,Inc.desires to rent the building located at 620
West McCarty Street, Jefferson City, Missouri, hereinafter designated as the "premises."
NOW, THEREFORE, be it agreed as follows:
Warranty of Title.
A. City has a title interest to the premises and has full right and power to grant the
estate demised and to execute and perform this lease; and
B. The premises is now and will remain free and clear of all encumbrances which could
adversely affect Lessee's leasehold estate; and
C. The intended use of that premises for a bus terminal is permitted by all applicable
zoning laws and regulations; and
D. The premises complies with all applicable ordinances, regulations and zoning and
other laws.
Term.
The term of this lease shall be for a period of twelve (12) months, commencing on
December 1, 2002 at 12:01 a.m., and ending on November 30, 2.003 at midnight.
Rent.
A. The rent for the term of this lease shall be One Thousand Dollars ($1,000.00) per
month, payable in advance on the first day of each month. The City will waive its
right to collect rent on a month-to-month basis as long as Lessee provides inter-city
bus services. In the event inter-city bus service is not in operation, the rent shall be
fully due and owing. Such rental payments shall be made at the City of Jefferson,
320 East McCarty Street, Jefferson City, Missouri, 65101 .
B. City will not collect payment in any month that Company has fully complied with
"Rural Transit Assistance Program Agreement." Value of the rent will be take as a
credit by the City as set out in the Section 5311 Grant from the Missouri Highway
transportation department contract.
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VENDING AND OTHER SERVICES
Lessee shall have the right, at its sole option, to furnish certain services and to install
equipment required for such services, which services may include, but shall not be limited
® to: vending of food, snacks, non-alcoholic beverages, and cigarettes; pay telephones;
lockers; coin-operated newspaper stands; and Western Union.
PERMITS AND CERTIFICATE OF OCCUPANCY
City represents and warrants that it shall:
A. Ascertain or otherwise assure itself that Lessee shall be permitted to
operate its business at and from the leased premises;
B. Acquire any and all required use permits and zoning approvals or
variances and maintain same during the term of this lease; and
C. Secure any and all required building and associated permits.
USE
Lessee agrees that the leased premises shall be used for:
A. Inter-city bus services purposes, including but not limited to sales of tickets, loading and
discharge of passengers and baggage, handling of baggage, staging and storage of
equipment and materials to provide for the safety, comfort, and convenience of its
passengers, handling of package express shipments and package express shippers,
charter activities, and ancillary services;
B. other use proposed by Lessee subject to City approval.
NO WASTE, NUISANCE, or UNLAWFUL USE
Lessee shall not commit or allow to be committed any waste on the leased premises, create
or allow any nuisance to exist on the leased premises, or use or allow the leased premises
to be used for any unlawful purpose.
INGRESS AND EGRESS
Lessee shall have the right of ingress and egress to and from the leased premises and shall
not be restricted in the operation of its motor buses to and from the leased premises.
UTI LITI ES
City shall assure the leased premises are served with wafter, electricity, gas, heat, air
conditioning, and other utility services required for Lessee's use. Such utility services shall be
separately metered and Lessee shall pay such separately metered charges for utilities
furnished to the leased premises and consumed by Lessee.
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MAINTENANCE AND REPAIR
Lessee, at its sole cost and expense, shall remove snow and ice from the sidewalks of the
leased premises,and shall perform routine service and maintenance to the leased premises
® to keep same in good repair and appearance, ordinary wear and tear and loss by fire or
other casualty excepted. In no event shall Lessee be required to make physical changes
to the leased premises. Except as provided above, City, at its sole cost and expense, shall
perform all other service and maintenance, including but not limited to: the structural
foundation of the building, roof and walls, roof, roof flashing, and the watertight condition
of the roof: underground and.otherwise concealed plumbing and sewerage lines; septic
and other holding tanks: sidewalks, paving, landscaping, and grounds maintenance; and
any centralized heating, air conditioning, gas or electrical systems, Lessor shall also remove
ice and snow from the driveway and parking areas.
ALTERATIONS, IMPROVEMENTS, ADDITIONS
Lessee shall not make alterations, improvements, or additions in, on or about the leased
premises without the prior wrii ten approval of the City.
SIGNS
Lessee shall have the right to erect in, on, or about the leased premises signs as Lessee may
deem necessary and proper in the conduct of its business and that meet applicable codes
and ordinances with the prior written approval of City.
INSURANCE AND INDEMNIFICATION
Lessee, at its sole cost and expense, shall obtain and maintain durin g the term of this lease
comprehensive general liability insurance providing no less than One Million Dollars
($1,000,000.00) combined single limit of liability per occurrence. Lessee agrees to pay and
to protect, indemnify and save harmless City from and against any and all liabilities,
damages, costs, expenses, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or the death of persons or damage to property on
the leased premises caused by any act or omission of Lessee.
DAMAGE OR DESTRUCTION
In the event of destruction of, or substantial damage to the building located upon the
leased premises during the term of this lease, City shall have the option,within a reasonable
time after such damage or destruction, of either replacing or rebuilding the building, and
in such mariner and according to such plans and specifications as are satisfactory or,
declining to do so, in which latter event Lessee shall have the option of terminating this
lease by written notice. If said lease is not terminated by Lessee or if City shall elect to
rebuild or replace the damaged or destroyed building, then and in such event the rental
herein above provided for or a just and proportional part thereof according to the nature
and extent of the damage sustained shall be abated until said building has been repaired
or replaced as aforesaid.
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ACCEPTANCE
Lessee hereby acknowledges that it has received the leased premises in good order and
condition and covenants that on the termination of this lease by lapse of time or otherwise,
it will yield up the said premises to City in as good condition as when the some entered
upon the leased premises, ordinary wear and tear and loss by casualty excepted.
NON-DISTURBANCE AND SUBORDINATION
City shall have the right to mortgage its interest in the leased premises and, upon lender's
request, Lessee shall subordinate its interest in the leased premises to the lien of lender's
mortgage or trust deed, provided lender agrees in written, recordable form, not to disturb
Lessee's possession of the leased premises under this lease,so long as Lessee is not in default
of any of the terms, conditions, and covenants of this lease, and to accept performance
by Lessee of its covenants and obligations hereunder if such mortgage shall be foreclosed.
If City shall sell, convey, or pass title to the leased premises other than as provided for
above, Lessee shall be bound by the terms,covenants,and agreements herein to the new
owner of the premises, and the new owner shall take title subject to this leasehold interest.
QUIET ENJOYMENT
If and so long as Lessee shall keep all the covenants and agreements required by it to be
kept during this lease and shall perform all its other obligations hereunder, City covenants
and agrees that it shall not interfere with the peaceful and quiet occupation and
enjoyment of the leased premises by Lessee.
® PARTIES BOUND
This lease shall be binding and inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, legal representatives, successors and assigns.
NOTICES
Notices given under the terms of this lease shall be deemed properly served if such notice
is mailed by certified mail, return receipt requested, addressed to the other party at the
following address, or such other address as either party may, from time to time, designated
in writing:
CITY: LESSEE:
City of Jefferson Missouri Steve and Julie Pearson
320 East McCarty Street Missouri Transit Lines, Inc,
Jefferson City, MO 65101 620 West McCarty Street
Jefferson City, MO 65101
Attn: City Clerk
Notice mailed in accordance with the provisions hereof shall be deemed to have been
given as of the date of receipt or the third business day following the date of such mailing,
e whichever date is earlier.
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LEGAL CONSTRUCTION
In the event any one or more of the provisions contained in this agreement shall for any
reason be held to be invalid,illegal or unenforceable in any respect,such invalidity,illegality
or un enforceability shall not affect any other provision hereof, and this agreement shall be
construed as if such Invalid, illegal or unenforceable provision had never been contained
herein.
PRIOR AGREEMENTS SUPERSEDED
This document constitutes the entire agreement between the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting the
within subject matter. No changes or modifications of any of the covenants, terms, or
conditions hereof shall be valid unless in writing and signed by authorized officers of the
parties hereto.
COMPLIANCE WITH LAWS ORDINANCES AND RULES
Lessee agrees to conform to and not violate laws, ordinances, rules, regulations, and
requirements of federal,state,county,municipal,or other governmental authorities and the
various departments thereof now existing or hereinafter created affecting Lessee's use and
occupancy of the premises. In no event shall Lessee be required to make physical changes
in the leased premises.
IN WITNESS WHEREOF, the parties have affixed their signatures the day and year first above
written.
CITY OF JEFFERSON, MISSOURI MISSOURI TRANSIT LINES, INC.
Mayor Pre�i ent
ATTEST: ATTEST:
City Cldrk Title
APPROVED AS TO FORMS
City Counselor
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