Loading...
HomeMy Public PortalAboutORD12833 r 1 z I , 1 BILL NO._ 98-99 SPONSORED BY COUNCILMAN McDowell _ ORDINANCE NO. : AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI DEPARTMENT OF TRANSPORTATION FOR A CHAPTER 53 (5311) OF TITLE 49 OPERATING GRANT. ,1 ' BE IT ENACTED BY THE COUNCIL OF THE Cl TY OF JEFFERSON, MISSOURI, AS . FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and dir+ec►ed to execute an agreement with Missouri Department of Transportation for a Chapter 53(5311)of Title ; 49 Operating Grant. Section 2_ The agreement shall be substantially the same in fora 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 j its passage and approval. Passed: PP. f P Approved: G ;I(), P 9 Fe Presiding Officer Mayor s ATTEST: APPROVED AS TO FORM: � . ity CI k Co elor t. rF ia:*Y.• wywart+t++.tx -,°«.'rb.7ea,s..t+*,+6 �''H'.=ir ,c..-.:..».x. .. ...... 3Wr'7Y , AMENDMENT NO. 2 WHEREAS, the Missouri Highway and Transportation Commission and the City of ,1 v- Jefferson entered into an Agreement dated October 28, 1996, to fund a public trsAi sportation project pursuant to Chapter 53 (5311) of Title 49, United States Code. � NOW THEREFORE, said Agreement is hereby amended as fbtlows: 1. Paragraph 17, Section A, is amended to increase the federal share reirribluiernent to grantee for net operating expenses to an amowit not to exceed$306,761. i 2. The Agreement between the parties hereto dated October 28, 1996) shall remain in full force and effect except as amended hereby. g IN WITNESS WHEREOF,the parties have entered into this agreement on the Gate last R written below. Executed by grantee this __day of— �'� , 199 ! Executed by Commission this day o =�..r� �-, 199 . MISSOURI HIGHWAY'AND TRANSPORTATION COMMISSION CITY OF JEFFERSON Dir ,tor, Multimodal Operas ons By Titled V - Attest: Attest f Secretary BY Title n Approved as to Form: Fom�.� f ' ;r ► Counsel j:%�.hsnuot�,tswr�rrtu-2 s;�wt • n t) i x 165 tMe$t CapffW AvenUe' MissOur1 P.l3.Dcix 2Y0 ,f Jef ersoh CNY,MQ 66162 Department (573) 761-2561 ; Fux(5rs)52&4709 of Transpnrtatiar) www.modot.state-mo-U.S. .Joe Mickes,Director � February 10, 1999 r I Mr:Thomas E. Hood w y 'Transit Division Director ' IT Department of Public Works +' 320 East McCarty Street. ' j Jeffetson City, MO 65101 i :. Dear Mr.Hood: l RE:. Project MO-18-X016 Enclosed is contract Amer dme'nt No. 2 increasing federal �aertating a;sistancc funds to $306,761„ 1 on the above project. Please file this amendment with the original two-party agreement. Sincerely, Linda Stepeno { i 'Transit Operations Specialist Is/mar t Enclosure ? t ; ,C tF ` 7 v IJ JATRAN?SM100D�T. .SAIN' 7' i . "our rnlsslon is to preserve,enhance and support l 1smurd. trans�pu►7athon systems: , y printed an--oad paper N rx t y)5 dY ! t ry. r f06 Nest Capitol Avenue MissoI u F.U.isox 27Q ; ' Depaartn ent Jt►f arson�.fty,MO B2651 ' ��.57{a�j 751-2'S5! , Of Ttal1sOlfr tt'011 Fax(573)626-470. W►vbt:m�c2ot.5ta1B.rrso.Us Joe Michas, Director November 2, 1998 Mr. Tom Hood t City of Jefferson 320 East McCarty 1.. Jefferson City,MO 65102 Dear Mr. Food: ` RE: Project MO18-X018 Enclosed is an executed agreement between the Missouri Higtlway.ind'fr, aportatiori Commission and the City of Jefferson to assist in subsidizing your.transportation program. Thi s ' contract commits $333,024 in state.and federal Section 5311 operating fut-COs for,this project. Please retain all records on this project. We look forward to working with you and your staff on this �. spartafiotx grant. Sincerely, f Linda Stepenoff Transit Operations Specialist I. 1 r is/mar F ` Enclosure �r tt..fi tk W;' y 1� r MTRANSIT\5311 AGRT.S'0 ?{i , } turmission Is to preserve,enhance and support Missouri's frsnsportstlon systems" � y L printed on recycled paper ,. !! t,#. ,,'y r � i5•r,; d: r x,'c 1jY f h` e#! H ,,+ * ?.'1tF1�S7 tEz# i1?4yi4y,"�tt * kU. f } CCO FORM: TC5 Approved: ' 1192 (KR) Project No. MO-18 XO1.8. Revised: 6/98 (BDG) Modified: MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION } NONURQANIZED AREA PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highway and ! Transportation Commission (hereinafter, "Commission") and the City of Jefferson (hereinafter, "Grantee"). WITNESSETH: WHEREAS, the Grantee has applied to the Commission for ai grant of funds made available to the Commission under Chapter 53 (5311) of Title 49, United States Code, herein referred to as 5511 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 1 these public funds; and 4 t 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 5511 assistance, (Appendix A) i NOW, THEREFORE, in consideration of these mutual covenants, promises,and. representations the parties agree as follows: { PURPOSE AND SPURCE OF FUNDS: The purpose of this Agreement is ' rl assist the Grantee in financing the ro'ect's expenses that are eligible.for federal z to 9 p 1 €ina icial 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 l„ estimated.to be the amount determined from the Grantee's projected operating budget (Appendix B). i l,r t`FF t 1 l: �r ;'.; t i j (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 administrative rules of the United States Department of Transportation as contained in the Federal Transit Administration Circular 9040.1 B dated July 1, 19+58, and any other regulations pursuant to the Federal Transit Act, as amended (49 U.S.C. 1514). (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). (S) USE OF PROJECT FACILITIES AND F ttIPMENlf: (A) The project facilities and equipment shall be used to provide f general public mass transportation service within the Grantee's transportation service y 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 IAMB Circular A-1 10, 1 ' 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 >f 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 j 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 shail 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 values of the property as determined by competent appraisal at the time of such withdrawsl from csa" or °t misuse, or the net proceeds from public sate, whichever is approved by. 4he =4 s Commission. S.e �'aA,iMtll�md n�. •��s�liN (F) In the event of loss due to casuayty 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 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 imlrediately notify the Commission in all cases in which project facilities/equipment are used in a canner substantially different from that described in the project description. (H) 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. (I) 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 contribLition 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, 1998 to October 31, 1999. DISPUTES: An disputes that arise under this Agreements 1 (5) D y p ,�_ shall be decided by the Commission or their representative the chief engineer. i (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 tabor. (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 t 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 QF M RECORDS- 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 F 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 i i I I 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 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 STAJ[LAEDS: The Grantee's services rendered and reimbursable expensss incurred shall be those aliowdble under the Common rule, 49 CER Part 18', and ETA Circular 4220.1 B (Third Party Contracting ' Guidelines). i ' (9) REPORTS: The Grantee shall advise the Commission regarding the x progress of the projects at such times and in such a manner as the Commission may i require including but not limited to meetings and interim report.. (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 l 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 i 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 ` 1 �i4y ' assigns, from every expense, liability or payment arising out of such wrongful or l 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 V1 and Title VII of the Civil Rights Act of 1954, 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 1.94, which executive order is incorporated herein by reference and is made a pari: of this Agreer►tent. This Executive Order which promulgates a Code of Pair Practices in regard to nondiscrimination, is f incorporated herein by reference and made a past of this Agreement. This Executive i 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 or the United States Department of Transportation (49 CPR 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, Includina Procurements of Material and Equipment: These assurances concerning nond iscri rni nation also apply to �. i 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 1 . a subcontract including procurement of materials or equipment. Each ofential i 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,. - 5- �a ,.t XV (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 I 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 `rumish 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 Noncom Irk 'any: 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 :Mates Department or 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, j in whole or in part, or both. i (H) Incorporation of Provisions: She 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 statute$, } executive order, administrative rules or instru&,ions issued by the Commission or the United States Department of Transportation. The Grantee will tape 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 1 such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. 1 (13) SECTION ASSURANCES AND THE AMERICANS WITH DISAf3 uTIES 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) DI AS DVANTAGED BUSINESS ENTERPRISE: The Grantee agrees to � - prepare and submit for Commission approval a Disadvantaged Business Er+iterprise plan as defined in 49 CFR Part 23 dated July 21, 1983; 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) INTEyREST OF MEMBERS OF ( R DELEGATES TO CON RESS: No member of or delegate to the Congress of the United States shell be admitted to any share or part of this contract or to any benefit arising therefrom. (18) CHARTER AND SCHOOL BUS PROVISION: The Grantee shall not provide charter or sightseeing services Outside its service area as defined in the approved application for 5311 assistance (Appendix A) with equipment purchased with project funds. Within the service area, charter and sightseeing services may only be provided on an incidental basis. "Incidental" is defined as those operations which do not interfere with regular service as proposed its the,projec4 application. The following uses are presumed not to be incidental: (a) weekday charters which occur during peak rush hours; (b) weekday charters which require vehicles to travel more than 50 miles beyond the service area; (c) weekday charters which require the use of a particular vehicle for more than a total of 8 hours in any one service day. s .. t � f The Grantee shall not engage in school bus operations exclusively for the r transportation of students and school personnel in competition with private school buy ' operators with project equipment. (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) i of this Agreement; provided, however, in no event shall the total amount reimbursed by the Commission for net operating cost exceed the maximum federal share of$272,194. (B) State Funds Reimbursed to the Grantee Pursuant to H.S. 1004: The Commission, using funds made available from H.S. 1004, shall reimburse the Grantee ; for sixty thousand eight hundred thirty ($80,830), Reimbursement made pursuant to H.B. 1004 shall be provided to the Grantee or for transportation services provided by i the Grantee from November 1, 1998 to October 3 Z, 1999. z , (18) PAYMENT: Progress payments, based upon actual allowable casts, far not less than one (1) month may be made upon receipt of an itemized invoice from'the Grantee. The itemized invoice shall be reviewed by the Commission prior to pa yinent. i . t (19) REIMBURSEMENT CONDITIONS: Reimbursement by,the.Commission is subject to the following conditions: f G; ' 3Hi X '•--E• iv.`6.1 i„..:a1 .:.;.a.> ...'ti+. al, a7'3,:•`r !" ;..+rU ... ..::. ., .c ., r . ar } �'wawvwea�.wr.r�avrpeavw�s ;owl{gyrws. /iY1A7Nti�It7rlor4'N1C�NR�QOi� ! (A) Funds made available to the Commission and Grantee are subject to appropriations made by the General Assembly. The maximum Commission payment on any monthly or quarterly request and in the aggregate, when added to federal operating assistance funds available and applied to the same operating period, shall not cause the total of state and federal operating assistance to exceed the amount of operating assistance for which Grantee would have qualified in federal 4`unds had additional federal funds been available. (B) Financial summaries submitted to the Commission must include a 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 Ct7Y'1{711 Sian. (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 Granter 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 accomplished 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 I of the project notwithstanding any subcontract. (22) 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 ! i 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. r : 1. •R (B) The Commission may terminate this'Agreement without recourse in i 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. 1 (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. (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 i 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 payrnent 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 tha Grantee and the malting 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, 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. (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 ' `i to the execution of this Agreement between the Grantee or any bidder. - i . .: l . (28) BUY AMERICA: The Grantee agrees to abide by the provision of the Buy <a America requirements of the 49 CFR Part 661. 9- Y I'.I t.: y I h/ `S,: 1 i (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. i (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 MiSSOUR{ 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. (32) VENUE: It is agreed by the parties that any action at law, suit it 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 Cola Country, Missouri. f (33) NONSOLICI_TATION: The Grantee warrants that it has not employed or retained any company or person, other than a bona fide employee worming 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 erployee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or j 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 referencee. (35) CONFIDENTIALITY: The Grantee shall not disclose: to third parties r 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 � ( ) g p , abide by the terms and conditions of 49 CFR Parts 40, 651 and 653 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. ell i" qrn c; i 7 (37) RESTRICTION ON LOBBYING: The Granted agrees to abide with the r J requirements of Section 1352 of Title 31, U.S.Ci IN WITNESS WHEREOF, the parties have entered into this Agreement on`the last date written below. Executed by Grantee this day of.. 1998. f Executed by the Commission this day of 1998. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION CITY OF JEFFERSON By7)7,0Z Title Director, I�llultimodalrations Title v lU'r�cG ' Attest: Attest: By s?2 By Secretary to the Commission Title Approved as to Form: Commission Counsel Ap a i j or .' +CI nselor --�"' �'� r i " f� 1{ j:LN7Y 0YlNnv\701 W1=tc5.iYn1 fi t '77 r .......,�'."`1 • i _ _ - I�Yf111 IFJSiW`YYY/allt�=1��®If�lll�rtte .���._. __,__ __�`.:'t���_.`"• APPLICATION 1FOR SECTION _` th.A ASSISTANCE 1199 ) PROJECT PERIOD (November 1, y DATE: August 27, 1998 APPLICANT'S NAME: City of Jefferson CONTACT PERSON: Tom Hood STREET'' ADDRESS: 320 E. McCarty Street P.O. BOX CITY, STATE, ZIP: Jefferson City, MO 65101 COUNTY: Cole PHONE NUMBER: (573) 634-6479 General description of project: The Jefferson Citv Transit S-ystern provides generai public transportation within the Cate limit, of Jefferson City. The Transit System p rovides fixed route, tripper route, park and ride, shuttle and curb-to-curb dial-a-ride paratransit, transportation services. The system operates Mondav through Friday between the hours of 7:00 a.m. and 5:3I} p.m. Dining the winter, fall and spring peak hours a total of eighteen buses are operates as and three}modified route coaches, two shuttle route coaches, six tripper rou,e school type bu s, vehicles with lifts used to provide paratransit "Handi-Wheels" service. .may. 1e administration of the system is provided through the Citv's Department of Public Works i%ith assistance from the Citv's Finance Department,with overall project management done by the-Transit Division Director. At the present time, the Director of Public Works acts as the chief administrator of the Transit Division. The Finance Department assists with bookkeeping and purchasirig. ! Transit Svstem buses will travel approximately 290,000 mile, and provide approximately 350.000 unlinked passenger trips this fiscal year. The City works with several local service agencies to help provide transportation.. The local sheltered f workshop (Capital Projects) relies on our system to provide transportation for their employees to two workshop facilities. { The City is also requesting capital funding for the following items: Purchase o one new artodifled van. The City has twenty two revenue vehicles in it's fleet ai 1. f eighteen vehicles in operation during the peak hour of the day. With the addition of the requested vehicle, the spare ratio would be 21%. This vehicle is needed f poi k dory re regular c 9 b response paratransit service and as a backup vehicle to be used m -lac routes and the shuttle service. The ridership on our paratransit service continues to increase 4 and it is necessary to have four buses in use a. t times. We also have two buses running from 7:00 a.m. to 5:30 p.m. providing shuttle service from a lot on Industrial Drive to the da�vnto�vn i offices. o State i� i j Purchase of one replacement modified van. This bus would replace a 1994 modified van (VIN r. �..•/ 1 FDKE30G7CRI-iC 12018, Vehicle Number 627). Current mileage .for this vehicle is 106,649- and estimated mileage at the time a replacement vehicle is delivered is 1 110,000. ses the 3. Purchase of two mini buses toreplace school bus tj.7pe tripper route buses. The two bu City is requesting be replaced are 1988 Chevroletil"layne school buses (VIN: IGiBJ6PIB5JVIl4337,Vehicle Number621 andVIN: IGBj6PIBIJVI 14856,Vel-ticleNuniber 622) %vith over 100,000 miles on each. Both buses are equipped with power plant type air- conditioning that is not operating and can riot be economically repaired. The buses are used for park an�ride seivice, tripper routes, and as back up vehicfes for the regular fixed routes. We intend to use one of the buses on the Capital Mall route on an interini basis and keep the full size Flexible coach currently used on this route as a backup vehicle until we can replace it. This request N-611 not increase the number of vehicles in our fleet. 4. Purchase of a replacement personal computer (CPU opity). 'n, is kvould replace the operations monitor are still assistant's personal computer (central processing unit only, keyboard and operational). This unit is networkedtvith our dispatching/recoid keeping systern and is used on a daily basis. 5. Purchase ofa replacementfuel management system. The CUITent system was used to record fuel. used, mileage and the employee fueling the vehicle. It also tracked usage of the vehicle wash and was used to charge back other departments for usage. This system is inoperable and -we were informed that repair cost will be in excess of _50% of the cost of a new system. e original fuel management system was purchased at the time the 'Fransit/Central Maintenance facility was built in 1983. 13ecause the neiv system %,muld be used for all City vehicles and not just tfie Transit vehicle the cost stated is 60% of the total estimated cost of a new systeni.. Proposed Capital Funding: Proposed Operating Funding: Federal $216,000 Federal S387,174.50 Local S 54,000 Local S387,174.50 Total S270,000 Total S774,349.00 Authorized fficial Thomas Hood Transit Division rirector 77,77.7 • . ..,.....+ :.+.��ws.wu. ,.. .-n.. o^ .rn+rc,iia��.a�or�a.�:+ir�raa�a�awiuwrwaw�rra �w Y.,�M7�1 WOMEN r • -A. CITY OF JEFFERSON DEPARTMENT OF PUBLIC WORKS TRANSIT DIVISION PROJECTED OPERATI�1'G BUDGET FISCAI.YEAR 9$-9 M 9 NOVEBER 1, 1998 THRU OCTOBER 31, 1999) .� ADNffNISTRATIVE EXPENSES DESCRIIPTION R. 501.00 A SALARIES ARIES . . . . . . . . . . . . . . . . . . . . . . 55,105.00 501.01 A ADNQNISTRATIVE SAL 502.00 A FRINGE BENEFITS 502.01 A FICA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,500.00 502.02 A FRINGE BENEFITS — ALL OTHERS . . . . . . . . . . . . . . . . . . . 7,800.00 503.00 A SERVICES 503.02 A P'ROFESSION'AL SERVICES FEES . . . . . . . . . . . . . . . . . . . . 1,000.00 503.04 A ALL OTHER FEES 503.04.01 ACCOUNTING EXPENSES . . . . . . . . . . . . . . 13,000.00 503.04.02 TELEPHONE 3,340.Ot) .. 503.04.03 BUILDING SECURITY MONITORING . . . . . . . . 900.00 503.04.04 TRASH PICtC-UP . . . . . . . . . . . . . . . . . . . . . . . . . 550.00 503.04.05 UNIFORMS CLEANING . . . . . . . . . . . . . . . . . . 2,970.00 504.00 A MATERIALS AND SUPPLIES FFICE SUPPLIES . . . . . . . . . . . . . . . . . . . . . . . . . 504.01 A O . . . . . . . . 1,470.00 504.02 A OTHER MATERIALS AND SUPPLIES i �.,,. OPERATIONAL SUPPLIES . . . . . . . . . . . . . . . 2,350.(1(7 504.02.01 504.02.02 BUILDING AND GROUNDS . . . . . . . . . . . . . 1 2,000.00 504.02.03 CLOTHING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,500.00 i 505.00 A UTILITIES i .505.01 A TRANSIT FACILITY 505.01.01 LIGHTS AND HEAT 5,500.00 ' 530.00 ' 505.01.02 WATER AND SEWEi2 . . . . . . . . . . . . . . . . . . . . . 509.00 A NIISCELLANEOUS EXPENSES 509.01 A DUES AND SUBSCRIPTIONS . . . . . . . . . 1,370.00 t t 2,000.00 f 509.02 A TRAVEL AND MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . I'dG AND PROMOTION . . . . . . . . . . . . . . . . . . 6,220.00 509.03 A ADVERTISI 509.04 A OTHER EXPENSES 509.04.01 TRAINING AND EDUCATION . . . . . . . . . . . . 2,620.00 509.04.02 POSTAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480.00 l 509.04.03 PRINTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,120.00 ,;..: $30.00 E ' 509.04.04 NiEDICALS . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . �. ' d . . . . . . . . : . . . . . . . . . . . . . 131,155.00 TOTAL ADNIINISTRATIVE EXPENSES . . . . . � . . . . . . . . . , � , .5 ,i 1 . -�- ..._...._�__..•�--_._..__..—-...,,�_ .....r..--. �.-.r �a..ru�n.�tr+���r '.`.ri,��an��.mnra�ran+�n OPERATING SUMMARY DESCRIPTION i i 01.000 SALARIES _. 501.01 O DRIVERS SALARIES 345,312.00 ' 501.020 DISPATCHER SALARIES . 24,108.00 501.040 OTHER SALARIES, OPERATIONS SUPERVISOR . . . . . . . 50,070.00 } } AND OPERATION'S ASSISTANT 502.000 FRINGE BENEFIT ! 502.010 FICA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 34,115.00 502.020 FRINGE BENEFITS - ALL OTHERS 136,445.00 503,000 SERVICES 503.010 C.M. LABOR CHARGE BACK . . . . . . . . . . . . . . . , . . . . . . . 90,000.00 504.000 MATERIALS AND SUPPLIES 504.010 FUEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66,348.00 504.020 LUBRICANTS . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 7,410.00 504.03 O TIRES AND TUBES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,500.00 504.040 INVENTORY PURCHASES, PAI'TS, C.M. 80,500.00 504.050 MISC. MATERIALS AND SUPPLIES . . . . . . . . . . . . . . . . . . . 5,000.00 506.000 INSURANCE 506.010 LIABILITY 11,184.00 506.01.01 AUTO LIABILITYY . . . . . . . . . . . . . . . . . . . . . . 2,468.00 506.01.02 GENERAL LIABILITY 506.020 OTHER INSURANCE 506.02.01 PROPERTY INSURANCE, 2,628.00 i 506.02.02 INLAND MARFNE. . . . . . . . . . . . . . . . . . . . . . . 336.00 7.000 TAXES 507.02 FUEL STATE TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,870.00 TOTAL OPERATING EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .878,294.00 TOTAL EXPENSES, OPERATING AND ADMINISTRATIVE . . . . . . . . . . . . . . . . . . . . . . . . . 1,009,449.00 530.000 INELIGIBLE EXPENSES (# 530.010 CHARTER EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,600.00 ! ELIGIBLE OPERATING EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 1,006,849.00 t 540.00 R PASSENGER REVENUE j 540.01 R FARE BOX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,500.00 { DEMAND RESPONSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4'2,000.00 540.02 R 540.03 R SCHOOL PASSES . . . . . . . . . .1'1,000.00 540.04 R SPECIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123,000.00 540.05 R GOLDEN PASS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,000.00 541.00 R MISCELLANEOUS REVENUE j ' 541.01 R VEHICLE WASH REIMBURSEMENT . . . . . . . . . . . . . . . . . . 4,00.0.00, 541.02 R INSURANCE CLAIM REFUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . 0.00 TOTAL FARE BOX AND OTHER REVENUES APPLIED AGAINST ELIGIBLE EXPENSES NOT INCLUDED IN LOCAL SHARE . . . . . . . . . . . . . . . . . . . . . . . . . 232,500.00 4 Y a �1 , 1 PROJECT COSTS . . . . . . . . Y41��•�A C1 774"49.00` z,t , LOCAL MATCH .. . . . . . . . . . . . . . . . . . . . � , . . . : . 360,17 .50 r" E n:hbTHER LOCAL MATCH, COLE COUNTY SPECIAL SERVICES : . . . :'.' 2 7,000.00 MISSOURI HIGHWAY AND TRANSPORTATION COMAfiSSION NONURBANIZEL) ': AREA PUBLIC TRANSPORTATION OPERATING ASSISTAt►iC'E @ 50% OF ELIGIBLE LOSS 387 174.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PREPARED BY: 4L omas E. Hood i. ' Transit Division Director AOW , t � :r i , " 4P', t 1 - ,{, "�,^ d +...�...+..�.�� ,..�1'_+.'� t ..:.a-.� � •'+�)If.•..� �„J �, :z�.�. � � 4 3'✓1 J ' � ..1 i ! f� lr.l:•t lit f wahm Arrxt t* ` i