Loading...
HomeMy Public PortalAboutORD12675 t +yN .rw :.......>+«..v.........�.��.s......�........yam»«........_»...___......._.._..... .................._ ..._ - .._._....._ ._. ... ......»......_....»_..._._....»._._.�...�_.........y.....�..,......�..... } 1 ,k4 , _f BILL.NO. 97-88 ? SPONSORED BY COUNCILMAN McDowell ORDINANCE NO. l!zG AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE # MAYOR AND CITY CLERK TO EXECUTE A TITLE 49 OPERATING GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section. The Mayor and City Cleric are hereby authorized and directed to execute a'Title 49 Operating Grant agreement with the Missouri Department of Transportation. Section 2. The agreement shall be substantially the same in form and content as I 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. t Passed: Approved: ar �1 Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: " {4 t � ' y{ bly Cie ity 6,OWWOF v. 1:• 9 4 ,,,!•Y�'}�iyq�a},��',�}yx�}Y .,_ st tS$r 1, i, t f ii Pfi:i1��Y � Y kc'J"l•.?s rrG t Y: . A ti. S. f F tea'w�.iww.w....a,.'..:...._r..__..:. ��.......:.��.....-:...._..^........v...°...................�.......__—_....._....:__._......_.._..:a._ u.... ......e....... ........ .. ....'.... ..:.. .., .... .._..°..... ....,. ....._._._.._.-.._._....�............,..........�...,...--..—u��_.. f r#` ��.gfai`%i�^y>�'�w�t G➢ Z� .F �j PY:.,ft.,:t ..:: r�, x . . .. . .... r .. ., , , .. r OcYrs 105 West Capital Avenue �+ a6un P.O.Box 270 ,,fit / Jefferson City,MO 65102 aI 11 nenl (579)75t-2551 P Fox(573)5281709 }d df Tianspodation uvwr►►odoLsrate.rrro.us r' Joe Mickes, Director September 2, 1998 s ,;tRr. Thos' s E. Hood Transit Division Director " Department of Public Works 320'East McCarty Street ,Jefferson City, MO 65101 t Dear Mr. Hood: s RE:, Project MO-18-X017 t Enclosed is an executed contract 'amendment between the Missouri Highway and Transportation f r:- Conumssion and the City of Jefferson increasing your state operating assistance fwids to $67,737. 4 Please retain all records on this project with your Section 5311 grant. Sincerely, I S Lix& Stepenoff Transit!operation Specialist F 2{ ss . j( 1nclosaueS �� ti tti tF ., 4 a t t r r: ➢ x } ( r' QF���! S #�'1 }.�� ➢ T +� 1 I f .d! jr j}ti 7sG� -J:\TRANSTR5311CONT SAM Tt 7 y±±�,.�.�e "our talss/on is to preservo,enhance and support MissouN s tramportstlon systems." printed on recycled paper ' y t: Y tY`t -57`T9r* 4;'rriM+M`7^sW+1?ct'yMK'rtN" """""'f' FP.S r x•nt` .f'#, ��;i'�'f�„tx ' rd iq�4i{t.' i1h q }'� k”' h; ta'`F t t it i➢ ` ,�c t ); 2 ,r.`ti7 ��� ti�'l'•5�T'1S�p iT�,yt{�yy{,✓ !i. `r I! � �: c'f. Y 1 ��* 7^1`-a t�� )S!}�'y't t't➢i �{ t ' ' � � � ' 3r f _ i . :1:t.�v.�• yt rt'�7 :sd t,;"l,E.. ,r, is {' s x. ' .��,,tt�� - >) l '• X�' �!' fit• JA 74' AMENDMENT NO. 1 ` "�•, . U,�HEREAS, the Missouri Highway and Transportation Commission anti the City of ; Jefferson entered into an Agreement dated November 5, 1997, to fund a public transportation project pursuant to Chapter 53 (5311) of Title 49, United States Code. t: f ri NOW THEREFORE, said Agreement is hereby amended as follows: i, Paragraph 17, Section b, is amended to increase the state share reimbursement to : grantee for net operating expenses to an amount not to exceed $67.7 . 2„ The Agreement bet ween the pasties hereto dated November 5, 1997, shall remain to full force and eflf'ect except as amended hereby. ; IN.WITNESS WHEREOF,the parties have entered into this agreement on the date last written below. � �Executed by grantee this day of 91998. AlWida f Executed by Commission thi s Y o 1998. MISaOURI HIGHWAY AND CITY OF JEFFERSON ' TRANSPORTATION CO2vIMISSION "l Di .+ctor, Multimodal Ope tons BY x . , Title / at. C) V' Attest: Attest.. i Scre�asY By Title i. Troved aS to Form:APP �ed as to Form•} tr :. .y.. S v�r r 1 ', ,�/.,6/tiw`n • • ' �'/ � `�'�.. _ i_ ,c�. b �4)unSE:l frKx Title Associate City Counselor x t t ; `!, ie{i�6M�ti+zgtPx F17((,}�",y.fk #tai+•'r''r+..F:kr.n — 't'1'acf.`.-T;�+' «.."-",,",�'T..+. +�r?�e �,f 7( YYi t to 4 • x �i 4 ' ..` , a q..mu.awra'au.!�rv.n,.w..ue.��rRn7.s+�y�w,W �f.+7�lQ�T3 r, i 1 a /st(ju/'/ 105 West Capitol Avenue ♦ P.O. Box 270 Depp artme ' t �u Jefferson city. MO 65102 ca 'Transportation ransportation Pax(5 3; 526.4709 r www.modot.state.mo.us Joe Mickes, Chief Engineer 1 ' J he 24, 1998 i F Mr. Tom Hood 3 S , apJ t City of Jefferson 820 East Miller Jefferson City, MO 55102 Bear Mr. Hood: ; + REIE: Project MO-18-7017 Enclosed is an executed contract amendment between the Missouri Highway and Transportation Commissioh and the City of Jefferson increasing your state operating assistance funds to $94,099. Please retain all records on this project with your Section 5311 grant. + } Sincerely, 4S Linda Stepenoff ; *n s tiinsit Operations Specialist ��,r�� ,,lslrr►ar Enclosure { F it OL ' � ��1� . L`±str 'f f!•[ �. .° r° �� � + h r ... y ..��s ✓ .5Y_ i'F� s ( , .TS dr.. >/.� !t r, ,.. .. .. .. • � 1, + r J 1TRANSM53I 1 AM.SAM j }{'!c �,'' '{ ' "Our misalon'is to preserve, enhance and support Missouri's transportation syatems " •�, f° , ;i C�`�'., printed an recycled paper �r'F�.fa'.x �'fR'+��"+'�'?�'�"'�i''+�D�4#,t�'e�a�'dts�°��wr::t?.Xetq.?.,�N"ky°�1 �-4r yS° �.�:.._:. .t >4 ' � ^.:,...,....,..•o '..;! ix+. I'iY�,y�`s�iC3.��i�i"�.5,'t��s'�+�fr.ltl.{?�..Sf'h.Lt - }x..•^�{�s,, Y^i�1 nv. t 9�;r�f, z.r.�y���J't�'t1'f`' ��y XX'�r':r �5 {a:{ y ti•��''�� �,`uh "ti' j� � I+.,� t h nic,���. �r t� ' �r�Yf''jttrl5ii�' SY'� ••ppn�l5ares�` ts� a .;. � :` 'r '.� ' .�JX".3K��Z sn.E��i�f'u fe.i�,r '11u .:fr,$ ,tt { } . J. r '•+ .'h t..l Y,�. £,[� .wa.w'.n:A h��oY.n �6� .�4.___�__ _ � a_ _ •t ! � _ _ ..i .. ..v „..r,. (3 e.. i:��,... ,.:7�:d` C0 FORM: TC9A Approved: .6/96 (RMH) Revised: 7/97 (RMH) Modified: 1. ' 'SECOND AMEN DMENT TO THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION PUBLIC TRANSIT OPERATING ASSISTANCE GRANT AGREEMENT THIS AMENDMENT is entered into by the Missouri Highway and t Transportation Commission ("Commission") and the City of Jefferson ("Grantee"), pursuant to the terms of an Agreement between these parties executed by the Granted on August 12, 1995, and by the Commission on August 29, 1996. WITNESSETH: WHERERS, the parties previously entered into a Public Transit Operating Assistance Grant Agreement. This Agreement provided financial assistance to the Grantee-for the Grantee's general public transportation services. j WHEREAS, the parties to the Agreement have additionally agreed to formally ; ,:,emend this Agreem®nt and to be bound by the terms contained in the previous ' -Agreement= WHEREAS, in this`Second Amendment to the Agreement, the Commission agrees to provide the Grantee with additional financial assistance for the Grantee's general public transportation services. : I NOW, THEREFORE, in,consideration of the mutual promises, covenants and Si representations in this Agreement, the parties agree as follows: ; Fr (1) AMOUNT OF GRANT: The Commission awards the Grantee the sum r , . of rAinsty-four thousand ninety-nine ($94,099) during the period of July 1, 1997, 4o June�30, 1998. 1 ' V,"P S tttt i' !1 l/Fit it 1 .: .. _ .- • - t .1 (2) ALL TERM§j OF.THE AGREEMENT TO REMAIN EFFECTIVE: The , .'!1. x 4trp parties agree. that all other terms of, the 'Agreement "executed by the parties.,on 1Fll } J rif9i` tr a r.. „1 August•.29, .1996,.to remain,effective between the parties. The parties agree to be bound by the terms of the Agreement. , t I { ,� Jz . . t••f e, F tL.x.swn-..m w'�.71'�l�+Htwa:wrtnWscsaawz.+u+i.st aa:,u.,.«r..srwa...:s• arw t. ,.F.Y ,i-.:,f .a w ,r.. ..-, .1.. :?,r: !L,::.., c. y . 4,r¢'% zx, '•,•a 1 ,.. _ rr>f.:A�qi i'F`ry,"' '` ..t• ik ti x J ! :a •7r�(t t a :I t y !s "777777711:7 t h f I I. ' 7 5 � ��t r I YA9 P t s hr�x. .. — IF F •' g.,yxYlr!'S n �✓t�i�RxTJ dl+,f£/r'w2.!f �..ySt� c _ �,. — _ — - .. ..... . _. ,.. .'4,« ...,.,...x '.s; t : 1' q i }}�L 1 IN WITNESS WHEREOF, the parties have entered into this Agreement on .ihe last date wtten below. ri Executed by the Grantee this day of , 1998. Executed by the Commission this/ 1 day of , 1998. �l t MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION CITY OF JEFFERSON i By Title Da, r,Mdl imOdat Opmakes Title /vla�d r t Attest: Attest: Secretary to the Commission r 3 � Title r A> rov'e' d as to Form: `" h►• 1 APP d as j Counsel for the Commission City Cou elor rr y ,yy t, tF.jr !, 'fit • t o d '. .YYYtYS 4�r i �I.Nv ae•t.++'�' .� h 7L �r�p rr * .,r.L :,_t �..•..�.-....'*<°+..s,.ttwwvi,?rc�:.kxrEtn�j:, .�,,�st,'{'K .r e. 4 r r�+r•��n.saw...v«�.'wrn.+.nvv.r�n.e, Y'L � a ' f�iss+as�n ®�� 4 3 ,, z 105(Nest Capitol Avenue U .,a rn�er�t P.O.Box 270 Jefferson City,MO 65102 offr6m(pottate©n (573)751-2551 n Fax(573)751-6555 . Joe Mickes,chief engineer Nove' n fiber 18, 1997 Mr. Thomas E. Hood Transit Division Director Department of Public Works 320 East McCarty Street t t JetTerson City, MO 6510.1 i Dear Mr. Hood: l✓nclosed is an executed agreement between the Missouri Highway and Transportation Commission and the City of Jefferson to assist in subsidizing your transportation program. This it contract.commits $3091516 in state and federal Section 5311 operating funds for this project. -Please retain all records on this project under grant No. MO 8-X017. {�r We look forward to.working with you and your staff on this transportation grant. Sincerely, J 1�6 Stepenoff �'ransit.Operations Specialist t mar ,; .� � Erlcloswe zit 5 t t, f t 5 J:\TRANSnN5311R'RV.SAM, i r t ! "Oui misslor Is to preserve,enhance and support Mlssourl's tranaporMtion ayatems." + i t �; {fir y'�`"°'4�}'i9fr� !'���I aE�'�6�9�x s.wn'tie... ""'k, .,,,K�;!��.�ar a.i..iS:.;.r =tar..y,:. .,. . ... ..,. _ .,.y:,✓ i» t s .J.; '� ar, ��, y i .; ����k`�.y3,t:�-+r °f'"-c, 'yV' - !7}to {ltt Eke # ���kt '„ar1tart jj t� +i r` fit.' 5,i it ��d3f•cF��e:�i��'.vF f tF,{{}n,ii�a�.dk C __�': ' '',:. �” ,., n,:. ' , ,:a{ a s�;t .�' �av7 �A+-+wui}�+wsc'wwawae'w�r�t �alotWM z; t s t /��O• � i f IV CCO.FORM: TC5 , .,jlpproved: 1/92 (KR) Project No. M ' Revised: 8/96 (RMH j 018-X017 x Modified: MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ( NONURGANIZED AREA PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT AGREEMENT � 1 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 a grant of funds made available, to the Commission under Chapter 53 (5311) of Title 49, United States r Qqdle,t herein referred to as 5311 to defray a portion of the .costs of a general public transportation project carried out by the Grantee; and i { „ WHEREAS, pursuant to H.B. 1004 of the 88th General Assembly, 2nd Regular 3 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 r , = the.Grantee with the understanding that such funds will be used for projects pursuant to. r f this Agreement f6r the purposes specified in the Grantee's application for 5311 assistance. (Appendix A) I NOW, THEREFORE, in consideration of these mutual covenants, promises, and". representations the parties agree as follows: r (1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is yY tov assist he Grantee in financing the project's expenses that are eligible for federal x4' s ' t `;inanclai assistance. f t f rx,t (A)" Net Operating Cost Net operating. .cost is the. total cost of � r a eration less revenues rece ti �' ived from the service provided: Such net operating cost is t¢ f! ;es0 ted to be the.:amount determined fro m.the Grantee's projected operating budget s :(Appendix B). 1. 1: rt Ile t �S•*4��,1�w �1���.�1 r .'SSA f s F r ' �{} >:y ; �y��?,irhsl{�i.?rm' f�j'4 y,�y t s'� •y ' f -' 7 .a: t� t• . r 4. 11 k,�IF dY j#1 j h Fi"t .) t t �tt�N'dl1' `1� i , S (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 9040.16 dated July 1, 1988, 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) t` 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 Fw 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: �I.. c . (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. l + (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 s t ,proportiional amount of the fair market value, if any, of the':property, which shall be i; de#ermined on the.basis of the ratio of the grant made.by the Commission to the actual . vf{ co st of the projetl' . ; (E) Fair market value shall be deemed to be the.value of the property ' as determine by competent appraisal at the :time of such withdrawal from use or f ;;, tt rn6siase, or. the net proceeds from public sale, whichever is approved by the Commission. , 1 Y I S L 1 1 1 )k t .t �. i r l t (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 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. y su y (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. j (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 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, 1997, to October 31, 1998. (5} DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or their representative the chief engineer. ' f (6) LABOR PROTECTION: (A) The Grantee agrees to accept and abide by the terms and { conditions of Chapter 53 j(5333(b)] of Title 49, United States Code, as amended, atiserit a waiver by the United States Department of Labor. J 1 The Grantee agrees that it is the exclusive party responsible under r' I the-terms-of the special 5333(b) warranty and that the State,of Missouri, acting through , r the`?Commission, assumes no obligation under the terms of the special 5333(b) f warranty. ter r i , (C) The Grantee shall be solely financially responsible: for the lication of the conditions of 5333(b). 1F, {; (T) AUDITS INSPECTION AND RETENTION OF RECORDS: The Gornrnission and I the United States Department of, Transportation, or any of their }' L representatives, shall have full access to and the right'to examine, during `normal r r busi�ress hours„and as often as the Commission or the United States Departmen# of f Transportation deems necessary at no charge to the Commission and/or its designees -3- 4. 1 C } 1 .. tl et 3111 k , vN 3 . 4;n rI ? Kid♦ 1 Y' , a V Y 'S k 'r F t: or representatives, all of the Grantee's records with respect to all matters covered by e e audit under the guidelines of, - this. contract. Such representatives shall b permitted to t g OMB Circular A-128 "Audits of State and Local Governments," or OMB Circular A-133, �. : .. "Audits of Institutions of Nigher. Education and Other Nonprofit Institutions," examine i 1 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 i 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 frorn the date of final payment to facilitate any audits or inspections. (8) PROPERTY MANAGEMENT STANDARDS: The Grantee's services ,e. rendered and reimbursable expenses incurred shall be those allowable under the Common rule, 49 CFR Part 18, and FTA Circular 4220.1 B. (Third Party Contracting Guidelines). rvr , (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. i (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 i 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 f ' section by:submitting a copy of its certificate of insurance, or.if self,insured, a copy of its self-insurance plan. i (11). INDEMNIFICATION: The Grantee shall be responsible for injury or:, 5� r ;.damages as a result of any services and/or goods rendered under the terms and r>�, 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, t :auffgred as a result of the Grantee performance under this Agreement, the Grantee assume the, obligation to save harmless the Commission, including its agents, { s f ; : 11employees and assigns, and to indemnify the Commission, including its agents, r ;` employees and assigns, from every expense, liability or payment arising out of such r s' f wrongful or negligent act or.omission, including legal fees. The Grantee.also agrees to ; �, t „hold harmless the Commission, including its agents, employees and assigns, from any y rRirongful 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 4 ;Agreement, and to indemnify the Commission, including its agents, employees and ` 4 01 L +7 P 7 tsi { . gyp 1 +'u1i assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. I (12) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Grantee agrees as follows: (A) Civil Rights Statutes: The Grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 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. (S) 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. i ' (d ) 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 r ( F Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. ([�) Nondiscrimination: The Grantee shall not discriminate on grounds of,the race, color, religion, creed, sex, disability, national origin, age or ancestry of any i indI'vidual 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: } t1r (E) Solicitations for Subcontracts. In "din Procurements of Material gird Eouloment: These assurances concerning nondiscrimination' also apply to subbbritractors and suppliers of the Grantee. These apply to all solicitations either by c m titive biddin or negotiation made b the Grantee for work to be erformed under F� 9. e9 Y p } a subcontract including procurement of materials or. equipment. Each potential ; �.isub ontractor or supplier. shall be notified by the Grantee of the requirenjents.•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. . 5X r'�F�{z .Y'^° •+lYt F wN.M4711. 1"i§'S�xt ti°L"'? `�t�3'1?i YF q :. r ,. ..y,t.c..-+.,r 7iw$•rd.,ihk' .iYU�a,.;.��yy��'--.,,.jjy } � ' " k �� �WI�1�aY '�t S y ;.f•1 t. 'rt a cr a R�It�'pllI �"Ifli r�s' t'_s c. .kh ., ._1wv,•.rj-4+ ,rro- i 1 (F) Information and Reports: The Grantee shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant d will permit access to its books records accounts, other sources of �..,� thereto, an p , 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 r Transportation as appropriate and shall set forth what efforts it has made to obtain the w. �. . information. (G) Sanctions for Noncompliance: In the event the Grantee falls 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: I 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 orp provisions of paragraph 1Z 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 Commissioh 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 i �t . such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. ` s (13) SECTION 504 ASSURANCES AND THE AMERICANS WITH 311 DISABILITIES ACT OF 1990: The, Grantee shall' comply with all! the requirements ^\; i rmpo?sed by the United States Department of Transportation .regulations implementing , �`;r << the Rehabilitation pct of 1873, as:amended, and the Americans with Disabilities Act of 199(D:(and any.subsequent amendments thereto) set forth in CFR Parts 27, 37 'a'n' d 38 as well as all applicablz'regulations and directives issued pursuant thereto by other t Federal Departments or=agencies.' z tl{ y; (14): DISADVANTAGED BUSINESS ENTERPRISE: The Grantee agrees to !` n :prepare :and submit for' Commission approval a Disadvantaged Business Enterprise ;plan as Aefined.in 49 t FR,Part 23 dated July 21,1983, if the Grantee receives a total of. r I i l t h r y Y 4 ''OlYptY*` lj a , t N t€k ; 11 a��tr st ✓ . 1�11MMl�l�IL➢1fdM�11l1G�sla[n7ast�Rnar•�rr� � n�aee� .a...esa�' _' __� ,�t'._�.t.:.:;t�i , ,f 5 $250,000 or more of financial assistance from the United States Department of 'Transportation, Federal Transit.Administration. , , y ( . (15) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No i 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 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 in the project 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 6 hours in any one service day. The Grantee shall not engage in school bus operations exclusively for the ' transportation of students and school personnel in competition with private school bus ' 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 rreimburse the Grantee for 50% of the net operating cost described in paragraph (1)(a) „ } ►`` of Phis Agreement; provided, however, in no event shall the total amount reimbursed by i. the Commission for net operating cost exceed the maximum federal share of$272;194. (B) State Funds Reimbursed to the Grantee Pursuant4o H.B. 1004: The E _` ,. Commission, using funds made available from H.B. 1004, shall reimburse the Grantee f a ( . -two Dollars ($ 732for Thi rty-seve n Thousand and Three Hundred Twenty 2). ; - 'i " F2eimbursemeint made, pursuant to H.B. 1004 shall be provided to the :Grantee, ohly for IN « transportation services provided by the Grantee from November 1, 1997, to October 30 1t 998 8), . PAYMENT: Progress,payments, based .upon actual allowable.costs,:for l ,. ; notI]e$*than,one (1month may be made upon receipt of an itemized invoice from ahe 3 . The;itemized invoice shall be reviewed by the Commission prior to payment. rra A retainag8 of five (5) percent of the approved invoice..cost will be.withheld`trorn each t { rgquisitlon.ontil the project Js completed, accepted, and the final audit has been made: 1, Any:.cost5`deemed ineligible for.'reimbursement by the Commission in'accordance;with :,th6 terms of this Agreement shall be deducted from the retainage before final,payment (fir is made. >Any rejected or unaccepted costs shall be bome by the Grantee. -7- 4.l j f 4 .. .. } i t ..• r r it..., n w- 1 .N.p +'iri 71(Y'77 f � rr x. at ��' 3af'� ss.°ca ,•'? is r f t (19) REIMBURSEMENT CONDITIONS: Reimbursement by the Commission 'is subject to the following conditions: f (A) Funds made available to the Commission and Grantee are subject to l' appropriations made by the General Assembly. The maximum Commission payment 3 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 4 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 funds 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. t (C) Reimbursement will be made by the Commission on an incremental basis. Reimbursement is subject to approval by the Commission. All requisition.forms 6 shall tie 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. (2A) . AMENDMENTS: Any change in this Agreement, whether by modification ` or supplementation, roust be accomplished by.a formal.contract amendment signed and approved by the duly authorized representative of the Grantee and the Commission. i tS SUBCONTRACTS: None of the project activities described in appendixes 4 � A or:B shall,be subcontracted without the prior written consent of the Commission. A ? subcontracts shall be subject to, the terms and conditions of this Agreement. The { s Grantee; however, shall remain responsible for the proper completion.of the project ,r notwithstanding`any subcontract. ? (22) TERMINATION: This Agreement may be terminated upon any of the h tIE 3t ,t following conditions: if (A) If,:for any cause, the Grantee shall fail to fulfill in a tirinely and.,., ,` r if the Grantee �hatl violate any. ,Y �, ! proper manner its obligations. under this Agreement, ,o z the, covenants, 'agreements, or stipulations contained herein, the Commission shall Y` S ' ` have the right to terminate.this Agreement if such default or violation is not corrected 1 "4 1 lj�?�,..,;p.v } ..°' ` wrta.*--•s.+s 777 t,v _ �y tyl� eft i tY :Ni ���� �)l t pit �z � s vt r Y } e .•i ..ri as 0 J .a t within twenty (20) days after written notice is sent to the Grantee describing such F : default or violation. (B) The Commission may terminate this Agreement without recourse in the event that Y for an reason, federal funds are not appropriated, allotted, or available to the Commission for the purpose of meeting the Commissions obligation hereunder. The Commission will provide written notice of such termination to the Grantee at least , five (5) days prior to the effective date of termination. ` (C) Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least forty-five (45) days in advance of such termination date. (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 K the detailed costs} revenues and actual operating loss, when applicable, to the 5311 I 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 b�� the Federal Transit Administration and the United States Department of _, Transportation, and upon federal funds being allocated to, and approved, for the project. 4 (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 s , of any breach of covenants, or any default which may.exist on the part of the Grantee Mfrs it end 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. s i (26) SECURITY: The Grantee agrees that upon purchase with funds provided t, t„ ? under this Agreement of any equipment for which a title certificate may be obtained or ': lr ' , is"required under the lags of Missouri that the Grantee will execute such documents as Y`r sti may he necessary to protect and secure a lien upon such equipment.in' favor of the re nested b the Commission. Any.and all fees required to be pa'id T M w k Commission, if so q Y to secure and maintain said lien shall be paid by the Grantee. S FOR PROVIDERS OF TRANSIT SERVICE The:' (27) CONTRACT,. 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 rx y r. prospective bidders. The Commission will concur in award of bid by the Grantee prioP ? to the execution of this Agreement between the Grantee or any bidder. t nF i c t t�r f:PEp i • � ,r.✓t 1q .. 1 { t f t { nF .�_.,..��._ ._ ._ �._ L � _ ,. a .«....:r ...,.co,,,R„,.. .31145, t>.r.. ,1..,., .)• (28) BUY AMERICA: The Grantee agrees to abide by the provision of the Buy * f America requirements of the 49 CFR Part 661. i f5 (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 GQVERN: 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 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 ' 1 g his Agreement. For breach or violation of this warranty, ty, ' 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 a mount 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. eyr a a +f a Y (35) CONFIDENTIALITY: The Grantee shall not disclose to .third parties `t x a confidential factual matter provided by the Commission except as may be r aired required'by Vii„ a i p Y eq y . i ` statute; ordinance, or order of court or as authorized by the Commission. The,.Giantee 3 notify the Commission immediately of any request for such information. •' +t�,�z,1 , (36) DRUG AND ALCOHOL TESTING: The Grantee agrees to :accept;and � t .. i. abide*..by the terms and col ditions of 46 CFR Perts 40 } '., , 651 and.653 mandat�ng .dru ,' alcohol testing. ,In the evert the Commission agrees to subsidize #he,cost of such ;xtesfinq the Commission does;not agree to accept liability,for damages or injury,ceused ` '' to Grantee, Grantee's agent or third parties: Grantee agrees'co indemnify and bald the f commission harmless for damages and injuries resulting from actions of the'Grantee Grantee's agents. t>{ t , 10- a =f 1 Y # �rfl `icoert�o ` �:�f`a.�n,»,e ..f.., +.t".n. _ ' 71 ,r, 1 vti��_. •.lu<vf�5a;.teY jell, 1 Z ' y' (37) RESTRICTION ON LOBBYING: The Grantee agrees to abide .with the requirements of Section 1352 of Title 31, U.S.C. IN WITNESS WHEREOF, the parties have entered into this Agreement on the i last date written below. f + Executed by Grantee this day of� i � , 19 Executed by the Commission this .5"'ay of A)oU en, 1997 f + MISSOURI HIGHWAY AND � I TRANSPORTATION COMMISSION GRANTEE t` By By 1"itio D�rtv Title M A-V 1� -Chief�r��- ; ` Attest; Attest. t By �� By ' i Secretary to the Commission Title r ;y Approved as to Form: �. App Fo i X LSYr y; f Y C;flrnmissionCounsel ' Ity U"nselor h A ] t R ) { 4r if 5 f X3,1( r s'SL tc ''i' t rfr. k1 {, lL' i'�tt9'y`.F`L"d�' . `'?: s ( f' :} t1 ff^ �irt y i��cft{ �.-...Y��,��[k�r` ��:�3�I?aFiS+"x'?�Y�z,�.'��`''k? sr r.,�. 't 5; r,... �. �}s } .��•.'a., t rs,,_r:�-� ..ic,,;:.4};{ '.i. ' _L:� I 4� .4+��.� J �A o A s ' AiPFLfCATION FOR SECTION 5311 ASSISTANCE rlrar `- FROJECT PERIOD (November 1, 1997 thru October 31, 1998) 1 DATE: September tember 2, 1997 APPLICANT'S NAME: City of Jefferson. CONTACT PERSON: Tom Hood s SY'RWr ADDRESS: 320 E. McCarty Street P.O. BOX Cffy, STATE, ZIP: Jefferson City, MO 65101 COUNTY: Cole RHONE NUMBER: (573) 634-6479 General description of project: The Jefferson City Transit e TransittS stemmvides fixed public transportation within the City linuts of Jefferson City. Y P tripper route, park and ride, shuttle and curb-to-curb dial-a-ride Para 0�aim tared 5 30 transportation m.s Durin Te stem operates Moc�day through Friday between the hours of ?. P the winter, fall and rin peak hours a total of eighteen buses are operated as follows: seven fixe ., gg route coaches, two shuttle route coaches, six tripper route school type buses, and three modified vehicles with lifts used to provide paratransit Handi-Wheels" service. De artment of Public Works with 'Tl�e administration of the system is provided through the City's p ` assistance from the City's Finance Department,with overall project management done by the Transit Division Director. At the present time, the Director of Public bookkeeping acts s and chief purchasing.istrator of the Transit Division. The Finance Department assists Transit S stem buses will travel approximately 290,000 miles and provide approximately 350,000 unlinked passenger trips this fiscal year. 'Y # The City orks with.several local service agencies to help provide transportation.f® weir employees to two s Y workshop (Capital Projects)�relies on our system to provi a transportation t , workshop facilities: 4 ' TYte.,City is also requesting capital funding for vehicle replacement, equipment purchase and Eacilrty 1M.01,ovements' ' Proposed- ng: Capital Fundi Proposed Operating Funding: ac t��ft p P , Federal $318,268.00 8,300.00': Local $374,251.00 TOTAL $748,502.00 , 4 ltt (41 Ail thorized Official ` Thomas E:Hood f� , f Transit Division Director , - { r£1�tiY.arr` 5 t'Y r Y w .8 , OPERATING SUMMARY ,DESCRIPTION ` 501.000 SALARIES 501.01 O DRIVERS SALARIES �. , $346,718.00 501.020 DISPATCHER SALARIES $18,670.00 t4;: 501.040 OTHER SALARIES, OPERATIONS SUPERVISOR 502.000 FRINGE BENEFIT D OPERATIONS ASSISTANT $46,583.00 j 502.010 FICA $30,716.00 502.020 FRINGE BENEFITS -ALL OTHERS $116,901.00 I 503.000 SERVICES 503.010 C.M. LABOR CHARGE BACK $88,372.00 S 504.000 MATERIALS AND SUPPLIES 504.010 FUEL $66,348.00 504.020 LUBRICANTS $7,410.00 504.030 TIRES AND TUBES $9,500.00 ? 504.040 INVENTORY PURCHASES, PARTS, C.M. $78,000.00 .,,. 504.050 MISC. MATERIALS AND SUPPLIES $5,000.00 506:00 O INSURANCE 506.010 LIABILITY bt �. 506.01.01 AUTO LIABILITY $11,184.00 506.01.02 GENERAL LIABILITY $2,468.00 506.020 OTHER INSURANCE 506.02.01 PROPERTY INSURANCE $2,628.00 ` ` 506.02.02 INLAND MARINE :$336.00 5017.00.0 TAXES ! t 507.02 FUEL STATE TAX $12,870.00 : # TOTAL OPERATING EXPENSES $843,704.00, TOTAL EXPENSES, OPERATING AND ADMINISTRATIVE $976,664.00 y - 530.00 O INELIGIBLE EXPENSES 530.010 2760.00, ` ELIGIBLE OPERATING EXPENSEHARTER EXPENSES $973,904.00 540,.00 R, PASSENGER REVENUE 540.01 R FARE BOX $43,422.00 Y 540.02 R DEMAND RESPONSE $35,130.00 } ; I 540.03 R SCHOOL PASSES $16,660.00 a , 540.04 R SPECIAL $123,900.00 540.05 R GOLDEN PASS " $4,290.00 f ,f 54 1:00 R MISCELLANEOUS REVENUE I ,` } .. .` 541.01 R VEHICLE WASH REIMBURSEMENT $2,000.00 .] 541.02 R INSURANCE CLAIM REFUNDS $0.00 TOTAL FARE BOX AND OTHER REVENUES I `ks t tAPPLIES AGAINST ELIGIBLE EXPENSES t= NOT INCLUDED IN LOCAL SHARE $225;402.00 R r NET PROJECT COST $748,502.40 tw;a x F' LOC,A MATCH @ 50% OF ELIGIBLE LOSS: $344,' , {4. 251 00 5; CYPHER`LOCAL MATCH, COLE COUNTY SPECIAL SERVICES $30,000:00 ; = SECTION:'18 FZ.IND$` 'OF MISSOURI-OPERATING ASSISTANCE PFI3EPARED BY: � omas E. Flood T` sit Division Director f�� , t� °. 1�, �. Mfr( =. .. .. .. ,........ ..,....< < ....- e •, aaY:u.: .� : }t ..�'r S�, by isk ri :: 't ,.. �t��M�.�iv+�fiy$�t� ,�1•�, +,��� a t�+t3 �=,v-,a lic;, EYx,..::T) t ..;V R e t., t .f• w,� .c: _r•.J k. y,1 _ t..&i .r........o..w.mom...• CITY OF JEFFERSON DEPARTMENT OF PUBLIC WORKS TRANSIT DIVISION � PROJECTED OPERATING BUDGET FISCAL YEAR 9798 (NOVEMBER 1, 1997 THRU OCTOBER 31, 1998) ADMINISTRATIVE EXPENSES DESCRIPTION 501.00 A SALARIES 501.01 A. ADMINISTRATIVE SALARIES $53,500.00 -502.00 A FRINGE BENEFITS $2,500.00 502.01 A FICA 502.02 A FRINGE BENEFITS — ALL OTHERS $7,800.00 503.00 A SERVICES 503.02 A PROFESSIONAL SERVICES FEES $400.00 503.04 A ALL OTHER FEES ' 503.04.01 ACCOUNTING EXPENSES $13,000.00 503.04.02 TELEPHONE $3,340,00 503.04.03 BUILDING SECURITY MONITORING $1,500.00 ' 503.04.04 TRA SH PICK-UP $500.00 . : 503.04.05 UNIFORM CLEANING $2,930.00 503.04.06 MSHP CRIMINAL HISTORY CHECK $100.00 504.00 A MATERIALS AND SUPPLIES 504.01 A OFFICE SUPPLIES $1,700.00 ;. 504.02 A OTHER MATERIALS AND SUPPLIES 504.02.01 OPERATIONAL SUPPLIES $2,020.00 ' 504.02.02 BUILDING AND GROUNDS $14,800.00 504.02.03 CLOTHING $6,500.00 t r 5.05.00 A U'T'ILITIES 505.01 A TRANSIT FACILITY ' 505.01.01 LIGHTS AND HEAT $5,004.00 505.01.02 WATER AND SEWER $470.00 `A 50 .OU A : MISCELLANEOUS EXPENSES s ' 509.01 A DUES AND SUBSCRIPTIONS $1,400.00 509.02 A TRAVEL AND MEETINGS $2,000.00 #� 509.03 A ADVERTISING AND PROMOTION $7,00 .00 , 509.04 A OTHER EXPENSES ' ''"r' 509.04.01 TRAINING AND EDUCATION $2,620 00; ' 509.04.02 POSTAGE $560 00 F3 509.04.03 PRINTING $2,120 00 ..7 509:04.04 MEDICALS $1,200 00 $132, .60:960. TOTAL AIf:.AMINISTRATIVE EXPENSES' ' 3 p r y ry, °' " � r d H�L t o"f C '.�t r l z{ c i 5c- 3