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HomeMy Public PortalAboutORD12050 BILL NO. SPONSORED BY COUNCILMAN Haake ORDINANCE N0. 12050 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY'CLERK TO EXECUTE AN AGREEMENT WITH THE USSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A SECTION 18(I) GRANT FOR INTER-CITY BUS SERVICE. BE IT ENACTED BY THE COUNCIL'OF THE CITY OF JEFFERSON FOLLOWS: , MISSOURI, AS Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Missouri Highway and Transportation Commission for a Section 18 Grant. The City's portion of the grant shall not exceed $4,000. ection 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. ection 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: , Approved: '� y a Presidi fficer Ma ATTEST: City Clerk y . .: ..x .. a.•.: _:... .... .. y y P:,.r.�,,. .u. ...... .. r:r' .�_,.,•(�. a t,.3'- ..�..,P^•,ti>;�1p` _....>.'.�i +".:�i. ,-7 SY...:..,.x•,:.+ .. _ r ... ..� ..__. _ :,gyp •.i� �t. l Jfi Missouri and wAYNE �URI Highway Chlel Englnaer $' Transportation Department 'q CApIT01&E.AT JEFFERSON$T., P.O. Box 270,JEIfERSON CITY, MO 65102(314)751.2551 FAX(314)7$1.6555 April 26, 1994 The Honorable Louise Gardner Mayor 320 East McCarty Street Jefferson City, Missouri 65101 rF . Dear Mayor Gardner: Enclosed is an executed agreement between the Missouri Highway and Transportation Commission and Jefferson City, Missouri, to assist in subsidizing the intercity bus service provided by Show- Me Coaches . This contract commits $9, 500 in Section 18 operating funds for this intercity bus project . Please retain all records on this project under grant number MO-18-X013 . We look forward to working with you and your staff on this project. ' Sincerely, � Y P_ 4A Z,1 S1 `» Linda Stepenoff Transit Operations Specialist ss , ' c Enclosures . I TOUR MISSION k TO PROVIdE A gatthy YmNspmrA►JoN SysTEM►NAT RESPONdS►O MJfsOURIANS,dmNdS ANd ENHANCES►{1E S►ATE'S gROWTh ANd PROSPERIr: '.f .� ,: •�! Nt}'_:_'� `. � 1.r�e 3'+�4.'Viia.a�;,� ,.sy<tQ1� v �I•.�- `r +. `� 'Y .� i�'' Hp�rl�.•ltty. li!;yr-• ( �t j ` r} �.v(;:�� `"� u.?y�r .a r`}f�'`{ t t "`��}. za..i^ r yaf rjiar t{, / z',nc�v:.. ,o A .5, .�r tfl��,`xY"'� w{�". tq+'wR�' •rte {r r 7 � or., a��,�i.°''� fJA'te�"tf f s5��$� 4,v.:� k+,r"t ;� f +.i x3t�1T1sJ3 t �'j 1 � t � 1'• CCO FORM: TC5 Project NO.MO18-X013 Approved: 1992 (KR) Revised: 2/94 (MLH) Modified: MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION NONURBANIZED AREA PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT AGREEMENT p >~n This Grant Agreement is entered into by the Missouri Highway and Transportation the Commission (hereinafter the Commission) and the city of Jefferson (hereinafter ' Grantee). Y WITNESSETH: .r.1 WHEREAS, the Grantee has applied to the Commission for a grant of funds made available to the Commission under Section 18 of the Federal Transit Act, as amended to defray a portion of the costs of a general public transportation project carried out by x> Grantee; and 1{ 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 1k, this Agreement for the purposes specified in the Grantee's application for Section 18 assistance (Attached as appendix A). 3 NOW THEREFORE, in consideration of these mutual covenants, promises, and A representations, the parties agree as follows: (1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is to assist the Grantee in financing the project's expenses that are eligible for federal . financial assistance. (A) Net Operating Cost: Net operating cost is the total cost of operation less revenues received from the service provided. Such net operating cost is estimated ;;. to be the amount determined from the Grantee's projected operating budget (attached as part of appendix 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 U.S. Department of Transportation as contained in the Federal _ Transit Administration Circular 9040.113 dated July 1, 1988, and any other regulations 't pursuant to the Federal Transit Act, as amended (49 U.S.C. 1614). 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 the Agreement, to pa the actual operating cost. The operating portion of the grant under this Agreement will not exceed 50%of the actual operating cost. P g (2) SCOPE OF WORK AND BUDGE[: 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: The project facilities and equipment shall be used to provide general public mass transportation service E .R�C�i;i r"�.�i��'�' v' �'{�' ✓ �t rtY � fi.a ; [';' S, ', i� t .•Y` trk '+'i J` £"( `��>� �* ,�.y.�v,9 �,.,ltd' ;�y iY:},fF�,cY. r ', .�'' '5.+�7,g��f���y, E �s�•,,�} ti 5��� �jhY�# `7��' i`r3 �..• V� f k t"� rK�ti 't'a ;,� }s+.�nyr y.rv.;1 '7r"r+�,,�L Q Sr�v�� fr��i•� • 'NHtS(YSsi1f .: ..i ..': j Y r I�,�t^J ii,' a"�1 ... 19�@�+hwr/Mtyrv;r,.,a,..*.:..J..:..........r......_ ^•: ' `. `, .' t\„ t ;f�'kEi.t 3?�� Y ti*s s �T�.y�t�,: ,,.s., ... .._, ... �yt:sn`�,P{+�5,4.p'aK�S�� NYASr'ttiti ':':.f•s. � ;t.i,+{ Within the Grantee's transportation service area, substantially description a antially as described in the project (appendix A). The Grantee agrees to observe the property .: standards as set forth in OMe Circular ogre Att P j =of ent N, as a achment N, orplg i eullaag -110 appropriate, as now or hereaf►.er amender In order to protect th the U.S. Department of Transportation. ct the Attachment N must be specificall a y approved by the Commission. the requirements of x, any project facilities/equipment are not used in mass transportation service planned withdrawal or casualty I during the period, Commission and shall remit to the Commission a proportional e, whether by ty oss, the Grantee shall immediately notify the �+ value, if any, of the property, which shall be date P o p onal amount of the fair market + >;. grant made by the Commission to the actual cost of the on the basis of the ratio of the be deemed to be the value of the roe project. Fair market value shall a` property rty as determined by competent appraisal ` time of such withdrawal from use or misuse, or the net proceeds whichever is a at the approved by the Commission. In the event of loss due stor from public sale, x : the damages paid by the insurance carrier or payable from the f account shall be considered fair market v casualty or fire, self-insured reserve considered fair market value. value. In no event is salvage value to b® k The Grantee shall keep satisfactory records with and submit to the Commission upon request such information property assure compliance with this section regard to the use of the � as is required m order to '':�� `� � �•y cases in which project facilities/equipmentha shall immediately u notify the Commission in all from that described in the roject description. . . °.` manner substantially different i;�� rr�,�•fi=t'' form satisfactory to the 00 Ject such insurance as : The Grantee shall maintain in amount and project facilities/equi ment throughout the period of required use. ` will be ads ai�:� quate to protect ``` fh also submit to the ommissio period, n at the be The Grants P a certification that the ginning of each calendar a shall :>• : r dar a ar during such accordance with the terms of paragraph 3 of this Agreement an y ' project facilities/equipment are still •�• �`��' contribution to this cost of the project has been refunds being used in d that no part a the local authorized above. d or reduced, except as ' (4) PROJECT TIME PPR�I to February 28, 1995. �' The Project period shall be from March 1 1994 ' (5) DISP TES: An disputes that arise by the Commission or their representative, the Chief Ear this Agreement shall be decided 9 YF, (6) L4BOR PROTECI�-inN: The Grantee agrees to a terms and conditions of Section 13,N: of the Federal accept and abide b the waiver by the U.S. Department of Lbor, Transit Act, as amends y d, absent a The Grantee agrees that it is the exclusive the Special Section 13(c) Warranty and that N'�ate rty responsible under the terms Commission, assumes no obligation under the of Missouri, acting through of � Warranty, the terms of the Special Sectiongl3(c) The Grantee shall be solely financially responsible for conditions of Section 13(c), the � application of the (7) AUDITS INSPECTION AND and the United States Department of Tran portaNa��or any of their t have full access to and the right to examine, duNn re The C°mm,s hall h the Commission or the U.S. o examine,Department of Tran elf representatives,often r charge to the Commission a 9 normal business hours and as often .. nd or ' sportation deems I records with respect to all matters covered b this contr necessary at no its desl �y��s or representatives, all of the Grantee's be permitted to audit under the guidelines of OMB Circular A-1 Local Governments," or OMB Circular A-133 act' Such representatives shall 28 "Audits r State and �f , Audits of Institutions of Higher Education r 2 s fi,P• ' r,��r '�' tL`T. *d. ! � 1����>~ aerl{ 1.�j"S 7�ti � u 4t n t : 1�y,,.•� „ i" + yr'y,!<S`f.+ ,n ' '�7"jk y�Y �xk'e{ T `` ttfr "yf>,{tli�s �s tat�r T 1 I s s t rFs r ,.�liCf .y 4 1� "'•. L t r F Sza^.'r';.';Sr I}"t,} S'"t [ ts�,a`yr 1F x�iety f ..it x' J��ti .:�2 a s his ....�yr,�' J h'. I tt ;. Ji t { a t `z. idy i a j ,rlt c 4 '�x �f rry fl, t.t. ,V +pf,m!•�jtt2; Ts„r' ti> .,'rt L�r. ,f' �' ;:✓�."sm'}. 'my", ° �y,t.s puc'r'•}%o tat"t7�. 7 F'. t ,, r,tn__yy g Sti•'. „l�t:'•i.'.iSj,{f'�vLr 'ktS.�rP .t{rt.,1,t,.r <e t r. 31 � r .a. +r t rV wy �•. ,{ui Lt� r,, . t Sr �:�j' Z..v�3t,l��ikr ' rrNy..c ki�r4•r r S " X !' • a c� r. ?+ S. y r t 'wr..4,4+W. u..:..m:.z:.......,.. .,_.s,,:,......w• e +stru,ttfi:t' x4 1 .s t r� and Other Nonprofit Institutions," examine and make excerpts cerpts 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 Y 9 g 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 properly; or (c) the end of the project time period t 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 r `i Grantee for three years from the date of final payment to facilitate any audits or l inspections. (8) PRQPERTY MANAGEMENT STANDARDS: The Grantee's services rendered and reimbursable expenses incurred shall be those allowable under the Common rule, 49 CFR Part 18, and FTA Circular 4220.18 (Third Party Contracting Guidelines). � (9) REPORTS: The Grantee shall advise the Commission regarding the progress of the projects at such times and in such a manner as the Commission may J ' require including but not limited to meetings and interim reports. ' •1. '��;'.. Uri'. 7' (10) INSURANCE: The Grantee shall maintain in amount and form satisfactory ` ` f 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 ofx ' purchasing insurance coverage. The Grantee shall verify compliance with this section b y 3,S t t Syc ,- submitting a copy of its certificate of insurance, or if self insured, a copy of its self- w ; 4r ;` insurance plan. ' (11) INDEMNIFICATION: The Grantee shall be responsible for injury ;' rc P or •'9, damages as a result of any services and/or goods rendered under the terms and ke conditions of the Agreement. In addition to the liability imposed upon the Grantee on the account of personal injury, bodily injury; including death or property damage suffered as a result of the Grantee's performance under the Agreement, the Grantee assumes the obligation to save the Commission, including its agents, employees and assigns, harmless and to indemnify the Commission including its agents, employees and assigns ;,. from every expense, liability or payment arising out of such negligent act, including legal fees. The Grantee also agrees to hold the Commission, including its agents, empployees and assigns, harmless from any negligent act or omission committed by an { subcontractor or other person employed by or under the supervision of Grantee for any r purpose under this Agreement. (12) NONDISCRIMINATION ASS RANGE: With regard to work under this . Jj Agreement, the Grantee agrees as follows: �t•:i�v (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, 2000e), as well as any applicable titles of the Americans with Disabilities Act). In addition, the Grantee is A providing services or operating programs on behalf of 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 the executive order executed by the Honorable John Ashcroft, Governor of Missouri, on the thirt y-first (31st) day of August 1987 promulgating a code of fair practices in regard to nondiscrimination, which is incorporated herein by reference and made a part of this contract. This order prohibits discriminatory employment practices by the Grantee or its ` X t _( f�n t ft S �J t .� ! ,� E T+ ^rF' ama a�,r{. ^t*�xi`BS'•d.•.; a ';•. .f,�. .n t z,7}, is t4 Y r E { r ^ ir 't t� wk"t'�i•'K } '.i�. t s .1• t1� +• 'S{f�t} s,'r i � � yla it r ' X. t y. °�Yi' l�e'�t�'� ' r 4r7 � y t�"{�',��..4><� Yt tJl,} i\fy £S 7 ' ��1 a t ryt r; ! Y t7 .:�5 y ai.,{At l��ny���f>'�a.• i «S , '�`'.h'41'FrSititk i VT;.{.j'l«i};"?��. "1F, tr} t{�•. O.,t};� �j,t,b�tt>Sj ,r..2Lr ai t �`t .,xra✓tt7i.lr'« y'tSS k�ir �'s� '. r'2f it'��kl Yc '[Y � !1'S r, F t�{;,r t t• v 'Sy' ',`i x .u 4 f r `(1.Y tkt �! _(§'ti,...r i td'• r�' •�, 'f � �y Y G'h(�' Fi t j k�r E,- � L r Pt{iY'1 .h ;*\� r , i�hr'k r. t- .� .�FrAJ,,"y ,}t Yk��'� .}. ,,. •� ;<� t� rr�:E^, w t r,4 '4 F .r £ h' i t r..;a ! Y � t t s t• x4. k�t i t >Ft'jtf�•b`'�!`Y`�cf "y,YTre'"�r't„t .�a ,r;�;F�ts�• r �.�. � �r..�'�s.S S u'fi A. .+ i' t..,< tltz 4:1;7 r ,�sir.i•,' k+s k r ..�: Yr ta, flit �,r.• :C 1:, a1ti.t r t�yi :L i� rr 'r � N t'F i .t.y�a t � Y 3.7 ?1,; 1%':..,uiSX �, �i' � t �.), •'��. ti, qY,. ,.y ..�.. � „4'�:�:,}�,�;.,4 .�l ,ih,:�,,.,fr G t V!{ r-a t .}}� r..fS tt � S 3 V �'is: d�� F?,k4� r _S �'r1- ';�k,S�< +l I Y- „'i•C yu# 1. , ,� "'+'.A��� ;S7n .hr3. t .1. ylI4:.Y.•1 r ,t!i...a rr c! a! H..7 ., v�`F,.' r �c �kt�,.11tih� fr4`�• (t.a..,Zt�.r� ,'��•t, . it iy Ct rr �Y f'rSPrtj 'j� ta 111 w e (3 ,S J •'` tr � � r'rl Isr S,.�x1 i.__._. ....,..S,s.••.......«m...riio,rrt9t,r;a4xxr.R!4u�^.F�.N .. �,wtA• .'S ,f a i' subcontractors based on race, color, religion, creed, national origin, sex, a Y disability, e or g r y. (C) administrative R ��g : The Grantee shall comply with the F.< administrative rules of the U.S. Department of Transportation relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation Trans <:, • P (49 CFR Subtitle A, Fart 21) which are herein incorporated by reference and made part of this Agreement. (D) Nondiscrimination: The Grantee shall not discriminate on rounds 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 direct) or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5 including employment practices. (E) Solicitations for tr Includin Ep M t r' f t r i an E i ment: These assurances concerning nond s rimination also apply to subcontractors and suppliers of the Grantee. In alb solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract including procurement of materials or equipment, each potential "Y£` subcontractor or supplier shall be notified by the Grantee of the requirements •,,..,. Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, his sex disability 9 ed, ity or national origin, a F, � 9' , ge or ancestry of any individual. } (F) �rmation and RArynrt�; The Grantee shall provide all information ` ' and reports required by the Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources f' information, and its facilities as may be of Department of Transportation to be necessary to ascertain compliance owtheo her 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 th e i Grantee shall so certify to the Commission or the U.S. Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. r (G) r n,on,.,,mpIiancge In the event the Grantee fails to comply with the nondiscrimmation provisions of this Agreement, the Commission shall impose such contract sanctions as it or the U.S. Department of Transportation ma determine to be appropriate, including but not limited to: y 1• Withholding of payments to grantee under the Agreement Y until the Grantee complies; and/or 2• Cancellation, termination or suspension of the Agreement, in whole or in part, or both. (H) I�corooration of Provision; provisions of paragraph 12 of this Agreement in every subcontract, elude the 4 procurements of materials and leases of equipment, unless exempted by the statutes y executive order, administrative rules or instructions issued by the Commission or the ' U.S. Department of Transportation. The Grantee will take such action with respect t any subcontract or procurement as the Commission or the U.S. Department of Transportation may direct as means of enforcing such provisions, includin sanctions noncompliance, g ns for 4 ; provided that in the event the Grantee becomes involved or is "d threatened with litigation with a subcontractor or supplier as a the Grantee may request the United States to enter into such rliti a of such direction, = interests of the United States. gation to protect the 4 4 4 1 5 ( ft.litr�gj S4{ `xnd k y i t N:.`#...... r tt 4°'c{ijls} t. .i t tit 1yt j t ji f �%;idfrN,�,ix"�, t� �s �}(' t �", '..�'. r 1 r tL 4 JL r .•1 t r, i t , t� (�. , f°�" � '� ��"'t '*./+3:.��.i,�i•, {' ..t t+ 6 t f r ,r;r�,.;, r t It: . , 1 i t;•(t}i i{, �tiAs�,.^,��,, .dr.. 7„3. ''i”, ���{{;x x.. d., +�. 3 1•r: „i t.i, ` , tc.i:.� ',r.. t-° 1 t t,r rrr' `.''S' `}. .} t`{d tr 'i3 y4�"`,}tt sr'� •�ss s h C �, 5i r ..1,. + t t r1 {1 r T r- pia fi •` 9 y � ' {, ris.l'. *- _ s +. r i'lq. �t��y,i}�.Y+` ,•t�{i� rrt ',��t?rys;�'i� •;' wy rd '$ t%' •wi^ra° '1` �tf�� sr l.l:Y '` sW !'.,-r,t �..x,,,'„+x i .,a 3 �t �, .fix. . :a`sr��t Rt•tZxs ry'. y„� ,. ., i tLf=�.r - � r .T- .t}�x�” d � Ty�y "}i'� s� ix ? �„ �r�c. c 1 4 r•,,jj* .i�. t L�+•_ p.tj a �t. ..I � "�.S 1'�*'y} 'f`r•,l�i � 1 J 1xsrFl'�s.+i� !��r � �X <$� � 'i` i�}• �;. s� K t, (13) SECTION 504 ASSURANCES AND THE AMERICANS WITH-DIS6BtLITIM `1;Fi:�ix ef/Yla . ,y z-• z:f'= f ACT OF 1990. The Grantee shall comply with all the requirements imposed by the U.S. 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 ursuant thereto b agencies. p y other Federal Departments or (14) DISADVANTAGED BUSINESS F,NTERPRISE: The Grantee agrees to prepare and submit for the Commission approval a Disadvantaged Business Enterprise .k 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 U.S. Department of Transportation, Federal Transit Administration. (15) INTEREST OF MEMBERS OF DELEGATES TO CONGRESS: No member of or delegate to the Congress of the United States shall be admitted to any "u share or part of this contract or to any benefit arising therefrom. rr�r is fr (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 Section 18 assistance (appendix A) with equipment purchased with +' project funds. Within the service area, charter and sightseeing services may only be L 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 y� 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. 11; 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: Net O orating Cost: The Commission, using funds made available to it from the grant made to it by the U.S. Department of Transportation, shall reimburse Grantee for 50% of the net operating cost described in paragraph (1)(a) of this Agreement; provided, however, in no event shall the total amount reimbursed b the Commission for net operating cost exceed the maximum federal share of$9,500. Y (18) PAYMENT: Progress payments, based upon actual allowable costs, for '.j not less than one (1) month may be made upon receipt of an itemized invoice from the µt Grantee. The itemized invoice shall be reviewed by the Commission prior to payment. A _ retainage of five (5) percent of the approved invoice cost will be withheld from each ` 9 requisition until the project is completed, accepted, and the final audit has been made. Any costs deemed ineligible for reimbursement by the Commission in accordance with the terms of this Agreement shall be deducted from the retainage before final payment is E` made. Any rejected or unaccepted costs shall be borne by the Grantee. , (19) REIMBURSEMENT CONDITIONS: Reimbursement by the Commission is subject to the following conditions: (i (A) 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, 5 .r., ;�.:;au4:. "S: Gd -; fvid'�i,�` r ri},"`%+'",+ ' '";a,°.� ,,,'r•y; n ;,,yrt""`rw;a.;"'.!a. ..t+;�r.•i •gs;.tnr f n Y s �, z r�S• 5"ti"i i'�. ° y a t 'al n u ld t r""� 4 e `'x`F' a I �, M- �, ��• r k �'�na `�t�n�yp t W•nt I5 t y t1 1t k h kr�. { t .tjly, {a5t sit 7{t + tjy • a �' ?1 rct a,� t' 5''F 7S G t drtjSt�tt^ro S'1 p� t it et rr ! >Fr rs �t is y� , 1 4 J t r Sr t,JfI a K i.t,➢{ h'ryFt j'r{Xhif .a 3 t o� t•� . r{ �•G x�+rc ��}�: F§'�,i}1 � ?Ti1( �#xl't ICl .1 f�} Jr[k t?YdY flX{s�i+4���''� !t � x� •.£'r��Yx�� R � :�u b.tt:� �a 4f l: � � i{a�} J t 2'� F �,.�p �{..'/ik.. .) N xi'�. � F � t ° r�� i .tiaz to rr`.ar t t t t°1 is�r tit?•5. r Xh p+`k�}; r � q4, x ?i�K �t '` t'i Yw r is t^t� 4 k�y'�•j u .•r ' :� ttt,s�}�;te' �� �t�";fit#a�r�+ ��,.t,,�! p 'i ��' j>���} `t�a�`� "��l}15.r't� � ark" :s {,.n ��.. i� Xf ' �'`tT a#,4?KN1�,X�• r�t",4��j���t}'tN �t'�r`J�,tl�'7'�j.'j��'�,,� �i �T.4s���� if�t t���^ �°Ji}�i�l ^+rt ex w.. �� fya��F 2X� c`;ii "4'r t s..�+-• S J.f�ty�"��•t s. t,kt t'Ya\t�\'n�`t 1. .t� i r:ti 31�t�` 't�• ,��t'Y}it{�'rS�'`.P�i1 �Xi �T��ttrg�1.���rp{ ;:d+1+ kt,at` s .7 r '�: . .a •y...t'.l. ��}Itt .t �4.��.'� f j _'�r ) r; air : G t acG"'`✓""SA`d t.y rr 'ri '1�1'`�(v p,a '� .. t jr! ,y; � ! J/,, t h a n.t ;j w z;59 } %r L+ j ri v,. e `e ✓,y`: ;v f .ti��t A:S ' j� d i�� .%' •b bt�C 5 rxY4tYG�.�54 CC l k a.t�3 e £{ tt',?> r , � as � .9 sFxt.,. kx: k �: °f •S � gyy� >, ` t fm xra s ti f r dti '&' t`'� .• ' .inA3 . n. .) r .�{ 1, is t�.a1�'abt •l!L ti..�ixt?� i16'.r ry i4: v S i':f,•id7 ha Y �,2x{�d e (B) Reimbursement will be made by the Commission on an incremental ns basis. Reimbursement is subiect to approval by the Commission. All requisition forms x'° y= shall be in an appropriate format approved by the Commission. q be in accordance withtheiapp ovedrequesting pojei ctt operating budget(appendix operating expenses shall ( PP ) n,. (D) Requisitions requesting reimbursement for capital expenses shall be '}( in accordance with the approved estimated capital project budget (appendix B). �rionrmission.to or after the The project period. be reimbursed actviti for conducted incurred y RT (20) AMENDMENTS: Any change in the Agreement, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Grantee and the Commission. tf' A or (21) SUBCONTRACU: None of the project activities described in appendixes .A B shall be subcontracted without the prior written consent of the Commission. All subcontracts shall be subject to the terms and conditions of this Agreement. The {� Grantee, however, shall remain responsible for the proper completion of the project } notwithstanding any subcontract. (22. TERMINATIO N TERMINATION: This Agreement may be terminated upon any of the following conditions: a t; : (A) If, by any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Grantee shall violate any of the covenants, Agreements, or stipulations contained herein, the Commission shall have the right to terminate this Agreement if such default or violation is not corrected within twenty ` (20) days after written notice is sent to the Grantee describing such default or violation. (B) The Commission may terminate this Agreement without recourse in the event that, for any reason, federal funds are not appropriated, allotted, or available to a , 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) ,yr days prior to the effective date of termination. t ,:. (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 s 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 (if 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 Section 18 '4 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 i financial assistance in the project is contingent upon this Agreement being approved by the Federal Transit Administration and the U.S. Department of Transportation, and upon x federal funds being allocated to, and approved, for the project. {s 6 }�''•'4 7r}�t7' i y v z• + t?a(': �tj,:x6�'d,5j k i (1r kr aAat lurr` bu.krye C'i i Via` +,}?1. 'F '/y. .i•1. j1{'' [.yy;;.. Nqa y fi t r t aw r+ f� '}y} �" r °M 4 J63j? T�,,,tt M'Ft r `�`kr"� 1 x t � •t �yn� pYri�"•.a{k j�Iirj Pli`71° y� .$fi k�i✓ �Ct ��4 f '�,`` ;.=. .'0 v � C L'Of 'k�r :r.vt � ,.1,, itxj$�r � �4 tt xhr. .'t f�'..•.SYiN �.v;t °¢s..m �.' AS„ � j a'�t.�,p..}Sd .; tr;niy� h"�'„��'r��''F�t �¢�+y�t roi.ili+•f�` s }V 0t"W .' .i• „ 'I t� .Sn lax` t P' d rte" .p �­2,P, :,t i lop iyf gi 115-- (25) I F In no event Shall payment of grant funds to the Grantee by the 'orn Mission constitute or be construed as a waiver by the Commission of any breach Of covenants, or any default which may exist on the Part of the Grantee and the making of any such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission with the respect to Such breach or default. 6) I Agreement The Grantee agrees that upon Purchases with funds provided under t� Is greement 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 `T may be necessary to protect and s6curo 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) CONTRA reserves the right to review and concur in the Grantee's s pecifications and The Commission advertisements r transit and professional services contracts prior to submission to prospective bidders. The Commission will concur in award of bid by Grantee prior to execution of reement between the Grantee or any bidder. (28) The Grantee agrees to abide by the Provision of the Buy --------America requirements of the Federal Transit Act, as amended, and applicable federal regulations (49 CFR Part 661). (29) M . ....... The CO mmission's chief engineer is designated as the C Commissions representative for the purpose of administering the r ' provisions of this Agreement including amendments to the Agreement (30) The Grantee shall not assign or delegate any interest in the or novation, without the prior written consent of the Commission. �V y assignment Agreement and shall not transfer any interest in the Agreement, whether b (31) WA LAW 3: The Grantee and its subcontractors shall pay the prevailing hourly rate of wages for each craft or type Of workmen required to execute this project they shall further comply in every respect with the minimum wage laws Missouri 1 ri, work as determined by the Department of Labor and Industrial Relations Of M ssou and to and govern this Agreement also for such work which is or Of and the United States. Federal wage rates under the Davis-Bacon or other federal acts apply accord with 29 CFR Part 5. Thus, this Agreement is at the Jobsftb, in subject to the 'Work Hours Act of 1962" Public Law 87-581, 76 Stat. 357, as amended,saun its implementing regulations. The drantee shall take the acts which may be required to fully inform itself of the terms of, and to comply with, state and federal laws. (3 2) I_A ing to t M' accord the�Ia;ws�,oRf,_ Gran greement shall be construed nhe state of Missouri. The ee shall ComAgree y h all local, state and federal laws and regulations relating to the performance of the ment. (33) YEWE: It is agreed by the parties that any action at law, suit in equit or other dicial proceeding to enforce or construe this Agreement, or respecting its alle6ed breac�, shall be instituted only in the Circuit Court of Cole County, Missouri. Y (34) NON MUD The Grantee warrants that it has not employed or retained any Company or person, other than a bona fide employee working for Contractor, 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, percenta rokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this 7 1 �l+N.%t �`$�l. �� ��,4�f t"'{'`rtE. k M1�u� t 7 t`�.r' 4,�r r s ,a j�"f a .—.cr'^'r"'� t—�k4 ' � , ,�fi{7��` �i �� r . c •i } ' 7 i ` g '3"'",7 ' 4r - , J r �'x M' ' �. �'t�'.a � .�awld:p''�rt' °ptM�'±'�,` t'•/f�rR- S'�S�y".''NN. " .�"t.. }[N"KSF,�y. ,�t' '"�1 uy 1+ i warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokers a fee, ISe ^I contingent fee. 9 , g s, or (35) t The erms and conditions of t�,L souri Highway and Transportation Grantee rrtmentts Section iS State Management Plan ncorpor ated herein by reference. Section confidential factual matter IALI Y. The Grantee shall not disclose to third parties statute, ordinance, or order of of the by or as Commission authorized except y the Com e i required he by Grantee shall notify the Commission immediately of any request for such information.Th IN WITNESS WHEREOF, the parties have entered Into this Agreement on the last date written below. Executed by Grantee this day of , 1994. Executed by the Commission this ay of 1994. MISSOURI HIGHWAY AND TR7:SFURT ION COMMISSION GRANTEE By � By. Title Assi�rd Chief E mer Title Attest: Attest: Secretary to the Commission By Title Approved as to Form: Comm Sion counsel Ordinance No. P:\ecs Emil=, SEEN= F n rtr;,. fit' •, i,:. ...� � t r n: �'i ,.. w '.5>., rt;ht �,r i ,-)f�i . _.. .__•�.. `,:, ..tart ' ,.1.. # .. ;:��..` •y,...rc ' 1' r.,.... .'_+, .rKW..3t"r .. .. •_ �.. • ��; r ,{. 1f e V :�,� �'�iAg2 x. 1+� q ,., 1 5 '.c � i 'f' f9q � + j ; -4 Sf i x � 5�� � ,f'pi'1Ni.<�y t� r•k�• x� a ' t7'.,'+ i� A •''' �,�;"kCp,��tT Y"G ���l�Frj�) � ,� �'7s. b.� iF ����,`���xr `rd�tP+.u'L7.i. {:s:.t;•.{:�'+x iv,1�,�?r.'x tt � 'yc, �4 x £ APPLICATION FOR SECTION 18 ASSISTANCE r �. FROM 031Oi� 2 to 02/28/1995 January DATE: Y 25, 1994 STATE PROJECT NUMBER: `> Applicants Name: City of Jefferson Contact Person r�. Street Address: 320 E. McCarty Martin A. Brose Director P.O. Box: Public Works ' City: Jefferson City, MO Phone: Zip Code: 65101 (314) 634-6450 z .;� County: Cole 1'"sq General description of the Project: The City proposes to subsidize (if necessary) the inter-city bus route between Springfield, Missouri and Columbia, Missouri. The current provider is SILO-Me Coach Lines, Inc. The owner, Mr. Dale Adkinson of Columbia, NO has requested financial help to, if ws. necessary, defer losses up to $19 000. , The current and proposed schedule provides one bus in the morning and one bus in the evening stopping at cities along the route. A total Al of 12, 000 annual one-way trips are projected during this }; proposed project period. , The City of Jefferson will contract with other cities along the route to provide the local match. Proposed Funding: Federal (Section 18) $ 9, 500 Local $ 9, 500 C TOTAL $ 19, 000 ' Aut ize Offic 1 s U f { .,t Jf. .:3 �"°f, t „yy���/Y`+N+�� "4 '�u"'.' yt�'�?g�?'�U4s�&N�4����A,�4lIW�ra�•.! . .,..:,. APPENT.IX- 8 PROJECTED OPERATIPTG4 BUDGET .� Project Period: p -A,-��to .Febru ary 28 - A• Total Operating Expenses 1• Project Administrative Costs 501.010A Office Salaries 501. 010A Fringes $ 15, 110.00 504.01A Office Supplies 3, 050.00 505. 01 Rent 1, 500.00 505. 01 Telephone 0.00 506. 01 Insurance 660.00 Accounting & Legal Fees 151000.00 Contract Fees Greyhound 1, 500.00 Tags and Taxes 22, 038.00 509.00 Postage and Miscellaneous 11200. 00 600 00 $ 60, 668. 00 / • 2. Project Operating Costs 501. 01 Drivers Salaries 502. 01 Fringe Benefits $ 30,240. 00 503.01 Maintenance (Labor & Parts) 8, 120. 00 504.01 Fuel 3, 600. 00 512. 01 Equipment Lease (2 buses) 17,172. 00 19 .200. 00 $78,332. 00 Total Operating Expenses $139, 000. 00 ' 3. Less Ineligible Expenses $ 0. 00 4. Eligible Operating Expenses $139,000. 00 B. Total Operating Revenue • $120, 000.00 C. Project Cost $ 19, 000.00 Local Share: 50* $9, 500.00 ' Jefferson City $6,000 r Other Cities 3,500 Total Applicant Share $9,500.00 Section 18 Funds Requested „ $9, 500.00 k • 4 7{.xr; �. ✓. . .ti.'. .yf5o l 1x � °d�' v rR '.t ♦ 1, III � (/1 t':,�nr,r •i'Y^p^�w.., .j�11Y. �� f. :'�f?^,1