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Home My Public Portal AboutORD12496 i � I r; BILL NO. 96-49 I SPONSORED BY COUNCILMAN Haake ORDINANCE NO. I dL40 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FORA PUBLIC TRANSIT OPERATING GRANT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS I FOLLOWS: j Section 1. The Mayor and City Clerk are hereby authorized and directed to execute 1 an agreement with the Missouri Highway and Transportation Department for a Public Transit Operating Grant. Section 2. The agreement shall be substantially the same in form and content as ' that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: `� 9�o Approved: ^ /a A, tr: Pr ding cer Mayor ATTEST: APPROVED AS TO F M: ' ity C erk ity Cou r aviw . r ` r ;atrrlsmao-.... .,. ..,.«.....'w,c;ar_......,;: s sue.„R ,.,r,�.wrn'.•,..:n^� 'i'R t`:.Halµ.+ 4i it(wo9,','in "" i`• S 'Std. 5 tt dt' ?r r' t` •"KKi•+>:k 'kc,�r: p. , a . a " S , 7 � y t2;• i ,. . .. '77 N .. r Missouri 105 West Capitol Avenue -~' Department ��" P.O.Box 270 Jefferson ity,,MO 102 516 of Transportation fax(573) 751-6555 Joe Mlckes, chief engineer September 5, 1996 i Ms. Phyllis Powell City Clerk City of Jefferson 320 East McCarty Jefferson City, MO 64102 Dear Ms. Powell: t _ Enclosed is an executed agreement between the Missouri Highway and Transportation Commission and the City of Jefferson to assist in subsidizing your transportation program. This contract commits $55,983 in Public Transit Operating funds for this project. Please retain all records on this project. We look forward to working with you and your staff on this transportation grant. Sincerely, Linda Stepenoff 11 Transit Operations Specialist II mar , i Enclosure i, i.'. ] � 1 'fr 3 s "Our mission is to preserve, enhance and support Missouri's transportation systems." t w .�]�iJY i r .. Ff'PJ 3.nawncwa.ww+.ytianvxt"atwrrc;.ta;:'R,+a::a-m:n::ati v,¢•srors,a. ua'n:,:c:.traus•:...ySx ..r Y '�i S K.�1 : ,,," t r �� '" ¢t�'•.o�trt �. .a_ .:L',`i`>�a;-. a:;..:>i�if;: 'ti �t..rti..,...s,�.�el•u' + It t ` �. f ♦. ,. 7 i r `. r ! t ?. s .! CCO FORM: TC9 Approved: 6/96 (RMH) •„ ;i Revised: Modified: MISSOURI HIGHWAY AND TRANSPORTATION PUBLIC TRANSIT OPERATING COMMISSION ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered Into between the Missouri Highw Transportation Commission (hereinafter, Co hereinafter, "Grantee"). mmission"), and City y and y of Jefferson s WITNESSETH: WHEREAS, the purpose of this q assistance to the Grantee as appropriated greement Is to set forth the conditions upon wich the assistance will be provided; rovide financial to the state transportation fund and to NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations set forth below, the parties agree as follows: transportation Sn SCOPE wh th The Grantee agrees to provide Statement"which is attached hereto and made a general public ter, e 'Public Transportation Budget and Service (2) AMOUNT OF GRANT: part hereof as Attachment A. sum of Fifty-five Thousand Nine The Commission awards the Grantee the during the period of July 1, 1996, to June 30, jgg7 h g Ei ty-three Dollars ($55,983) (3) PERFORMANCE OF AGREEMENT: notify the Commission in writing of any condition or event which affect its ability to perform the activities/project in accordance Grantee shall immediately of this Agreement. with the provisions significantly RE_ CS: COMMISSION'S RIGHT TO INSPECT DOCUMENT S AND AUDIT (A) The Grantee shall submit to the Commission s reports, documents, and other information relating to the Grantee's projects as the Commission may require at any time such data, ntee's activities and i (B) The Commis audit all records of t sion reserves the right to inspect and otherwise he Grantee to determine the status of the by the Grantee. Auditing Standards" Generally accepted auditing standards the Comptroller General of the United States "Government grant funds received shall be used as the audit criteria, and the requirements of (5) THIRD PARTY CONTRACTS: the Commiss A) for review to execution by party,y, the Grantee shall submit s r and approval all contracts for services , t r t i included in the Scope of Work Statement to be provided to the Grantee by a third party. (B) The Commission shall not be liable to contractors or subcontractors of the Grantee or any other person not a party to this agreement in connection with the performance of project without specific written consent of Commission. (6) PAYMENTS: (A) Limitations on Commission Contribution: Funds made ~ l available to the Commission and Grantee are subject to appropriations made by { the General Assembly. The maximum Commission payment on any monthly or j 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 I operating assistance for which Grantee would have qualified in federal funds had additional federal funds been available. I (B) Timing of Payments: Commission payments to the Grantee I will be made on a monthly or quarterly basis. Commission will provide a requisition form to be completed by the Grantee when requesting assistance. I (7) NON-ASSIGNABILITY: Unless otherwise authorized in writing by the Commission, the Grantee shall not assign any portion of the work to be performed under this Agreement, or execute any contract, amendment or change order thereto, or obligate itself in any matter with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Commission. (8) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the Grantee, the Commission reserves the right to suspend or i terminate all or part of the financial assistance herein provided when the Grantee is,or has been, in violation of any of the terms of this Agreement. (9) COMMISSION'S REPRESENTATIVE: The Commission's chief i engineer is designated as the Commission's representative for the purpose of , administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (10) 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, i 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, w employees and assigns, from any wrongful or negligent act or omission �. ' committed by any subcontractor or other person employed by or under the supervision of the Grantee for any purpose under this Agreement, and to 2 s ;1 Indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such w-ongful or negligent act or omission. (11) MISSOURI NONDISCRIMINATION CLAUSE: The Grantee shall i comply with all the provisions of Executive Order No. 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 promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The Grantee shall also comply with all state and federal statutes applicable to the Grantee relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the"Americans with Disabilities Act" (42 U.S.C. Section 12101,et seq.). (12) LAW OF MISSOURI TO GOVERN: The Agreement shall be construed according to the laws of the State of Missouri. The Grantee shall I comply with all local, state and federal laws and regulations relating to the j performance of the Agreement. (13) 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 respecting its alleged breach, shall be instituted only in the Circuit Court of Cole ,l County, Missouri. (14) 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, gifts, or any other consideration, contingent upon or resulting from the award or making of this . Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. (15) AMENDMENTS: Any change in the Agreement, whether by modification or supplementation, must be accomplished by a supplemental f agreement signed and approved by the duly authorized representatives of the j Grantee and the Commission. i t i 3 IN WITNESS WHEREOF, the parties have entered into this agreement on 1 the last date written below. Executed by the Grantee this day of 199 . r f Executed by the Commission this ot9�day of �cca �, 199(o. ! i� MISSOURI HIGHWAY AND GRANTEE i TRANSP TATION MMISSION :JI.�Gcc,.Q�Cl%Ltc� t j BY -Y i Title Deputy Chief Engineer Title Mayor i attest: Attest: �I r, �Ltd �l By v1 f1J Secretary to the Commission Title City Clerk Approved as to Form: APProv t Counsel for the Commission e Ity Coun or p:\tr\eontraCt\1C9.doc r r'. 6 f j � � 1 t ! Y 1' � 7 j F ! 4 � 4 } YaVXSK''I.rY:+. , .- . ....vur..rs�,•.u..w........�..,«r.....r.. ...�.i.ti!«.Yi4 •E^ ` Attachment A - MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT PUBLIC TRANSPORTATION BUDGET AND SERVICE STATEMENT THIS STATEMENT is appended to and made a part of the"PUBLIC TRANSIT of OPERATING ASSISTANCE GRANT AGREEMENT"between the Missouri Highway and Transportation Commission and the City of Jefferson for the period of July 1, 1996,to June 30, 1997, 1 `' in thg amount of Fifty-five Thousand Nine Hundred and Eighty-three Dollars($55,983). F - Public Transportation Service Area: Corporate limits of Jefferson City ITotal One-way Passenger Trips to be Provided: 330,000 i Total Vehicle Miles to be Operated: i( 350,000 Number of Vehicles in Peak Revenue Service: 18 Total Transportation Operating Expenses: $895,322 Passenger Fares anu Other Revenue: $231,355 Federal Operating Assistance: $262,694 Local Operating Assistance: $345,290 State Assistance: $55,983 I i Szz t i • it r r 4 l +��... l T ti r r 1 t ,i