Loading...
HomeMy Public PortalAboutORD11195 BILL NO. 88-185 ® SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. 111,i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with the Missouri Highway and Transportation Commission for a grant to operate a general public transportation project to be funded under Section 18 of the Urban Mass Transportation Act of 1964, as amended, in the amount of $4,093.50. This entire amount shall be paid by the Missouri Highway and Transportation Commission. 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 �i lit? Approved C7�t /9 F 9 sid' Officer ayor ATTEST: City Clerk • I I 1. I Project No. MO-18-7006 ® MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION RURAL TRANSIT ASSISTANCE PROGRAM AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highway and Transportation Commission (hereinafter commission) and the City of Jefferson (hereinafter, grantee) . WITNESSETH: WHEREAS, grantee has applied to commission for a grant of funds made available to commission under Section 18(h) of the Urban Mass Transportation Act of 1964, as amended, and the commission has awarded funds available pursuant to said act to the grantee with the understanding that such funds will be used pursuant to this agreement for purposes specified in grantee's application for Section 18(h) assistance. NOW THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows : (1) Purpose and Source of Fund: The purpose of this agreement is to assist the grantee in financing the project's expenses that are eligible for federal financial assistance. The commission will make a grant from available federal funds in the amount of 100% of the project 's cost in a manner consistent with the rules and regulations of the U. S Department of Transportation as contained in 49 USC 1614 and any of the regulations issued pursuant to the Urban Mass Transportation Act of 1964, as amended. (2) Scope a of Work and Budget : The grantee will undertake and complete the project specified in the approved project application and budget (Attached as Appendix A). (3) Audit of Records : The commission will notify the grantee if an audit will be required. Tile grantee must maintain all records relating to this contract , including but not limited to invoices , payrolls, etc. These records must he available at all reasonable times to the commission and/or its designees during the contract period and any extension thereof, and for three (3) years from the date of final payment at no charge. (4) Project Time Period: The project period shall be from November 1, 1988 to October 31, 1989 . (5) Contract Price and Payment : For the work described in this agreement , the grantee will receive payment based on actual costs, as defined in Section 2, up to a maximum amount of $ 4,093.50 , this amount being the 100 percent Federal reimbursement of the total actual costs. (6) Amendments: Any change in the agreement , whether by modification and/or supplementation , must be accomplished by a formal amendment signed and ® approved on or between the duly authorized representatives of the grantee and commission. (7) Indemnification: The grantee shall be responsible for any and all injury or damages as a result of any services and/or goods rendered under the terms and 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. The grantee also agrees to hold the commission, including its agents, employees and assigns, harmless from any negligent act or omission committed by ' any 2 subcontractor other than the person employed by or under the supervision of ® the grantee for the terms of the agreement . (8) Cancellation: The commission may cancel the contract at any time for a material breach of contractual obligations by providing the grantee with a written notice of such cancellation. Should the commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the grantee. (9) Disputes : Any disputes of facts regarding grantee's carrying out of the project of commission financial participation which might arise as a result of this agreement shall be decided by the commission. (10) Nondiscrimination Assurance: With regard to work under this agreement , 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 1964, as amended (42 USC 2000 d, e) . (B) State Nondiscrimination Clause: The grantee shall comply with the provisions of Executive Order No. 82-27. This order prohibits discriminatory employment practices by grantee or their subcontractors based on race, color, religion, creed, national origin, ancestry, sex or veteran or handicap status. (C) Administrative Rules : The grantee shall comply with the administrative rules of the U.S. Department of Transportation relative to nondiscrimination in federally-assisted programs of the U. S. Department of Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made a part of this contract . 3 (D) Nondiscrimination: The grantee shall not discriminate on grounds of the race, color, religion, creed, sex, national origin, or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5 including employment practices . (E) Solicitations for Subcontracts, Including Procurements of Material and Equipment : These assurance concerning nondiscrimination also apply to subcontractors and suppliers of grantee. In all 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 subcontractor or supplier shall be notified by the grantee of the requirements of this agreement relative to nondiscrimination ® on grounds of the race, color, religion , creed, sex, national origin or ancestry of any individual . (F) Information and Reports : The grantee shall provide all information and reports required by the contract, or orders and instructions issued pursuant thereto, and will permit access to its books , records, accounts, other sources of information, and its facilities as may be determined by the commission or the U. S. Department of Transportation to be pertinent to ascertain compliance with other such 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 U.S. Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. 0 4 (G) Sanctions for Noncompliance: In the event the grantee fails to comply with the nondiscrimination provisions of this contract, the Commission shall impose such contract sanctions as it or the U. S. Department of Transportation may determine to be appropriate, including but not limited to: (1) withholding of payments of the grantee under the contract until the grantee complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part . (H) Incorporation of Provisions : The grantee shall include the provisions of paragraph 12 (a) 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 commission or the U. S. Department of Transportation pursuant thereto. The grantee will take such action with respect to any subcontract or procurement as the commission or the U. S. Department of Transportation ® may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the event the grantee becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the grantee may request the commission to intervene in such litigation to protect the interests of the commission, and, in addition, the grantee may request the United States to enter into such litigation to protect the interests of the United States. (11) Section 504 Assurances : The grantee shall comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 USC 790 et seq) and the administrative rules of the U. S. Department of Transportation (49 CFR Subtitle A, Part 27) . (12) Assignment : The grantee shall not assign or delegate any interest • in the agreement and shall not transfer any interest in the agreement, 5 • 1 (whether by assignment , delegation or novation) without the prior written consent of the commission. (13) Inspection of Work : The commission and WITA shall be accorded proper facilities for review and inspection of the work hereunder and shall at all reasonable times have access to the premises, to all books , records, correspondence, instructions, receipt vouchers, memoranda of every description pertaining to the work hereunder. Arrangements for all reviews and inspections by UMTA will be made by the commission. (14) Equipment and Instrumentation: It is agreed that major items as special equipment which are not identified specifically in the proposal require specific approval by the commission prior to purchase. Special equipment is defined as any item costing $100 mor more. The major items of equipment and instrumentation as listed in the proposal are approved by the commission and the cost, therefore, is included ® in the contract price. Title to all equipment and instrumentation purchased pursuant to this agreement shall rest with the commission. If, at the conclusion of this project, the grantee desires to acquire the equipment and instrumentation, the commission shall be allowed a credit equal to the current value, to be determined by mutual agreement between the grantee and the commission. (15) Travel : The commission approves travel expenses for work performed under this agreement and in connection with this project within the state of Missouri . Any additional travel must have prior approval of the commission to be eligible for reimbursement. (16) Law of Missouri to Govern: Agreement shall be construed according to the always of the state of Missouri . The grantee shall comply with all 6 , local , state and federal lags and regulations relating to the performance of . the agreement . (17) Commission Re2resentativelt The coirunission's chief engineer is designated as commission's representative for the purpose of administering the provisions of this agreement. 1 7 till WITNESS 4HEREOF, tone parties have enterea into this agreement on the sate last written oelow. Executed by grantee this -�1- `day of 19 , Executed by Commission this — day of -'_ y 1900� . MISSOURI HIGHWAY AND TRANSPORTATION COtiMISSION GRANTEE The City of Jefferson By ay Title Assistant Chief Engineer Title Attest : Attest : ® 8 Y ielcretary Ti tl e Approvea as to Form: Approvea as to Form: ou sei Title ESTIMATED CAPITAL PROJECT BUDGET Period: November 1 , 1988 through October 31, 1989 Item 1 Rehabilitation of one ( 1 ) 1976 GMC Coach $ 85,000.00 Item 2 Purchase of VCR and Television to provide drivers training. 500.00 Item 3 Purchase of Micro-computer System, IBM-PC including applicable hardware and software for transit record keeping, statistics and analysis. 4,000.00 Item 4 Installation of restroom facilities in bus storage building. 4,000.00 Plus 10% Contingencies 9, 350.00 SUBTOTAL $102, 850.00 Federal Share (80% ) $82, 280.00' Local Cash Share ( 20% ) $20, 570.00' Prepared by: Tomas E. Hood Transit Supervisor 1988 Data