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
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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
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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 .
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(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.
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(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,
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(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
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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.
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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 :
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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