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HomeMy Public PortalAboutORD11087 BILL NO. 88-69 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. 110 $J AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT 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 City Clerk are hereby authorized to execute a contract with the Missouri Highway and Transportation Commission for a grant to fund a general public transportation project under Section 18 of the Urban Mass Transportation Act of 1964, as amended, in the amount of $218, 000.00 for the year beginning on the 1st day of November, 1988, and ending on the 31st day of October, 1989. Section 2. A copy of said contract is attached hereto and made a part hereof as if fully incorporated herein. Section 3. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed � �j, ,I f P�' Approved n icer r ATTEST: City Clerk Project No. MO-18-XO07 MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION NONURBANIZED AREA PUBLIC TRANSPORTATION ASSISTANCE GRANT 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 of the Urban Mass Transportation Act of 1964, as amended, to defray a portion of the costs of a general public transporta*;,n project carried out by grantee; and k,._.'_AS, 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 this agreement for the purposes specified in grantee's application for Section 18 assistance (attached as appendix A) . NOW THEREFORE, in consideration of these mutual covenants, promises, and 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 oper- ating cost is estimated to be the amount determined from 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 an Urban Mass Transportation Administration Circular 9040.1 dated September 26, 1983, and any other regulations issued pursuant to the Urban Mass Transportation Act, as amended (49 USC 1614) . The grantee will provide funds from sources other than (a) unautho- rized restricted federal funds, (b) receipts from the use of the project facilities and equipment, or (c) revenues of the general public transporta- tion system in which such facilities and equipment are used, in an amount sufficient, together with the grant pursuant to the agreement, to, pay the actual operating cost. The operating portion of the grant under this agree- ment will not exceed 50% of the actual operating cost. (b) Capital Costs: Such capital costs are estimated to be the amount appearing in the grantee's estimated capital project budget (attached as part of appendix B) . The Commission will make a grant from available federal funds in the amount not to exceed 80% of the capital costs in a manner consistent with the administrative rules of the U. S. Department of .Transportation as contained in UMTA Circular 9040.1 dated September 26, 1983, and any other regulations issued pursuant to the Urban Mass Transportation Act , as amended. The grantee will provide funds from sources other than (a) unautho- rized restricted federal funds, (b) receipts from the use of the project facilities and equipment, or (c) revenues of the general public transporta- tion system in which such facilities and equipment are used, in an amount 2 sufficient together with the grant pursuant to this agreement , to pay the actual project cost . The grant under this agreement will not exceed 807 of the actual capital costs. 2. Scope of Work and Budget : The grantee will undertake and com- plete 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 within the grantee's transportation service area, substantially as described in the project description (appendix A) . The grantee agrees to observe the property management standards as set forth in OM 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 U. S. Department of Aft Transportation. Exceptions to the requirements of Attachment N must be Wr specifically approved by the Commission. 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 proportional amount of the fair market value, if any, of the property, which shall be determined on the basis of the ratio of the grant made by the Commission to the actual cost of the project. Fair market value shall be deemed to be the value of the prop- erty as determined by competent appraisal at the time of such withdrawal from use of misuse, or the net proceeds from public sale, whichever is approved by Commission. 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 Oconsidered fair market value. 3 ® 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 immediate- ly notify Commission in all cases in which project facilities/equipment are used in a manner substantially different from that described in the project description. The grantee shall maintain in amount and form satisfactory to the Commission such insurance as will be adequate to protect project facili- ties/equipment throughout the period of required use. 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 re- funded or reduced, except as authorized above. 4. Project Time Period: The project period shall be from November 1. 1988 to October 31, 1989 5. Disputes: Any disputes of facts which might develop as a result of this agreement shall be decided by the Commission. 6. Labor Protection: The grantee agrees to accept the terms and conditions of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, absent a waiver by the U. S. Department of Labor. The grantee agrees that it is the exclusive party responsible under the terms of the Special Section 13(c) Warranty and that the state of Missouri , acting through Commission, assumes no obligation under the terms of the Special Section 13(c) Warranty. The grantee shall be solely financially responsible for the applica- tion of the conditions of Section 13(c) . 4 7. Audits, Inspection and Retention of Records : The Commission and the United States Department of Transportation, or any of their representa- tives, shall have full access to and the right to examine, during normal business hours and as often as the Commission or the U. S. Department of Transportation deems necessary, all of the grantee's records with respect to all matters covered by this contract. Such representatives shall be permit- ted to audit under the guidelines of OMB Circular A-128 "Audits of State and Local Governments," examine 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 pursuant to this con- tract 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 speci- fied in paragraph 4. All documents, papers, accounting records and other material pertaining to costs incurred in connection with the project shall be retained by the grantee for three years from the date of final payment to facilitate any audits or inspections . 8. Property Management Standards: The grantee's services rendered and reimbursable expenses incurred shall be those allowable under the pro- visions of OMB Circular A-87, Federal Procurement Regulations (FRP) 1-15, and OMB Circular A-102 which are incorporated herein by reference. J. 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 . 5 10. Insurance: The grantee shall maintain in amount and form satis- factory to Commission such insurance as will be adequate to protect it in case of accident. If permitted by law, grantee may maintain a self-insurance program in lieu of purchasing insurance coverage. Grantee shall verify com- pliance with this section by submitting a copy of its certificate of insur- ance, or if self-insured, a copy of its self-insurance plan. 11. Claims: The grantee agrees to defend, indemnify, and hold harm- less the Commission, its agents and employees from any and all claims, de- mands, and actions arising from the project. 12. 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) Executive Order: The grantee shall comply with the provisions of the executive order executed by the Honorable Christopher S. Bond, Governor of Missouri , on the twenty-eighth day of August, 1981, 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 discri- minatory employment practices by grantee or their subcontractors based on race, color, religion, creed, national origin, sex or age. (c) Administrative Rules: The grantee shall comply with the adminis- trative rules of the U. S. Department of Transportation relative to nondis- crimination in federally-assisted programs of the U. S. Department of Trans- portation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made a part of this contract . 6 (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 pro- curement of materials and leases of equipment. The grantee shall not parti- cipate 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 Hateri- al and Equipment: These assurances 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 per- formed 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 AWL individual . (f) Information and Reports: The grantee shall provide all informa- tion 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 as- certain 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 in- formation. 7 (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 Trans- portation may determine to be appropriate, including but not limited to: (1) withholding of payments to 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 pro- visions 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 pro- tect the interests of the United States. 13. 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 Transpor- tation (49 CFR Subtitle A, Part 27) . 8 14. Disadvantaged Business Enterprise: Grantee agrees to prepare and submit for Commission approval a Disadvantaged Business Enterprise plan as defined in 49 CFR Part 23 dated July 21, 1983 if grantee receives total of $250,000 or more of financial assistance from the U. S. Department of Trans- portation, Urban Mass Transportation Administration. 15. Interest of Members of or Delegates to Congress: No 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 Section 18 assistance (appendix A) with equipment purchased with project funds. Within the service area, charter and sight- seeing 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 pri- vate school bus operators with project equipment. 17. Reimbursement : (a) Net Operating 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 para- graph 1 (a) of this agreement; provided, however, in no event shall the total 9 amount reimbursed by the Commissi�..::: "or net operating cost exceed the maximum federal share of $ 218, 000 (b) Capital Expenses: 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 80% of its allowable capital expenses incurred in carrying out the project described in paragraph 1 (b) of this agreement; provided, however, in no event shall the total amount reimbursed by the Com- mission for capital expenses exceed the maximum federal share of $ -0- 18. Payment: Progress payments, based upon actual allowable costs, for not less than one (1) month may be made upon receipt of an itemized in- voice from the grantee. The itemized invoice shall be reviewed by the Com- mission prior to payment. A retainage of five (5) percent of the approved invoice cost will be withheld from each 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 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 : (a) Financial summaries submitted to the Commission must include a certification that costs have been incurred in the performance of the con- tract and a record of the actual costs . (b) Reimbursement will be made by the Commission on an incremental basis. Reimbursement is subject to approval by the Commission. All requisi- tion forms shall be in an appropriate format approved by the Commission. 10 (c) Requisitions requesting reimbursement for operating expenses shall be in accordance with the approved projected operating budget (appendix B) . (d) Requisitions requesting reimbursement for capital expenses shall be in accordance with the approved estimated capital project budget (appendix B) . (e) The grantee shall not be reimbursed for any expenses incurred prior to or after the project period. Post audit activities will be con- ducted by the Commission. 20. Amendments : This agreement may be modified from time to time but only by written agreement of the parties. 21. Subcontracts: None of the project activities described in ap- pendixes A or B shall be subcontracted without the prior written consent of the Commission. All subcontracts shall be subject to the terms and condi- tions of this agreement. The grantee, however, shall remain responsible for the proper completion of the project nonwithstanding any subcontract. 22. Termination: This agreement may be terminated upon any of the following conditions: (a) If, through 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 con- tained herein, the Commission shall have the right to terminate this agree- ment if such default or violation is not corrected within twenty (20) days after written notice is sent to the grantee describing such default or viola- tion. 11 (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 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 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 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 the detailed costs , revenues and actual operating ® loss, when applicable, to the Section 18 grant. 24. Source of Commission Funds: The obligation of the Commission for financial assistance in the project is contingent upon this agreement being approved by the Urban Mass Transportation Administration and the U. S. Department of Transportation, and upon federal funds being allocated to, and approved, for the project. 25. Lack of Waiver: In no event shall the making by the Commission of any payment of grant funds to the grantee 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 12 Commission while any such breach or default shall exist shall in no way im- pair or prejudice any right or remedy available to the Commission with the respect to such breach or default. 26. Security: The grantee agrees that upon purchase with funds provided under this agreement of any equipment for which a title certificate may be obtained or is required under the laws of Missouri that it will exe- cute such documents as may be necessary to protect and secure 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. Purchase of Project Equipment and Contracts for Providers of Transit Service: Commission reserves the right to procure all new vehicles on behalf of grantee unless waived. Commission reserves the right to review Ah and concur in the grantee's specifications and advertisement for purchase of IqW transit services, used and/or leased vehicles, other capital equipment esti- mated to cost more than $1,000.00 and professional services contracts prior to submission to prospective bidders. Commission will concur in award of bid by grantee prior to execution of agreement between the grantee and any bid- der. 28. Buy America: Grantee agrees to abide by the provision of the Buy America requirements of the Urban Mass Transportation Act of 1964, as amended, and applicable federal regulations (49 CFR Part 661). Grantee agrees that federal funds provided will not be obligated for mass transporta- tion projects unless steel , cement, and manufactured products used in such projects are produced in the United States. There are four exceptions to this basic requirement. First , the requirement will not apply if its appli- cation is not in the public interest. Second, the requirement will not apply 13 if the material and products being produced are not produced in the United States in sufficient and reasonably available quantities and of a satisfac- tory quality. Third, the requirement will not apply in a case involving the procurement of buses and other rolling stock (including train control , commu- nication, and traction power equipment) if the cost of components which are produced in the United States is more than 50 percent of the cost of all components of the vehicles or equipment, and if final assembly takes place in the United States. Fourth, the requirement will not apply if the inclusion of domestic material will increase the overall project contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stock and 25 percent in the case of all other projects. 14 IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by grantee this may of "" 19 Fe . Executed by Comm ssi on this day of ZL4 Llclxa..� 19 MISSOURI HIGHWAY AND TRANSPORT TION COMMISSION GRANTEE City of Jefferson By By Title Assistant Chief Engineer Title i Attest: Attest : By Secretary r Title Approved as to Form: Approved as to Form: ,�� A.- u se Title Ordinance No. 15 ,1 ® APPENDIX - A APPLICATION FOR SECTION 18 ASSISTANCE FROM 11/1/1988 to 10/31/1989 DATE: STATE PROJECT NUMBER: Applicant's Name: City of Jefferson Contact Person: Street Address: 320 E. McCarty Thomas E. Hood Transit Supervisor P. 0. Box: D.O.T. City: Jefferson City, MO ZIP Code: 65101 Phone: ( 314 ) 634-6477 County: Description of Project: The Jefferson City Transit System (JEFFTRAN) owns nine coach type buses and eight school type buses for the general public transportation within the city limits. The City also owns two van-type bus equipped to transport handicapped passengers. During the winter and fall peak hours a total of thirteen buses are operated, including the handicap bus, "Nandi-Wheels, " which provides dial-a-ride service door to door. The JEFFTRAN System operates. Monday through Friday, except holidays , from 7 :00 A.M. to 5: 30 P.M. each operating day. -Continued- Proposed Funding: Federal (Section 18) $ 300, 780. Local $ 310, 529 TOTAL $ 611, 309 ,FAutliorizecl 0t'rici_a1_L;;1'_ I APPENDIX - 8 PROJECTED OPERATING BUDGET FOR PERIOD: NOVEMBER 1 . 1988 THRU OCTOBER :31 . 1989 0 1 . PROJECT ADMINISTRATIVE COSTS a. ADMINISTRATIVE SALARIES AND FRINGES $53. 384. 00 g. ADVERTISING/PROMOTION $10. 500. 00 h. LIGHTS AND HEAT $3. 500. 00 I . POSTAGE $250. 00 J . PRINTING AND STATIONERY $2. 500. 00 K. TELEPHONE $900. 00 1 . OPERATIONAL SUPPLIES $1 . 000. 00 M. BUILDING AND GROUNDS MAINTENANCE $2. 350. 00 n. CLOTHING $3. 000. 00 0. OFFICE SUPPLIES $500. 00 p. SUPPLIES FOR COPY MACHINE $500. 00 q. WATER AND SEWER $200.00 r. TRASH COLLECTION $315. 00 S. DUES AND PUBLICATIONS $550. 00 t. GENERAL INSURANCE $25, 000. 00 U. PROFESSIONAL SERVICES $0. 00 V. UNIFORM' CLEANING $3, 000. 00 W. MEETING AND CONFERENCES $2, 000. 00 X. MEDICALS $506. 00 Y. TRAINGS AND EDUCATIONS $1 . 000. 00 Z. ACCOUNTING EXPENSES (FINANCE DEPT. ) $12, 000. 00 aa. BUILDING SECURITY MONITORING $822. 00 bb. FIRST AID SUPPLIES $50. 00 2. VEHICLE a. PERS. SERVS. (DRIVERS SAL. & FRING. ) $298. 382. 00 Aft b. EQUIPMENT MAINTENANCE $300. 00 C. FUEL, OIL, AND ANTIFREEZE $60, 000. 00 d. VEHICLE MAINTENANCE (PARTS & LABOR) $165, 000. 00 e. RADIO MAINTENCE $450. 00 Y . VEHICLE WASH $5, 800. 00 TOTAL OPERATING EXPENSES $653, 759. 00 ` 3. LESS INELIBIGLE EXPENSES a. CHAR'I'ER BUS OPERATING EXPENSES $2, 000. 00 4. ELIGIBLE OPERATING EXPENSES $651 , 759. 00 ' 5. PASSENGER REVENUE a. FARE BOX $104. 000. 00 b. SCHOOL 'PASSES $25, 000. 00 C. SPECIAL $6, 000. 00 d. MISCELLANEOUS GOLDEN PASSES $6. 000. 00 VEHICLE WASH REIMBURSEMENT $2, 300. 00 TOTAL FARE BOX AND OTHER REVENUES APPLIED AGAINST ELIGIBLE EXPENSES NOT INCLUDED IN LOCAL SHARE $143. 300. 00 6. NET PROJECT COST $508. 459. 00 ' 1. APPL I CANTS SHARE ( 50%) a. GENERAL FUND $282. 959. 00 b. MATCHING FUNDS $7, 000. 00 8. SECTION 18 FUNDS REQUESTED $218. 500. 00 PREPARED BY THOMAS E. HOOD TRANSIT SUPERVISOR