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HomeMy Public PortalAboutORD09510 I BILL NO. INTRODUCED BY COUNCILMEN ORDINANCE NO. 9 �D AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE A WRITTEN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI HIGH- WAY AND TRANSPORTATION COMMISSION FOR A GRANT TO IMPROVE A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: SECTION 1 . The mayor of the City of Jefferson, Missouri , is hereby authorized on behalf of the City of Jefferson to execute a contract between the City of Jefferson and the Missouri Highway and Transportation Commission for a grant to initiate or improve 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 Twenty Four Thousand One Hundred Sixty Five ($24,165 . 00) dollars , for the year beginning on the first day of November, 1979 , and ending on the thirty-first day of October, 3.980 . SECTION 2 . Said agreement shall read to words as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force after its passage and approval . Passedd� �, /9W -roved Zar .- 7— fir, r sid t of the Co ncil M y City C MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT NONURBANIZED AREA PUBLIC TRANSPORTATION NONOPERATING GRANT AGREEMENT This GRANT AGREEMENT entered iifto by the Missouri Highway and Transportation Commission hereinafter called "Commission" and the City of Jefferson, Missouri, hereinafter called the "Grantee" WITNESSETH that: The Grantee has applied to Commission for a nonoperating grant to initiate or improve a general public transportation project to be funded under Section 18 of the Urban Mass Trans- _ portation Act of 1964, as amended, and Commission has awarded funds available pursuant to said Act to the Grantee with the understanding that such funds will be used pursuant to this Agreement for purposes of the Grantee' s nonoperating assistance - application hereinafter referred to as "Project." NOW THEREFORE, in consideration of the mutual covenants , promises, and representations herein, the parties hereto agree as follows: 1. Purpose: The purpose of .this Agreement is to assist the Grantee in financing the project' s nonoperating expenses that are eligible for federal financial assistance ("Nonoperat- ing Cost") , such Nonoperating Cost being estimated -to be the amount appearing in the Notification of Grant Approval. The Commission will make a Grant from available federal funds in the amount not to exceed 80$ of the Nonoperating Cost in a manner consistent with the rules and regulations of the U. S. Department of Transportation as contained in 23 C. F. R. 825 ; and any other regulations issued pursuant to the Urban Mass Trans- portation Act, as amended. The Grantee will provide 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 transportation system in which such facilities and equip- ment are used, funds in the amount sufficient, together with the grant pursuant to this Agreement, to pay the actual Project Cost. The grant under this Agreement will not exceed 80% of the actual Nonoperating Cost. 2. Scope of Work: The Grantee will undertake and complete Aft the project as specified in the project application and which is attached to this Agreement as Appendix A and made a part hereof. - 3. Use of -Project Facilities and Equipment: The project facilities and equipment shall be used to provide general public mass transportation service within Grantee' s transportation service area, substantially as described in the Project Descrip- tion. If project facilities or equipment are not used in the man- ner herein provided or are withdrawn from general public trans- portation services, the Grantee shall immediately notify Commis- sion and shall reimburse Commission for a proportional amount of the fair market value, if any, of such property (determined on the basis of the ratio of the Grant made by Commission to the actual total cost of the project) . -For the purpose of this t 3 section, the fair market value of the property shall be the pro- ceeds from the public sale of such property or by competent ap- praisal conducted as soon after such withdrawal or misuse occurs as feasible, whichever is approved by Commission (as required by OMB Circular A-102 Attachment N) . 4. Project Time Period: The project period and the period of this Agreement shall be from November 1, 1979 to October 31, 1980 as specified in the Notification of Grant Approval . S. Disputes : Any disputes of facts which might develop as - a result of this Agreement shall be decided by the Chairman of the Commission. 6. Labor Protection: The Grantee shall undertake, carry out and complete the project under the terms and conditions determined •by the Secretary of the U. S. Department of Labor to be fair and equitable to protect the interests of employees af- fected by the project and meeting the requirements of Section 13(c) of the Urban Mass Transportation Act of 1964 , as amended, referenced by the Grantee' s letter agreeing to Special Section 13(c) Warranty dated , included in Appendix r A. . The Grantee shall be financially responsible for the appli- cation of the conditions of Section 13(c) . 7. Audits , Inspection and Retention of Records: The Com- mission, the United States Department of Transportation and any of their representatives shall have full access to and the right 4 to examine, during normal business hours and as often as the Commission or the U. S. Department of Transportation deem neces- sary, all of the Grantee records with respect to all matters covered by this contract. Such representatives shall be per= mitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices , materials, payrolls, 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 contract is used for purposes for which the federal financial assistance is ex- tended, or for another purpose involving the provisions of simi- lar services or benefits ; or (b) the period during which the s Grantee retains ownership or possession of such property. All documents, papers, accounting records and other material pertain- ing 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. All provisions of this Agreement shall be binding on all subcontractors of Grantee. 8 . Property Management Standards : The Grantee' s services rendered and reimbursable expenses incurred shall be those allow- able under the provisions of Federal Management Circular (FMC) 74-4, Federal Procurement Regulation (FPR) 1-15, and OMB Circu- lar A-102. S 9. Reports : The Grantee shall advise the Commission re- garding the progress of the Project at such times and in such a manner as Commission may require, including but not limited to meetings and interim reports. 10. Insurance : The Grantee shall maintain in amount and form satisfactory to Commission such insurance as will be ade- quate' to protect it in case of accident. If permitted by law, Grantee may maintain a self-insured program in lieu of purchas- ing- coverage: Grantee shall verify compliance with this section by submitting a copy of its Certificate of Insurance , or if self- _ insured, a copy of its self-insured plan. - 11. Purchase of Project Equipment : Specifications for vehicles- and other equipment for the Project shall be written so as not to unduly restrict competitive bidding. (A) Specifications and Bid Advertisements : Vehicle and equipment specifications and advertisement for bid packages shall be approved by the Commission prior to submission to perspective bidders. (B) Award of Bids : Commission must concur in the award of the bid to procure vehicles and equipment for the Project made by the Grantee prior to the execution of an agreement between = the Grantee and any .bidder. 12. Payment: Progress payments, based upon actual allow- sable costs, 'for not less than one (1) month may be made upon re- ceipt of an itemized invoice from the Grantee. The itemized in- voice shall be reviewed by the Missouri Highway and Transportation 6 Department/Transit prior to payment. A retainage of ten (10) percent of the approved payment will be withheld 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. 13. Claims : The Grantee agrees to indemnify, and hold harmless the Commission, its agents and employees from any and all claims, demands , -and actions arising from the project as agreed to in the approved application. 14. Charter and 'School Bus Provision: The Grantee shall not provide charter or sightseeing services outside its service area as defined in the project application with equipment pur- chased with Project funds. Within the service area, charter and sightseeing services may only be provided on an incidental basis. "Incidental" is defined as those operations which do not inter- fere 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 particu- lar vehicle for more than a total of 6 hours in any one service day. r 7 The Grantee shall not engage in school bus operations exclu- sively for the transportation of students and school personnel in competition with private school bus operators with project equipment. 15. Title VI - Civil Rights Act of 1964: The Grantee shall comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252) , the Regulations of DOT issued thereunder (CFR Title 49, Subtitle A, Part 21) , included in Appendix A. 16. Section 504 - Rehabilitation Act of 1973: The Grantee will comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112, 29 U. S.C. 790 et seq) , the Regulations of U.S. DOT issued thereunder (CFR Title 49, Part 27) , included in Appendix A. 17. Minority Business Enterprise: (a) Policy - it is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. (b) MBE Obligation - The recipient or its contractor agrees to ensure that minority business enterprises as, defined in 49 CFR, Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to ensure that minority 8 • business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not AM qp discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. 18. 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. 19. Reimbursement: The Commission; using funds made available = to it from the grant made to it by the U.S. Department of Transporta- tion, shall reimburse Grantee for 80/ of its allowable expenses AMk incurred in carrying out the project described in Section 2, PROVIDED, HOWEVER, in no event shall the total amount reimbursed by the Commission hereunder exceed the maximum federal share of $ 242165.00 20. Reimbursement Conditions: 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. - (a) Reimbursement will be made by the Commission on an - incremental basis. In either case, reimbursement is subject to the submission to and approval by the Commission of appropriate requisition forms. All requisition forms shall be in appropriate format approved by the Commission. 9 (b) Requisition forms requesting reimbursement for non- operating expenses shall be in accordance with the approved project budget as contained in Appendix A. (c) The Grantee shall not be reimbursed for any expenses incurred prior to or after the project period. Post audit activities will be conducted by the Commission. 21. Amendments and Subcontracts: (a) This Agreement may be modified from time to time only by written agreement of the parties hereto. (b) None of the project activities described in Appendix A 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 primarily respon$ible for the proper completion of the project notwithstanding and subcontract. 22. Termination: (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 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. 10 (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 termina- tion and specifying the effective date thereof at least 45 days in advance of such termination date. _ 23. Source of Commission Funds: The obligation of the Commission _ for financial assistance in the project is contingent upon this agreement being approved by the Federal Highway Administration and the United States Department of Transportation, and upon federal funds being allocated to, and approved for, the project. 24. 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 Commission while any such s 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. i 25. Security: The Grantee agrees that, upon any equipment for which a title certificate may be obtained or required under the laws of Missouri, it will execute such documents as may be necessary to perfect 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. `I ` i 12 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the. last date written below. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION GRANTEE By �✓ Chairman Dated Attest: Secretary Approved as to Form: Chief Counsel