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HomeMy Public PortalAboutORD09512 BILL NO. INTRODUCED BY COUNCILMEN ORDINANCE 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 CON94ISSION 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 High- way 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 Thirty Thousand Five Hundred Thirty Eight ($30, 538 . 00) dollars , for the year beginning on the first day of November, 1980, and ending on the thirty-first day of October, 1981. Section 2 . Said agreement shall read to words as follows : (SEE ATTACHED) Section 3. This ordinance shall take effect and be in force after its passage and approval . Passed- 9 Approved A�s t of the CQ6ncil ay ATTEST: City C er C� RPT 0051 - 005 • 0$, MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT NONURBANIZED AREA PUBLIC TRANSPORTATION NONOPERATING GRANT AGREEMENT This GRANT AGREEMENT entered into by the Missouri Highway and Transportation Commission hereinafter called "Commission" and the City of Jefferson 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 .S 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. • 2 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 800 of the actual Nonoperating Cost. 2. Scope of Work: The Grantee will undertake and complete 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 • 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 -thi's '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 G-rantee' s letter agreeing to Special Section 13(c) Warranty dated October 17 , 1980 included in Appendix 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- 1ar services or benefits ; or (b) the period during which the 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 'iietained 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- i 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- able 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 re.tainage 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. 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 Enteryrise: (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 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 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 $ 30, 538 ' 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 responsible 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 r 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. 1 1 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. 1 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 r By Chairman /1/'7/ r° Dated /O -30 —� Attest: Secretary Approved as to Form: ORIGINAL SIGNED BY ' BRUCE A. RING Chief Counsel f • W+R7.7A .�tJ ! 1J e17c.11x ,4 ® CITY OF JEFFERSON, MISSOURI AtiISS�:U;t1 Ftt�,t1•PJ':Y T GEORGE HARTSFIELD , !� MAYOR 1 ! September 15 , 1980 Mr. Robert Hunter, P.E. Chief Engineer Missouri Highway and Transportation Dept . Highway Building Capitol Avenue I! Jefferson City, Missouri 65101 Re : Capital Assistance for Fiscal Year 1980-1981 f Dear Mr. Hunter: The City of Jefferson, Missouri , is applying for a Grant of $30,538 . 00 under Section 18 of the Urban Mass Transportation Act of 1964 , as amended to assist in financing a Public Transportation Capital Improvement Project. The applicant affirms that the data shown in this Application is true and correct . Sincerely, I Zr 'Hartsfie ay r i tjh CAPITAL. ASSISTANCE APPLICATION DATE: STATE PROJECT NUMBER: RPT 0U 5 ] - G Applicant ' s Name : City of Jefferson Contact Person: Street Address : 911 East Miller Martin A. Brose , P.E. P. O. Box : City: Jefferson City Phone : State : Missouri (314) 634-2455 Zip Code : 65101 County : rnlp Description of Project : This Project will reimburse the City of Jefferson, Missouri, for Capital Expenses for Fiscal Year 1980-1981 in providing general public transportation. ®' Estimated Number of Congressional District : Persons Benefiting ; 8 38,000 State Representative State Senatorial District: Districts : 119 . 23 Proposed Funding: $ % - Federal $30,538.00 800 State Signature. of Authorized Official Local $ 7,634. 00 20% Other Total $38,172. 00 1000 • • r 1 ESTIMATED PROJECT BUDGET CAPITAL ASSISTANCE - ADMINISTRATIVE COST FISCAL YEAR 1980-81 A. Administrative Salaries & Fringes Salary (60% Assistant Director) $15,600 .00 Fringe (15% Salary) $ 29340. 00 B. Clerical Salary (25% Engineering Secrtary) $ 2 , 350 . 00 Fringe $ 355 .00 C. Bookeeping (6% of Finance Budget) $14,527 . 00 D. Engineering Assistance Route Survey $ 2 ,000.00 ® Maps & Schedules $ 500. 00 Misc. $ 500. 00 Total Administrative Expenses $38 ,172 . 00 Federal Share @ 80% $309538 .00 Local Share @ 200 $ 79,634. 00 • ti w RESOLUT)ON WHIAWAS, The Missouri Highway and Transportation Department is authorized to make grants for general public transportation projects; and, ® WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of local share of project costs; and, WHER.FAS, it is the goal of the applicant to provide the best Transit System that can be provided with the funds available. NOW, THERF'.FORE,AIi IT RI:SOI,VF.D BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,. AS FOLLOWS: 1. That George Hartsfield , Mayor , is authorized to execute and file capital and/or operating applications on behalf of the City of Jefferson, Missouri, a municipal corporation, with the Missouri Highway and Transportation Department to aid in the financing of a public transportation system. 2. That Geor a Hartsfield Mayor is authorized to furnish such additional information as the Missouri Highway and Transportation Department require in connection with the application or the project. Adopted this /, r� day of �;�r,? ��' 19 ea re George Hartsfield Type Name Mayor Title ATTEST: City C k Libby Tihen K Date f 1 • Affilk 1 , 1 CERTIFICATION BY ATTORNEY FO It ® CPPITAL ASSISTANCE GRANT FOR TIIE PERIOD NDyem13cr ]., 1980 THROUGH October 31 , 1981 Reference is hereby made to the original Opinion of Counsel dated _ April 3, 1.980 submitted with the Grant Application of 1978-1979 . and I hereby certify that' there is no pending legislation or litigation which may preclude the carrying out of this Project. • Ci torney • Date 13 • 1 1 1. 1 . 1 • NONllI SCR IMINATION PROVISIONS During the performance of this contract , the Grantees for themselves , their assignees and successors in interest (herein- after referred to as the "Grantees") , agrees as folloivs : 1 . • Compliancc with Civil Rights Statutes : The Grantees will comply with all State and Federal Statutes relating to nondiscrim- ination, including but not limited to Title 6 , Civil Rights Act of 1964 . 2 . Compliance with Executive Order : The' Grantees will comply with the provisions of the Executive Order executed by the Honorable Christopher S. Bond; Governor of Missouri , on the tenth day of September, 1973, 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 stipulates that there shall be no discrimination employment practices' by the Grantees , or their subcontractors , if any, based on race , color, religion, creed, ' national origin, sex or age. 3. Compliance with Regulations : The Grantee will comply with the regulations of the U.S. Department of Transporation relative to nondiscrimination in Federally-Assisted programs of the U. S; Department of Transportation (Title 49, Code of Federal Regulations , fart 21 , hereinafter referred to as• the '•'Regulations") , which are herein incorporated by reference and made a part of this 'contract . 4 . Nondiscrimination : The Grantees , with regard to work Performed b.y it after award and prior to completion of the contract work, -Will not'• discriminate on the grounds of race , color , religion, , y 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 Grantees will not participate either directly or indirectly in the discrimination prohibited by Paragraph 21 . 5 of the Regulations , including employ- ment practices when the contract covers a program setforth in Appendix A of the Contract . S. Solicitations for Subcontractors , Including Procurements of Material and Equipment : In all solicitations ei.thcr by com- petitive bidding or negotiation made by the Grantees for work to be performed under a subcontract , including procurements of materials or equipment , each potential subcontractor or, supplier shall be not-ified -by the Grantees of the Grantors obligations under this contract relative to nondiscrimination on the grounds of race, color, religion; creed , . sex or national origin or ancestry- of Any individual . G. Information and Reports : The Grantees- will 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 Chief Engineer of the Missouri Highway and Transportation Department , (]iereinafter referred to as the "Chief Engineer")or the U.S. Department of Traiisporat.ioii to be pertinent to ascertain compliance with other such contract , orders and instructions . Where any information required of the Grantees is in the exclusive possession of another who fails or refuses to furnish this information , the Grantees shall so certify to the Chief Engineer or the U.S . Department of Transporation as appropriated and shall setforth what efforts it has made to obtain the information . 7 . Saiiet.ions f.oi• Noncompliance : In the event of the Grantees noncompliance with the nondiscriminations provisions of this contract , the Chief Engineer shall impose such contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate including , but not limited to : a. withholding of payments to the Grantees under tine contract until the Grantees comply , and/or , b . cancellation, termination or suspension of the contract in whole or in part.. B . Incorporation of Provisions : The Grantees will include the provisions of Paragraphs (1) through (8) in every subcontract- , including procurements of materials and leases of equipment, unless exempt by the statutes , Executive Order , Regulations , or instructions issued pursuant thereto . The Grantees will take such action with respect to any subcontract or procurement of materials and leases of equipment , unless exempt by the statutes , Executive Order, Regulations , or instructions issued pursuant thereto. The Grantee will take such action with respect to any subcontract or procurements as the Chief Engineer- or the U .S. Department of Transportation may direct as means of enforcing such provisions , including sanctions, for noncompliance ; p•rovided , - however, that in the event the Grantees become involved in , or is • threatened with, litigation with a subcontractor or supplier as a result of such direction, the Grantees may request the Chief Engineer to enter into litigation to protect the interest of the Chief Engineer, and in addition ,' the Grantee may request the 1 1 OF United States to enter such litigation to protect the interest of The United States. r Hartsfield Mayor City of Jefferson, 'Missouri Date HIFIN1'1'TON .01' CONTRACTUAL RI?I,A'C10NSIIIP ! AND LIABILITY FOR CLAIDiS The grantee shall. save harmless the Department from all, claims and liability clue to his negligent acts or the negligent acts of his subcontractors , agents , or employees . It is the intent of the parties to this contract that the grantee be independent grantees in fact and in law, and that any and all of the employees , agents or subcontractors of the grantees be and remain under grantee sole and exclusive control while engaged in the performance of this contract and that said employees , agents or subcontractors shall be considered employees of the grantee only and not of the. Department , and that any and all claims made by any .third party as - a consequence of any act or ommission on the part of the -grantee ' s employees , agents , or subcontractors while so engaged' in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the grantee but this is not to be construed as waiving the grantee ' s affirmative defense of sovereign immunity or any other defensive, privilege o.r immunity to which grantees are entitled under the law. , . G o ge artsfield, Mayor City of Jefferson, Missouri /o -1 :- drd Date I i t 1 1 4 8. Reports: The Grantee shall advise the Commission regard- ing the progress of the Project at such times and in such a manner as the Commission may require, including but not limited to meet- ings and monthly reports. 9. Insurance: The Grantee shall maintain in amount and form satisfactory to Commission such insurance as will be adequate to protect it in case of accident. If permitted by law, Grantee may maintain. a self-insured program in lieu of purchasing 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. 10. Claims: The Grantee agrees to indemnify, and hold harm- less 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. 11. 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 (CPR Title 49, Subtitle A, Part 21) , included in Appen- dix A. 12. 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 (CPR Title 49, Part 27) , included in Appendix A. � 5 13. Minority Business Enterprise: (a) policy - It is the policy of the Department of Transpor- tation 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 business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race., color, national origin, or sex in the award and performance of DOT-assisted contracts. 14. 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. 15. Reimbursement: The Commission, using funds made avail- able to it from the grant made to it by the U.S. Department of Transportation, shall reimburse Grantee for 50/ of the Net Operating i 6 Cost, PROVIDED, HOWEVER, in no event shall the total amount reimbursed by the Commission hereunder exceed the maximum federal share of AWL $ 164;172. 00 . 16. Payment: Progress payments, based upon actual allowable costs, for not less than one (1) month may be made upon receipt of an itemized invoice from the Grantee. The itemized invoice shall be reviewed by the Missouri Highway and Transportation Department/Ttansit 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. 17. 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. 7 (b) Requisition forms requesting reimbursement for 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. 18. 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 responsible for the proper completion of the project notwithstanding and subcontract. 19. 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. (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 termi- nation and specifying the effective date thereof at least 45 days in advance of such termination date. 20. 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 Administra- tion and the United States Department of Transportation, and upon federal funds being allocated to, and approved for, the project. 21. 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 Sany such 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. 1 , 9 IN WITNESS WHEREOF, the parties here.to have entered into this Agreement as of the last date written below. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION GRANTEE By Chairman Dated A0 .3O— Attest : _. Secretary Approved as to Form: ORIGINAL SIGNED BY BRUCE PL Chief Counsel c . r,. v14. mrnn' rr�, �.1�4� t',�. •� ' , ® CITY OF JEFFERSON, MISSOURI A415�rU:tI GEORGE HARTSFIELD �„.�..---• I MAYOR September 10, 1980 Mr. - Robert Hunter, P,E. Cheif Engineer Missouri Highway and Transportation Dept. Highway Building Capital Avenue Jefferson City, Missouri 65101 1 Re : Operating Assistance for Fiscal Year 1980-1981 111, Dear Mr. Hunter. The City of Jefferson, Missouri , is applying for a ® Grant of $164 ,172 under Section 18 of the Urban Mass Transportation Act of 1964, as amended to assist in fin- ancing an Operating Assistance Improvement Project . The applicant affirms that the data shown in this Operating Application is true and correct .' Sincerely, G rHartsfiel ayo d , i tjh OPERATING ASSTSTANCE- APPLICATION Fiscal Year 11AT] : STATE- PROJECT NUMBER: RPT 0051 0 0 ® Applicant ' s Name : City of Jefferson , Missouri Contact Person : Street Address : 911 East Miller Street Martin A. Brost , P.E. P.O. Box : City: Jefferson City Phone : State : Missouri 314-634-2455 Zip Code : 65101 County: Cole Description of Project : This project will reimburse the City of Jefferson, Missouri for eligible operating expenses for Fiscal Year 1980-1981 in providing general public transportation. Estimated Number of Congressional District : 8 Persons Benefiting : State Representative State Senators 38•,000 District : District : 119 23 Proposed Funding : -Signature of Quarters Authorized Official Federal $164,172. 00 1st $410043 . 00 State 2nd $41 ,043. 00 • yO 1' Applicant. $164,172 . 00 3rd $41 ,043. 00 Local $909120. 00 4th $41 ,043. 00 Other • Total $4189464.00 RIiS01,11'I'ION WHEREAS, The Missouri Ifighway and Transportation Department is authorized to make grants for general public transportation ® projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of local share of project costs; and, WHEREAS, it is the goal of the applicant to provide the best Transit System that can be provided with the funds available, NOW, THFREFORE,AF. I1' RESOLVED BY THE CITY COUNCIL. OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: 1. That George Hartsfield-1 Mayor , is authorized to execute and file capital and/or operating # applications on behalf of the City of Jefferson, Missouri, a municipal corporation, with the Missouri Highway and Transportation Department to aid in the financing of a public transportation system. 2. That George Hartsfield Mayor is authorized to furnish such additional information as the Missouri Highway and Transportation Department require in connection with the application or the project. Adopted this /411/ day of trT/C.1� 19 gna re George Hartsfield Type Name Mayor Title ATTEST: city c k Libby Tihen Date PROJECTED BUDGET FOR FISCAL YEAR 1980-1981 Period: November 1 , 1980 to October 31 , 1981 Applicant : City of Jefferson, P4issouri 1 . Total Operating Expenses a. Personnel Services $203,493 . 00 b. Material and Supplies $ 71 , 980 , 00 c . Utilities ,$ 20465. 00 d. Maintenance $103 ,051 , 00 e. Insurance and Miscellaneous $ 37 ,475 . 00 Total Operating Expenses $418 ,464 . 00 2 . Less Ineligible Expenses a. Charter Bus Operating Expenses $ 1 ,000 . 00 3. Eligible Operating Expenses $417 ,464 . 00 4 . Total Passenger and Other Revenue a. Passenger Fare Box Revenue $ 70,000 . 00 b . School Passes $ 20,000 . 00 c. Specials (not including charter) 0 . 00 d. Miscellaneous Revenues ,$ 120 . 00 -Total Passenger and Other Revenue $ 90 ,120 . 00 S. Net Project Cost $328 , 344 . 00 6 . Applicant ' s Share a. Contribution from City's General Fund $164 ,172 . 00 b. Unrestricted Federal Fund $ 0100 c. Denoted Local Time $ 0 . 00 d. Miscellaneous $ 0. 00 Total $164 ,172 . 00 7. Section 18 Funds Requested $164 ,172 . 00 Prepared By� Title Date o .- CERTIFICATION BY ATTORNEY FOR OPERATING ASSISTANCE GRANT FOR THE PERIOD November 1 , 1980 THROUGH October 31 , 1981 Reference is hereby made to - the original Opinion of Counsel dated April 3, 1980 , submitted with the Grant Application of 1978-1979 and I hereby certify that there is no pending . legis•lation or litigation which may preclude the carry- ing out of this Project . 14 ® City to ney Date l NONDISCRIMINATION PROVISIONS During the performance of this contract , the Grantees for themselves , their assil;nees and successors in interest (herein- after referred to as the "Grantees") , agrees as follows : I . • C011,I)lir111ce with Civil Rights Statutes : The Grantees will comply with all State and Federal Statutes relating to nondiscrim- ination, including but not limited to Title 6 , Civil llights Act of 1964 . 2 . Compliance with Executive Order : The' Grantees will comply with the provisions of the Executive Order executed by the Honorable Christopher S. Bond , Governor of Missouri , on the tenth day of September, 1973, promulgating a code of fair practices in regard to nondiscrimination, which is incorporated herein by reference Ah and made a part of this contract.. This order stipulates that there shall be no discrimination employment practices by the Grantees , or their subcontractors , if any, based on race , color , religion, creed , ' national origin, sex• or age . 3. Compliance with Regulations : The Grantee will comply with the regulations of the V. S. Department of Transporation relative to nondiscrimination in Federally-Assisted programs of the U.S, Department of Transportation (Tittle 49, Code of' Federal Regulations , ['art 21 , }iereinafter referred to as the "Regul•ati.ons") , which are herein incorporated by reference and made a part of this contract . 4 . Nondiscrimination : The Grantees , with regard to work performed by it after award and prior to completion 'of the contract work, will not'• discrimiiiate on the grounds of race, color, religion , s creed, sex , nat.i.una.l origin, or ancestry of any individual in the selection and ret:cntion of subcontractors , including; procurement Aft of materials and leases of equipment . The Grantees will not participate either directly or indirectly in the discrimination prohibited by Paragraph 21 . 5 of the Regulations , including employ- ment practices wlien the contract covers a program setforth in Appendix A of the Contract . 5. ' Solicitations for Subcontractors , Including; Procurements of Material and equipment : In all solicitations either by com- petitive bidding; or negotiation made by the Grantees for work to be performed under a subcontract , including procurements of materials or equipment , each potential subcontractor or supplier shall be notified by the Grantees of the Grantors obligations under Ak this contract relative to nondiscrimination on the grounds of race , color, religion, creed , . sex or national origin or ancestry of any individual . G. Information and Reports : The Grantees will 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 Chief 1'sngineer of the Missouri Highway and Transportation Department , (here inn fter referred to as the "Chief Engineer")or the U. S. Department of Transporat,ion to be pertinent to ascertain compliance with other such contract , orders and instructions. Where any information required of the Grantees is in the exclusive possession of another who fails or refuses to furnish this information, the Grantees shall so certify to the Chief Engineer or the U. S. Department of Transporation as appropriated and shall, setforth what efforts it has made to obtain the information. y 7 . Sanctions for Noncom1)1iancc In t•1ic event of the Grantees noncompliance with the nondiscriminatio ns provisions of this contract , the Chief Engineer shall impose such .cont-ract sanctions as it or the U. S. Department of 'Transportation may determine to *be appropriate including , but not limited to : a. withholding of payments to the Grantees under the contract until the Grantees comply, . and/or b. cancellation , termination or suspension of the contract -in whole or in part . 8. Incorporation of Provisions : The Grantees will include the provisions of Paragraphs (1) through (8) in every subcontract, including procurements of materials and leases of equipment , unless exempt by the statutes , Executive Order , Regulations , or instructions issued pursuant thereto . The Grantees will take such action with respect to any subcontract or procurement of materials and leases of equipment , unless exempt by the statutes , Executive Order, Regulations , or instructions issued pursuant thereto. The Grantee will take such action with respect to any subcontract or procurements as the Chief Engineer 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 Grantees become involved in, or is ® threatened with, litigation with a subcontractor or supplier as a result of such direction, the Grantees may request the Chief Engineer to enter into litigation to protect the interest or- ' the Chief Engineer, and in addition, the Grantee may request the United States to enter into such litigations to protect the interests of the United States'. rge iartsfi.eM. T or City of Jefferson, Missouri Date . EXHIBITS 1 1 • EXHIBITS a 5N.d .. . • PROJECT JUSTIFICATION PLEASE DESCRIBE THE NEED FOR THE ASSISTANCE' BEING REQUESTED IN THIS APPLICATION. ® The request is for funds to reduce the administrative subsidy for the current fiscal year (November 1 , 1900 to October 31 , 1981) . The Jefferson City Transit System (JI:FFTRAN) owns and operates a total of thirteen (13) buses for general public transportation within the city limits . Twelve coach type buses are used on the fixed route system and one van type bus is equipped to transport handicapped passengers . The JEFFTRAN System operates Monday thru Friday, .except holidays , from 6 : 30 a.m. to 6 : 00 p .m. each operat- ing day. The handcap bus is maintained as a dial-a-ride service door to door. The Administration of the system is provided through the. . Engineering Division Staff of the Public Works Department . 'At the present time the Assistant Director of Public Works acts as the chief adminstrator 'of the Transit Division. The Engineering Div- ision also provides clerical , and technical assistance to the Transit Division. The finance Department assists with beekeeping and pur- chasing. At the present time the City is subsidizing 100% of the admin- istrative cost for operating the Transit Division. With the Capital Assistance Grant , this subsidy will be reduced to 20% . JEFFTRAN buses twill travel approximately 2SO,000 miles and carry 630,000 passengers this fiscal year . 1 ' CITY OF JEFFERSON FINANCE DEPARTMENT DARRELL J.WATTENBARGER,C.P. A. 240 K. HIGH STR[ET DIR[CTOR OF FINANCE JEFFERSON CITY.MO. 88101 PHONL�(91A)MY.iYO1 634-4949 October 17, 1980 STATEMENT OF SOURCE OF APPLICANTS SHARE I, Darrell J. Wattenbarger, affirm that the applicant`s share for this project originated from nonrestrictive sources . Funds for the administration of the general Public Transportation in Jefferson City came from the General Fund. Sincerely, Da _ ell J. Wattenbarger, C.P.A. Director of Finance DJli:.vf i L�XIIIl3IT "C" r PLANNING The purpose of this Capital Assistance Application is in accordance with the Regional and City Transit Development Plan, ATTACHED: 1 . . 'Memo from Mid-Missouri Council of Governments 2 .. Letter from Missouri State Office of Administration 3. Standard for 424 (Federal Assistance Application) State of Missouri OFFICE OF ADMINISTRATION. Joseph P.Teasdalo P.O. Box 809 William D. Dye, Director Governor Jefferson City 65102 Division of Budget and Planning October 8 , 1980 The Iionorable *George Hartsfield Mayor of. Jefferson City 911 Fast Miller Street Jefferson City, •Missouri 65101 Dear !Mayor Hartsfield : Subject: 80090087 The State Clearinghouse, in cooperation with state agencies - interested or possibly affected, has completed the A-95 review on the City of Jefferson City' s .request for UMTA assistance for an Urban Mass Transportation Capital and Operating Assistance Formula Grant. • ' None of the state agencies involved in the review had comments .or recommendations to offer at this time . This concludes the State Clearinghouse 's review, and we encourage UMTA to take appropriate funding action as soon as possible . A copy of this letter is to be attached .to the application as evidence of compliance with the A-95 requirements. Sincerely, Lois Pohl Chief, Grants Coordination ® cc: Mid-Missouri Council of Governments 1'EWEI AL ASSISTANCE 2. APPl.I• •, nL1 :un 3 MAIL: •• NUM9U4 rnrNls ..QAZ.12-L. API;I.ICA• T'?, A PLICAIIDF1 A141L1• b• WE II)t'tltl• b• PALE Year month day ` I-I ' I ) 1,J Yr)o r Iofh rO rn y ACTION ArrLICATO! CATION IEII ASSIGNED 19 IT'Ikny- 1_) IIOTIricnon Oc INIENT ((II10 boiiriota CEh0111 OP FEDEMIL ACTION rarnik 4. LEGAL APPLICANT/RECIPIENT 5. FCDCRAL EMPLOYER ID&NTIFICA110N NO. + .. A:pfresntHaml t City of Jefferson 44 -60001.93 AIM b. OrtenitallonUnit : 1)0))t . Of PUbA is Works , Transit G. � � 7 C. Strtot/P.O, Dot : 911 East Miller Stl'CCt: rrlo. �f+Ut.InER Z 1 , d. City : Jeffcrsoll City a• C-111 : CO I() GRAM b. TITLE (Prom Section 18 of the t. stale Ai i s s o u r i. I. ZIP coda: 6 5 i.01 Federal h, Con'):! Perun (t:am. J�],�)•1:7.11 A. ]i) OSC , P. p. Catalog) roan Mass Transportatio K _s• aft,•hnna _o_f_1_9_64_ as amended ri 7. 711LC AND UESCItIPTION OF APPLICANT'S PROJECT (t. TYPE OF APPLICANT/Urcivir:tir t A-State H-Community Action A:ancY cJ D-inlrritale f-Fli`her f.duutional Inllslulion C.Sub-.tats )-Indun Iobe Capital Assistance Administrative Expenses D_��ryiy K-Other (Speeilv): Re , for Fiscal Year 1980-1981 . [-city f-Schnol District c-spreial rurpol. J District Enter oypropriate Icrttr 'J 9. TYPE 05 ASSISTANCE t •1L A OLdc Crsnt D-Insurancs 0 D-Supplamantsl Grant E-other F,"ter aJ'Pro- AM C-Loan priate I.,w a) Zn' 10. AREA OF PROJECT IMPACT IName#of cifits,count(te, 11. ESTIMATLO tJU,.4- 12. TYPE OF APPLICATION Slalca, etc.) I)ER OF PERSONS Alit# C-Itavtsion E-Autmantation DENEFITING 0••1tenewal D-Continuation City of .Jefferson , Missouri 38 , 000 Zrnfer appropriate letter ett 13. PROPOSED FUNUING 14. CONGFIESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (F'or lie or 121) -t' A-fnurass Dollars F-Other (Specify)] e, f ED_EM It 30 , 538 .00 a. APPLICANT b. PROJECT R-Dw.reala D0111rs b. A PLICAPIT 7 634 8 C-Ottliaa buralii0 _ , .09 t4 0-0ecroasa Ountion 1G. PROJECT START 17. PflOJEC7 E-Cancsliallon e�STATE 00 DATE Ytppr,;llonthe'a DU A ION l:«ter a;yrc d;IOCJl .00 1!1 f)l' 'l l Afonths prin Frt:rr(sl CF a. Of11E_R_ 00 30. ESTIMATED DA1C TO Yror snonth day 19. EXISTING FEDERAL IDENTIFICATION NUMBER �- LIE SLIUM11T 1:D TO f.�TOTAL j _ 8 ,J 172 ,00 FEDLRAL AGENCY W 19 8 20. FEDERAL AGENCY 70 I:ECEIVE REQUEST ()Vonce,City.State,ZIP code) 21. ItE1JARKS ADDED 1-ederal 1•iighlvay Administration _ n Yws _p No a 22. 0, a the boil of my Lnowitdse and Mitt. b. II ]arlulrsd by 0.140 Circular A-95 We aopliealion ryes submitted, pursuant to In. No rn- lir.pona• a data In this pimpplicallon/application era atructrons Ihotsin; to appropriahe clesrinshousos and all 1e3ronsaa All etLached: Lpo.10 ottozhed TILE true and eart*ct, the document bas boon APPLICANT duty authwited by the Eov6mMi WY. of ` CERTIFIES the a;plicsnl and the applicant .III cmAy (1)Mid-Missouri COurlcll Of Governments a El Y THAT>r with the attached assurances the aaSlst- WMissouri State Office of Admin . ante Is appsovtd. (3) 0 El 23. a. TYPED RKIAE AND TITLE b, SIGHATIJRE e. DATE SIGXED es CCRTIFYING Year wonfh day FIEPRE• George 1•iartsfield, Mayor S EN TATI V..r 24. AGENCY NAME 25. APPLICA- Yur eswnth day TION RECEIVED 19 2G. ORGANIZATION.AL UNIT 27. ADMINISTRATIVE OFFICE 20. rEDEFIAL APPLICATION ye IDENTIFICATION fi�s 2?. ADDRESS 30. t r.DERAL GPAHT ILIEIITIFICATION a� ;i 31. ACTION TAKEN 37 iUNOINO Year snant/a day 31. Yvww 0-conth day SWRTING El a. AWARDED a. FED_LRAL j .00 33. ACTION DATC D _19 -- �- _DATE 19 ` a' b. REJECTED b AJrucANr .00 35. CONTACT FOIL AUDITIDIIAL INFOn)-IA- 34. Year ocontA day --•- TION (Name and tal:phont number) 1 NOING U 0. RETURNED fOR c. STAIE .00 _DAir. 19 AMMUENT d. LOCAL .00 37. REMARK3 ADDED (� d. DEf"RED e. OTHER' - .00 Y n e. WITHDRAWN 1_ 11MAL _ s .03 __ p Yea JCJNo 33. 1. In facfel ahoy e action, any Lorrtm+41s waived from elrstin:houses ware ton. b. IfDI.;IAL A3'PCy A-9S OFFICIAL sldered. It slap:y toil•onso Is due u11dal pro•ersione of Pact 1.0MD Cueular A-95. (Name and felephune no.) ►EOERAL AGENCY It has bun of is Wins toadt. A-95 ACTION 424.101 a•.. srANoAmia I V.114 424 NA7t: 1 s. 74•eariba,i by GSA,federal ka-mee-9-11,Circular 74-Y "SZC1ION W-IMMAIMS ()'lease re/ere ncc the proper ifeul nItPoWr/ro►n Sections 1,ll or)I I.if applicable) , r ' 38. STATE PLAN REQUIRED 40. REGIONAL PLAN REQUIRED 41.CITY COMPREHENSFVE PLAN l I Yws IXI No t I Yes' IXI No ()Q Yes Year, 197.7 l l No 0 4211. STAU LEGISLATIVE DI$1111C,TS 43. STATE AGENCY INVOLVED EFFECTED MO. Ilwy. F, '!'ransportat'Jon T opt' Notified Notified 42b. S'InTG Sr.NnTpf{InL DISf,Fi1�TS 44. Fit?GIONAL PLnNNING COMMISSIONS INVOLVED EFFECTEP Mid-h10 COUI1Cil of Governments (X J Notified I ) Notified > 45. dive a judoemont Its to Ilm nature and extent of the environmental effect anticipated. Include any adverse ? OlIvC19 111pi j#n11pl be tivoiopd fond any alternatives to the chosen course of action. 0' Tho Jorforgon City 'irallsit System is a publid transportation agency proVIJ1119 grouped transit service. Any impact on the environment would 00 gro€►tly otl,t�weighed if the passengers drove their own autos .- STANDARD rORlt 424 PAGE 2 (10-75) ' •�1r�ry.lnl r�r r,r1.1 � :Y 1� II • 1 ,i Section 18 Allocation CITY C1111TJrICATION I , Coorgo ilortsf. iold , Mayor, certify that all .City Section l allocations have beeiz exhausted. Date yor S DOS'. Mid-Missouri Council of Governments 121 J(411--rson St. • Jullursun City, A/,, ur 65,:1 • 3t4•b34-2303 October 20, 1980 Mr. Robert Hunter Chief Engineer . Missouri Highway and Transportation Commission P. O. Box 270 Jefferson City, Missouri 65102 Dear Mr. Hunter The City of Jefferson has submitted the following applica- tions for A-95 Review and approval for funding. A-95 Identification No. Amount from Section 18 1946 $30,538. 00 1947 $164 ,172 . 00 1948 $24 ,166. 00 The Mid-Missouri Transportation Advisory Committee and the Board of Directors of this Agency have approved an amount totaling $30,000 from Section 18. allocation for this region to be applied as follows : 01946 - . $24 ,166. 00 #1947 5,8 3 4. 0 0These two projects (1946 for 1980-81 capital expenditures and 1947 for 1980-81 operating expenditures) were selected after personnel from your office suggested that .any amount approved be directed toward 1980-81 expenses. Therefore, we request that these amounts totaling no more than $30,000 , be forwarded to Jefferson City and that amount deducted from the Mid-Missouri Section 18 allocation. Notification to this office would also seem appropriate. At this time we would also like to encourage the Department of Highwway and Transportation to fund the remainder of Jefferson City's request from state discretionary funds under the Section 18 funds. Should this Region have funds remaining at• the last quarter 0 Audra^ • 9oona• Ca+n:.ay • CON, •Cooper • Howard•Mondeau•Osage Mr. hunter ,October 20 , 1980 Fage Two of the 1980-81 Fiscal Year, we will certainly review any request from Jefferson City which has not been funded at that time. However, at resent the Transportation Advisory Committee and the Board of Directors el it inappropriate to allocate all the Regions funding to one pro- vider without giving other agencies enough time .to •present their ap- lications. If you have questions, please do not hesitate to contact either Jerry. Carr, or me. Sincerely, eanne Lineberry Executive Director JL:ks cc: Mr. Greg Eskijian, Federal Highways Administration Mayor George Hartsfield, Jefferson City, Missouri Tom Christmann, Chairman, MMCOG Transportation Advisory Committee Jack Light, Chairman, MMCOG .October 21 , 1980 authorize $24, 704 be dedicated Chic ngineer to this project from the state Section 18 discretionary fund. Jefferson City Capital Assistance FY ' 80-81 Project RPT-0051 (005) ego Date 11XI1I13I1r D PUBLIC TRANSPORTATION PROGRAM 1. STATEA113NT THAT HIS CAPITAL ASSISTANCE APPLICATION WILL NOT DUPLICATE ANY OTHER GENERAL PUBLIC TRANSPORTATION PROVISION IN YOUR SERVICE DISTRICT. This Capital Assistance Grant is to help maintain the present Transit System. Which does not duplicate any other general public transportation provider in JEFFTRAN service area. . 2. STATEMENT OF HOW THE APPLICANT' S PROJECT BUDGET CAN BE J COORDINATED WITH OTHER GENERAL PUBLIC TRANSPORTATION PROVIDERS • IN YOUR SERVICE AREA. Presently JEFFTRAN is cooperating with the Columbia Area Transit System (CATS) . CATS transports passengers to JEFFTRAN transfer point within the City. JEFFTRAN then takes CATS passengers to their destination at no charge to the passengers . CATS bus after dis- charging its passengers at transfer point takes JEFFTRAN passengers into an area of Jefferson City that JEFFTRAN does not service. . 3. A LISTING OF PUBLIC/PRIVATE TRANSPORTATION PROVIDERS IN YOUR SERVICE AREA. A. Intercity Bus Service Continental Trailways, Inc. Missouri Transit Columbia Area Transit Service (CATS) B. Taxi Cabs : Yellow Cab Co. Veteran Cab Co. C. Special Transportation Services : Adult Activity Center Goshorn Activity Center Head Start Programs (Central Mo . Counties Human Development Corp. ) 4. STATEMENT .OF WHO WILL OPERATE/MANAGE THIS PROJECT. Presently, JEFFTRAN is operated and managed through the Jefferson City Public Works Department . FX11111IT H USE Or PROJECT FACILITIES The Capital Improvements comprising this • 1 1 p R project will be owned . and operated by the City of Jefferson, Missouri , and are being ob- tained for use in provision of general public mass transportation service in the Jefferson City Urban Area, as authorized under the State of Missouri Constitution and the City of Jefferson Ordinances . . It is understood that the Grant Agreement will contain provi- sions to assure the continuation of such use during the useful life of the project facilities , and that , .in the event such facilities are sold or otherwise devoted to another use during their useful life, the City will be required to refund a proportionate share of the Federal Grant, based on the sale proceeds on the market value of the facilities.' _ ® Further, it is' understood that the City of Jefferson .will be required to submit to MHTD, at the beginning of each calendar. year during the period specified in the Grant Agreement ,• a certification that the grant facilities and equipment continue to be used in accord- ance with the purposes for which the grant was approved, and that not. ' part of the local share of net project cost has been refunded or reduced. I:XI11BIT F • LABOR 1 , PLEASE STATE HOW TI•ITS PROJECT WILL AFFECT THE EMPLOYMENT CONDITIONS OF YOUR EMPLOYEES , The operating assistance grant will enable the City to main- tain its present JI'FFTRAN System employees and the benefits they presently have . 2. {SHAT IS THE ANTICIPATED IMPACT ON EMPLOYEES OF ELIGIBLE PUBLIC MASS .TRANSPORTATION PROVIDERS IN YOUR PROPOSED SERVICE AREA? There will be no adverse impact on any public transportation provider or its employees. -EXHIBIT F-2 ACCI:111Afira' Or SPECIAL SL'C111111 1 ",(r) WARRAm,ry FOR APPLICATION 10 161'I1: SMALL LlI?13AN AND RURAL ht?OGRAM ® Name of Grantee: city y of Je f f r.rson Address: __ 911 E. Miller Street Jefferson CiLy,_Misscuri 65101 Telephone: 314-634-2455 (hereinafter referred to as the "Recipient") . The Recipient, for and in consideration of a transportation grant to be made available to the Recipient, pursuant to Section 18 of the. Urban glass Transportation Act of 1964, as amended, hereby agrees to accept the terms and conditions of the Special Section 13(c) Warranty, incorporated herein and made a part hereof by reference, absent a waiver by the U.S.' Department of Labor. The Recipient hereby agrees that. it is the exclusive designated legally responsible party under the terms of the Sp:xial Section 13(c) Warranty and that. the State of Missouri , acting throught its Department of Transportation, assumes no obligation under the terms of the Special Warranty which are not otherwise part of its normal obligation as a grant administering agency. The Recipient hereby authorizes the presentation of this - acceptance by the -State of •Missouri to the U.S. Department of Labor • as evidence of the Recipient's• commitments above described. Recipient: City of Jefferson Signature: Title: 11 or Date: —/D—/7- �D • 0 0 r. .• ° • n O r 44 rn 4) aj 41�. •N ° u n CIO - N a Id 44 ut .-� r •� .5 Q1 C: 4) V t• a1 Fes• •c p N p L. 4 ..1 . C1 v r° � m u j a 1•ri (.. ... to V a a�. VI i. aLi aui C F+ a O W 14 ro +� a V. O_ O pG ►-1 41 nl O O E •C a O W , .0 - 0 ro N C « L1 2 b C •1 a1 fr . C ° �4aH .. m .O u v a1 IA 1 v c. a, N u u u 0 ►-4 O _ 1 O t-4• :r-I VV1 vi a1 L w z o 1°d - A. t► ► r t+ ,W a C CL W H to ��- ICn .' � r O a) p •- 4j L d0 •r4 u C it u a L v► h-�-- 0 M rs O O -H"o • 1- L' rt1 p :3 M O C O � Nd � � •� O to 4J C. f4 c •- ... v L N 1•+ O a1 a C .n E a In CC1 .0 N •4J d O ++ 0 = � O C L1 x L) N C) u u H $-q (n � o n u o r-1 a 4.1 CC +� a)•o u a P.4J td .-. 4r•1 •r•1 C3 L 44 N C. u +•1 a, u Woa1 a >, V)r r+ W � o .a +1 P N co � E"'M " •►-+ •d w to u O .� w w N. 1 C [ Cd M 1.1 1 C ,� l L u C L 7 .- F- a1 E 0 0 0 t1 •Cy u N L vi u L ,; u ,p L o1 v c •o O 41 O �+•• •- C1 L a u 4J .G •O L 4. Z X G. a 0 c 06 a1 +1 .- •1 ° v O .n.P4 013 O C- u. v 1~-1 O11 a }O,► p. c L 41 v► Ip u, ►'1 41 O u •- c u N CL .� V1 41 to u O CL a �i� w ►= °nv�i =vr Special Soction 13 (c) Warranty for Application to the Si;utll Urban and Rural Program The folio% ing language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under Section 18 of the Act: I .11. General 1lpplication - The Public Body ("IM11TD") agrees that, in the absence • ., •-of• waiver by the D partment of Labor, the terms and conditions of this warranty, as set forth below, shall • apply for the protection of the transportation related • • .: employees"of any employer providing transportation ­services assisted by the Project ("Recipient" ) , and • . . the transportation related employees of any other. • ., . surface public transportation providers in the trans portation . service area of the project.-• . The-Public Body shall provide to the Department of '- Labor and maintain at all times during the Project an : accurate, up-to-date listing of all existing trans-. portation providers which are eligible. Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations representing the •eMployees . ' "' of such providers. . Certification by the Public: Body to the•Department of Labor that the designated Recipients have indicated in writing acceptance; of the terms and conditions of : the warranty arrangement will be sufficient to permit • the' flow of Section 18 funding in the absence of a : ,finding of non-compliance by the' Department of ,Labor. S.- Standard Terms and Conditions •" '(1) The Project shall be carried out in such a manner and upon such terms and conditions as will not" adversely affect employees of the Recipient and of any other surface public transportation provider in the trans- ' portation service area of the Project. It shall be ® an obligation of. the. Recipient and any other legally responsible party designated -by the Public Body to assure that any and all transportation services assisted by the. Project are contracted for and operated in such a manner that they do not impair the rights -22- �7 1111A interests of affected employees. The term "=Project-, " as used he.,roin, shall. not be limited to t11e particular facility , Zsorvicc" or operation � assisted by Federal funds, but shall ii►ca.uda ally ' s -Inc es, wheLher organizat•.ional, opci-ati.on�-�l, ; chnologicil, or otherwi;;r, which are a result of the assistance provided . The phrase Ilas a result J. of the Project, " shall when used in this arrangement, include events related to the Project: occurring in Anticipation of, during , and subsequent to the Pro- jest and any program of efficiencies or economies related thereto; provided, however, that volu:�e rises and falls of business, or changes in volume _ ( • : and character of employment brought about by causes. , "IC other than the Project (including any economies or ?� efficiencies unrelated to the Project) are not with- j . in the purview of this arrangement. An employee covered by this arrangement, who' is not dismissed, displaced or otherwise worsened in his position with regard to his employment: as a result of the Project, but who is dismissed, displaced or otherwise worsened solely -because of the total or partial termination of the project, discontinuance f Project services, or exhaustion of Project funding all not be deemed eligible for a dismissal or splacement allot•7ance -within the meaning of paragraphs (6) and (7) of the Model agreement or applicable provisions of substitute comparable arrangements. (2) (a) Where employees of a Recipient are represented for collective bargaining purposes , all Project fi. . Services provided by that Recipient shall be provided ,:•. under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. k .f (2) (b) The Recipient or legally responsible• party shall provide to all affected employees sixty (60) days' notice of intended actions which may result in • displacements or dismissals or rearrangem;nts of the working forces. In the case of employees repre- •• ' ;''�• canted by a union, such notice shall be provided by �•' certified mail through their representatives. The notice shall contain a full and adequate statement Of the proposed changes, *and an estimate of the number f employees affected by the intended. changes, and •! the number and classifications of any jobs in the Recipient's employment available to be filled by fiVU11 affected employees. • , •'1.1 —23— • 1 •(2) (c) The procedures of this, .ubparagraph ::liall apply to cares where not•icos i.nvol.ve enip?.oyres represented by a union for- collective bargaining purposes. At: the request- � f eitli(_n: 'the Recipient. or the repro.sentativrs of such em- oyees negotiations for the purpos,cr, of reaching agrecment with respect to the application of the terms and conditions of this arrangement shall commence immediately. If no agree- . ment is reached within twenty (20) day: from the commencement r� ' of negotiations, any party to the dispute may submit the ' matter to dispute settlement- procedures in accordance with paragraph (4) of this; %..arranty. The foregoing procedures shall be complied :aith and carried out prior to the a.n- ' • stitution of the intended action. (3) For the purpose of providing the statutory required h� protections including those specifically mandated by Sec- tion 13 (c) of the Act1 , . the Public Body will assure as a condition of the release of funds that the Recipient agrees ' to be bound by the terms and conditions of the National (Model) Section 13 (c) Agreement executed July 23, 1975, ' identified below? , provided that other comparable arrange- += ments may be substituted therefor, if approved by the ^� Secretary of Labor and certified for inclusion in these conditions. - ` Such protective arrangements shall include, :without being limited to, such provisions as may be necessary for (1) :, � the preservation of rights, privileges, and benefits • : (including continuation of pension rights and benefits) under existing collective bargaining agreements or other- wise; (2) the continuation of collective bargaining rights; (3) the protection of individual employees against a worsening of, their positions with respect to their employ- ' ment; (4) assurances of employment to employees of acquired 2' mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training b� and retraining programs. Such arrangements shall include provisions protecting, individual employees against a worsening of their positions with respect to their employ- ment which shall in no event provide benefits less than ,! those established pursuant to Section 5 (2) (f) of the Act . AD of February 4, •1887 (24 Stat. 379) l as amended. • �: ?/ For purposes of this warranty arrangement, paragraphs (1) ; (2) ; (5) ; (15) ; (22) (23) ; (24) ; (26) ; (27) ; (28) ; and i. (29) of the Model Section 13 (c) Agreement, executed July 23, ' 195 are to be omitted. •' •• -24- .(.4) Any dispute or cord% ovcrsy arising X•egrirdi:icy t:he �+ application, i.ntcrpr.etaUion , or ei)forcement of any �! of thc 'provisions of i:l',.i.:; arr;inc oment which cannot be settled by wid betwecii the parties at interest i. w' hin thiz.ty (30) day:; After the dispute or controversy st arises, may be reforred by any such party to any final and binding disputes settlement procedure ' acceptable to the pantie:; , or in the event they cannot:. agree upon such procedure, to the Department of Laabor ; or an impartial third party designated by the Department of Labor for final and binding deter.;;iinat.ion. The compensation and expenses of the impartial third party, and any other jointly incurred expenses, shall be borne equally by the parties t:o the proceeding and all other_ i...j,: expenses shall be paid by the party incurring them.- ;`. 1,. xn the event of any 'dispute as to whether or not a parL-i.'cular employee eras affected by the Project, it {'t i':{; shall be his obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either the Recipient :. or other party legally responsible fort the application of these conditions to prove that factors- other other than the .• i .:��' . Project affected the employees. The claiming employee I •:...: shall prevail if it is established that the Project• i1=? MMW an effect upon the employee even if other factors •: y also have affected the employee. ;; (5) The Recipient or other legally responsible party - ; ;'`• ' designated by the Public Body will be financially responsible for the application of these conditions . ' � ;.:•. and will maize the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee, may mile claim of 1 violation of these arrangements with the Recipient = � within sixty (60) days of the date he is terminated ;' f or laid off as a result of the Project, or within - :s eighteen (18) months of the date his positi6n with -respect to his employment is otherwise vorsened as a result of the Project. In the latter case, if the � events giving rise to the claim have occurred over ( . an extended period, the 18-month limitation shall bey measured from the last such event. No benefits shall be payable for any period prior- to six (6) months from _ (� the date of the filing of any claim. ( ••'i' • # Nothing in this* arrangement shall be construed as depriving any employeeof any rights or benefits Which such employee may have under existing employment or collective bargaining agreements, nor shall this arrangerient be deemed a waiver of any rights of any ;�0�.; union or of any represented employee derived from any other 1g reenient or provision of federal, state• or local law. •! ;t� i, • -25- �' �'• . 1 (7) xn the event any employee covered by these arrant merits is tormi.natcd or laid of•f as a rositil.t; of the Project, he shall be grant cd priority of employment or reemployment to fill any vacant position within the control of t:ha Recipient for which he is, or 1:)y training or retraining within a reasonable period, can become `t qualified. In the event• training or rot:raini.ng is required by such employment or reemployment, the t • Recipient or other legally responsible party designated b the Public Body s�11a11 provide or rovide for such y Y p P training or retraining at no cost to the employee. (8) The Recipient will post, in a prominent and acces- sible place, a notice stating that the Recipient has received federal assistance undi.ar the. Urban Mass Trans- portation Act and has agreed to comply with the provisions of Section 13 (c) :-of the Act. This notice shall also Specify the terms and conditions scat forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of. these arrangements and - to the proper deter- 1!_ urination of any claims arising ':.hereunder. ~� (9) 'Any labor organization which is the collective bar- gaining representative of employees covered by these :f arrangements, may become a party to these arrangements by serving written notice of its desire to do so upon the , Recipient and the Department of Labor. . In the event of any disagreement that such labor organization represents �� ty covered employees, or is otherwise eligible to become a � art to these arran emonts, as applied to the Project, P Y g ' PP the dispute as to whether such organization shall i5z- shall shall be determined by the Secretary of Labor. }� (10) In the event the Project is approved for assistance "•� under the Act, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the Public Body or Recipient of •�: federal funds; provided, however, that this arrangement shall not merge into the contract of assistance, 'but shall' be independently binding and enforceable by ,and upon . ' the parties thereto, and by any covered employee or his representative, in accordance with its terms, nor shall . any other employee protective agreement merge into this • arrangement, -but each shall be independently binding �•; and enforceable by and upon the parties thereto, in accordance with its terms. As -26- ' 1 1 : C. Waiver !1 As a part of the grant approval process, either the ;I;• i cipient' or other. legally responsible party designated ; ; I r the Public body may in writing seek from the Secre- t try of Labor a waiver of the statutory required pro- tections. The Secretary will waive these protections :;: •, r in cases, where at the time of the requested waiver, the Secretary determines that there are no cmpl.o_vee of the Recipient or of any other surface public transporta- �•; •': Lion providers in the transportation sc:rvice area who "• !f•` p P I;l. could be potentially affected by the Project. A 30-day notice of proposed waiver will be given by the Department of Labor and in the absence of timely objection the waiver will become final at the end of the 30-day � ;• notice period. in the event of timely objection, the ,Department of Labor"k•7ill review- the matter and determine whether a waiver shall be granted. in the absence of II"!:�;;:• waiver, these protections shall apply to the Project. • e.ii . .,�HI • —27— •, r� ! •. PUBLISHERS AFFIDAVIT , STATE OF MIS�9URI, ) ) ss. COUNTY OF COLE. ) ... .. . . ..... .. ...RQb,e rt. B..I as 5.e x. . ... . . being duly sworn, according to law, says he 1s PTe$j.dP.nt. . of the News Tribune Company, Publisher of the ....... . ..Npws„Tribune acid,Post ,Tribunp, ,,,,,,,,,,,,,� a newspaper printed and published in the Count of Cole and State afore- NOTICE R p p y � PUDLICHEARING said; that said newspaper has been published continuous) for more than For AProposed P Y capitalAssistanceProjcct three years; and that the notice hereto attached was published in said paper For the City of Jeff erson,nffissourt in compliance with the provisions of Section 493.050. Notice is hereby Pgiven that a ublic hearing Will be held in)lie Cf• } Council Chambers of the City of R.S. of Mo. for 1949 for . .... • times; as follows: Jefferson, Missouri,on October 14 ; 1980 at 7:30 p.m.for the purpose of on csidering a project for whit!,fina• 1st insertion No. ... .... . J.4th. day of September,, • . .. •. 19$0 , • ocial assistance is being sought from* ' ' '' ' ' '' ' ' ,the Missouri pepartmenl of g 0 �Highw•ays and Transportation,pur- 2nd insertion, No. . . . .. ..., .�tll. . . day of Octobe,z<, ,, ,, , ,,, ,, 19 . . . suant to the surface Transportation )Assistance Act of 1978,for the follow- 3rd insertion No. ....... .. ..... . day f ... . . .. . ... . . .. . ... 19. ..... fng u poses:. \• r •r y •t l.' h�City of Jefferson,Missouri. I is requesting an Operating: 4thinsertion, No. . .. .. .. .. .. . ..... day-of .... . .. . ... . .... . .. .. 19. .... . Assistance Grant for the Jeffer-4 son City Transit System for•, Fiscal Year 1980.1981. This• 5th insertion, No. ........, day of ... . . .. . . .. . . . . ., 19. .. ... system provides general public, • mass transportation within the 31 . 6 8 City of Jefferson. The Act pro- Fee: .. .•. ..... �. . • , v! es a federal capital assistance •• •'•' •''• ''• 'subsidy of 80% of all ad- ministrative expenses.The local share6f the cost will be from the Subscribed and sworn to before me this city's general revenue Puna or . . ..• ...• • •.7•�}k•. . any other local-funds available ” for this purpose.The estimated project cost are: day of ....... e V,. l ., 19$p . ., 1990-19x1 Federal Subsidy....$30.538.00 • ,,,, , �/� L:.��!f , City Funds .. $7,634.00 Notary H,�1KHNS Net Project Costs...$38,172.00 lIATt U- 1AISSQI 1 `''"'Capital assistance appffca- lion for the City's Fiscal Ycar M term as Notary Public expires . . .... . ..:,;.1AL�4�::f].. 1979.80(audited)will seek reim- y �' P bursement for administrative ex- C,-,c,i l ppenses. 3.Yhae location of the project will be ai B31 E.,)filler Street to serve the City or Jefferson.Missouri. . C The source of the local match w•fll be the general revenue of the City of Jefferson,Missouri. $.Under the project, there is no relocation of persons;famflies or' 'business contemplated. '.6.There is no change in environme- nt projected under this project. 7.This project is in co 1i ce with the Regional Public Transportation Plan. S.The project is correctly under review by the Stale and Regional A-95CleariegHouse. , 9.This project %-ill provide for" general public mass transports- Pion within Jefferson City, Missouri. 10.Al the hearing,the City of Jeffer- son,Missouri,will afford an op- portunity for interested persons or agencies to be heard with respect to the social,economic:' -and environmental aspects of the project. Interested wrsons may- submit orally. or in writing, evidence and recommendations with respect to said project.If no person(sI requests to give either oral or written evidence and reco• mmendalion three days prior to the public hearing,the applicant is not required to actually hold the public hearin . ]I.Further informalion may be ob• tained by contacting the office of •the M yyor George Hartshetd at IN E.Fli h Street,Jefferson Ci• ty.MO 63101 or by telephoning , �11i3F1431. Libby Tlhen City Clerk N.T.September IC IM0 .T.Oclober7L1980 ' l �• w • i , -I , George Hartsfield, Mayor certify that an opportunity to hold a public. hearing was afforded and that no person or persons requested to appear before or submit written testimony on this grant application. S 641 atur ATTEST: Cit Clerk . Date K FIXIIIBIT it ' RELOCATION The proposed Capital Grant Project will not require the displace- ment or relocation of any families , individuals , business concerns , , or non-profit organixations . There will be no requirement for citizens of' the City of Jefferson to be relocated (See Exhibit F) . The project involves the subsidy of .administrative cost and no real property is involced. I'sXI1T1ZI'I' I PuIZLIC TRANSPORTA'T'ION BENEFITS - TO MINORI'I'IIiS , ELDERLY, ANA) HANDICAPPED JHFFTRAN will carry an estimated 650 ,000 passengers this Fiscal year. Of. the 650 , 000 passenger trips , approximately 18% are elderly, 3% handicap and 2% minorities . - Good administration of the Transit System iiill assure a continuance of the present bene- fits to all Persons using the' system, plus help efforts to upgrade the system for increased service.. Efforts are now underway to enhance the service of the demand responsive bus for the handicapped. A transition plan for accessibility for the handicapped will be prepared by the City. with the aid of consultants . The consult- ants will be paid through 'a Section 18 Planning Assistance Grant which was prepared by the City. All Grant preparations are part of administrative expenses .to be recovered by this Section 18 Capital Assistance Grant . Note; The Section 18 Planning Assistance Grant application is still pending, but is expected to be funded. ' sX1I113 '1 j ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Ff?11URALLY-ASS ISTED ;. PROGRAMS AND ACTIVIT'IE'S RECEIVING Oil FITTING FROM FINANCIAL BENE ASSISTANCE This assurance has been executed , please refer to Exhibit "H!' of. the Operating Assistance application for Fiscal Year 1978-1979. See attached copy, �►w"+ � ASSURANIT CONCERNING Nt1N1►1SCHIMItJA'I•It►N (IN '1111!, IIASI;; 01: IIANI►ICAI' IN Ililll;Itnl,l,l'-A;.';1;;'1'1'1► PItt•1c;RAMS AND ACTIVITIES IlITH I V I NG Olt III:NIA:I'I'•I'1 Nli FROM FEDERAL FINANCIAL ASSISTANCE. City of Jefferson, Missouri. ULY or .Ic' I'I'ertiotl , Plissot►ri , (the Recipient) (Nanieof- Appl icanL) ! AtiltliliS 'I'IIA'I', a:; a condition to the approval or vxlensinn of any Federal fina'nc.i.al assistance from the United Stal.cs 1►cpartmcnt of '1ransportation to construct,any facility, or to parL•icipatc in or 1 obtain any henefit from any program administered by the UrharLin nt , to which the I►epartn►ent's regulation► set forth in Title 49, Code of Federal Itcl;nlal ions, 1►cparttncnt of 'Transportation , Subtitle A, t t)ffiee of the Secretary, I'art 27--"Nondiscriminctti(III nn the Basis of Ilandicap in Prol;ram. and Acti,vit.ies Receivinp, or Itenvritt• itill, from ► iFcdr.ral Fi.natic• ial Ass:istlncc"(the Regulation's) applies, no ot:hcrwiso i cpt�lified 11andicapped person shall , solely by reason or his handicap, be excluded from participation in, be denial the benefits of, or other- wise he subjected to discrimination under any progrsun oz• activity that receives or brnefits from 1-'ederal financial assistance administered t by the Department. of 'Transportation, including the Urban Mass 'i'ransportntion Administration, and GIVES ASSURANCE that: it wi l l conduct any progrant or operate any facility so stnsistcd • in compliance ' w i t.h a l l of t 1►e reflu i rements i mposcd by the Regulation or any l< 1� directive issued pursuant to that Regulation. City of ,le�l'fe► son, Missouri Bate Legal Name Of A111111Cant BY tit► 'c.c. ! /�� fit'