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ORD09546
BILL NO. INTRODUCED BY COUNCILMAN Wort ORDINANCE NO. �L 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 HIGHWAY 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 1,40 Highway and Transportation Commission for a grant to operate a r general public transportation project to be funded under Section r 18 of the Urban Mass Transportation Act of 1964 as amended, in the amount of One Hundred Sixty Thousand Four Hundred Eighty Two and 50/100 Dollars ($160,482. 50) for the year beginning on the first day of November, 1979 , and ending on the thirty-first day of October, 1980. 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 _ Approved re dent of thVCouncil Mayor Attest : —KCit# Clerk �.� MISSOURI HIGHWAY AND TRANSPORTATION DEPARTME pr v 5'1 0 0 2. NONURBANI2ED AREA PUBLIC TILANSPOIr.VATION q 77 OPERATING ASSISTANCE GRANT AGREEMENT WHEREAS, the City of Jefferson (hereinafter referred to as "Grantee") has applied to the Commission for a grant of funds made available to the Commission under Section 18 of the .Urban Mass Transportation Act of 1964, as amended, to defray a portion of the operating losses of a general public transportation project carried out by the Grantee; and. . WHEREAS, the Commission has awarded funds available pursuant to said Act to the Grantee with the understanding that such funds will be used pursuant to this Agreement for purposes of the Grantee 's application for operating assistance hereinafter referred to as the "Project" ; NOW THEREFORE, in consideration of the mutual covenants, promises, J` and representations herein, the parties hereto agree as follows: I.' Purpose: The purpose of this Agreement 'is to assist the Grantee in financing the project 's operating expenses that are eligible for federal financial assistance ("Net Operating Cost") , such Net Operating .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 50% • •9f the Net Operating 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 Transportation Act, as amended. The Grantee will provide from. sources other than (a) unautho- rized restricted federal funds, (b) receipts from the use of the 2 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. Operating Cost. The grant under this Agreement will not exceed 500 of the actual Operating Cost. 2 . Scope of Work: The Grantee will undertake and complete the project as specified in the approved project operating appli- cation which is attached to this Agreement as Appendix A and made a part hereof. 3. 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 Ap- proval . 4 . Disputes : Any disputes of facts which might develop- as a result of this Agreement shall be decided by the Chairman of the Commission. S. 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 May 16 . 1980 , included in Appendix A. The Grantee shall be financially responsible for the appli- cation of the conditions of Section 13(c) . 3 6. 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 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 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. ® 7. Property Management Standards : The Grantee' s services rendered and reimbursable expenses incurred shall be those allow-' able under the provisions of Federal Management Circular (FNIC) 74-4, Federal Procurement Regulation (FPR) 1-15, and OMB Circu- lar A- 102. 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 (CFR 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 (CFR Title 49, Part 27) , included in Appendix A. t � 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 con.tracts. . 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 • / 1 r 1 G Cost, PROVIDED, HOWEVER, in no event shall the total amount reimbursed by the Commission hereunder exceed the maximum federal share of $ 160; 482 . 50 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/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. 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. t t (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. 8 (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 any 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. 9 IN WITNESS WHEREOF, the parties hereto have entered into . this Agreement as of the last date written below. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION GRANTEE do ) Ad zt sy, Chairman Dated //•—y' —gd Attest : Secretary Approved as to Form: ORIGINAL SIGNED BY BRUCE A. RING Chief Counsel . '11111+1��,V.t 4 .. 1.,..• .Y f.., MO.• M ' CITY OF JEFFERSON, MISSOURI GEORGE HARTSFIELD MAVOR j May 20, 1980 Mr. Robert Hunter, P.E. Chief Engineer Missouri Highway and Transportation Dept. Highway Building Capitol Avenue Jefferson City, Missouri 65101 Re: Operating Assistance for Fiscal Year 1979-80 Dear Mr. Hunter: The City of Jefferson, Missouri, is applying for a Grant of $160,482.50 under Section 18 of the Urban Mass Transportation i Act of 1964, as amended to assist-,in financing an Operating Assistance Improvement Project. The applicant affirms that the k data shown in this Operating Application is true and correct. 1 t Sincerely, f f eorg Hartsfield Mayor clr OPERATING ASSISTANCE APPLICAT10N Fiscal Year ( RPI 00 -51 - a o2 DATE: STATE PROJI3CT NUMBER: Applicant ' s Name : City of Jefferson, Missouri Contact Person : Street Address : 911 E. Miller Street Martin A. Brose, PE 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 1979-80 in providing general public transportation. Estimated Number of Congressional District : 8 Persons Benefiting : State Representative State Senators 381000 District : District : 119 23 Proposed Funding : Signature of Quarters Authorized Official Federal 160,482.50 1st 40,120.60 State -- 2nd 40,120.60 1 Applicant 160,482.50 3rd 40,120.60 yor Local 73,120.00 4th 40,120.70 Other -- , Total 394,085.00 160,482.50 RHSOLUT I ON WHEREAS, the thief Engineer of the Missouri Department of Highways Lind Transportation is authorized to make Operating Assist- ® ante Grants for General Public Transportation project; and WHEREAS, the contract for financial assistance will impose ccr- tain obligations upon the applicant, including the provision by it of the local share of project costs; Lind WHEREAS, it is the goal of the applicant to provide the best Transit System that can be provided with the money available. NOW, THEREFORE, BE IT RESOLVED BY Till- CITY COUNCIL OF THE .CITY OI' JEFFERSON, MISSOURI, AS FOLLOWS: 1. That George Hartsfield , Mayor , is authorized• to execute and file an application for operating assistance for Fiscal Year 1979-80 on behalf of the City of Jefferson, Missouri, a ' y '~ municipal corporation, with the Missouri Department 'a of Highways and 'Transportation, to aid in the .r financing of a public transportation system. ;?+ 2. That George Hartsfield , Mayor , is authorized to furnish such additional information as the Missouri Department of Highways and Transportation may require in connection with the application or the project. Adopted this day of \, "Alele2•r r. , 19 ` . f S' natu j George Hartsfield Type Name- Mayor Title ATTEST: City C1 Libby Tihen • TanLary 9, 1980 .. Date i t •. • T PttOincrm) 13UDGET f:or, Fiscal Year 1979-1980 ® Period: November 1 , 1979 to October 31 , 1980 Applicant : City of Jefferson, Missouri 1. Total Operating Expenses a. Personnel Services $188 ,998 . 00 b. Materials and Supplies 87,000. 00 c. Utilities 1 ,900 . 00 d. Maintenance 76,307 . 00 e. Insurance and Miscellaneous 40,880. 00 Total Operating Expenses $395,085 . 00 2. Less Ineligible Expenses a. Charter Bus Operating Expenses 1 ,000 . 00 3. Eligible Operating Expenses $394 ,085 . 00 4. Total Passenger and Other Revenue a. Passenger Fare Box Revenue $ 60,000. 00 . b. Ticket Passes 13,000. 00 C Specials (not including charter) 0 d. Miscellaneous Revenues 120.00 Total Passenger and Other Revenue $ 73,120. 00 S. Net Project Cost $320,965 . 00 6. Applicant's Share a. Contribution from City's General Fund $160,482 . 50 b. Unrestricted Federal Fund 0 c. Denoted Local Time 0 . d. Miscellaneous 0 Total $160,482.^50 7. Section 18 Funds Requested $1609482 . 50 Prepared by Title Assistant Director of Public Works Date r LEGAL OPINION The Honorable George Hartsfield Mayor of the City of Jefferson ® City Hall 1� Jefferson City, Missouri 65101 Dear Mayor Iiartsfield : This communication will serve as the requisite opinion of counsel to be filed with the Missouri Highway and Transportation Commission in connection with the application of the City of Jefferson, Missouri, for financial assistance pursuant to the provisions of Section 18 of the Urban Mass Transportation Act of 1964 , as amended , (the Act) , for ' the Operating Assistance Project . I understand that the City of Jefferson, Missouri , has been duly designated a recipient in accordance with the provisions of Section 18 of the Act, and that the Highway and Transportation Commission has concurred in that designation. The legal authority for the City of Jefferson' s ability to carry out the project directly, by lease, contract, or otherwise is set forth below: 1. The City of Jefferson, Missouri , is authorized under Chapter 77 , RSMO 1969 , and amendments thereto and Chapter 11 , Jefferson City Code , 1978 to provide and assist public transportation by acquisition, construction ® and operation of existing or additional transit facilities. This assistance may be provided directly by the City of Jefferson, Missouri , and/or purchase of service or lease arrangements with other parties . 2. The authority of the City of Jefferson to apply for funds under the Act is set forth in a Resolution passed by the City Council of the City of Jefferson on January 7 , 1980, (see copy attached) , and the City of Jefferson' s share of the project funds were. appropriated as a part of the City' s 1979-80 budget. 3. I have reviewed the pertinent Federal , State and local laws, and I am of the opinion that there is no legal impediment to. your making this application. Furthermore, as a result of my examinations , I find that there is no pending or threatening litigation which migh any way adversely affect the propos-eleproject, or ability of the City of Jefferson, Miss i to ca out. R s e ful s itted, hrist r Graham City rney NONDISCRIMINATION 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 follows : 1 . Compliance 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 , Part 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 by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, religion, } creed,. sex, national origin , or ancestry of any individual in the selection and retention of subcontractors , including procurement Aft WW 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 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 Am this contract relative to nondiscrimination on the grounds of race , color, religion, creed, sex or national origin or ancestry of any individual . 6. 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 Departmgnt, (hereinafter referred to as the "Chief Engineer")or the U.S. Department of Transporation 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. • 1 . 1 7. Sanctions for Noncompliance : In the event of the Grantees noncompliance with the nondiscriminat ions 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 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 of the (, Chief Engineer, and in addition , the Grantee may request the United States to enter into such litigation to protect the interests of the United States . rge dartsfield, ayor City of Jefferson, Missouri Date EXHIBIT 110" 1980 A!PROVEr) BUDGET TRANSIT AVIIIORI.1'Y 101 Snlari.es & Wapes $141,188.00 , 103 Overtime 9,500.00 105 Social Security 9,238.00 201 Office Supplies & Printing 500.00 203 Clothing Allowance 4,000.00 205 Motor. Supplies 85,000.00 207 Cleaning Supplies 1,500.00 209 Publications & Periodicals 150.00 t 302 Auto Allowance 10000.00 j { 305 Advertising 2,000.00 f 310 Spec. Sec-Sonitrol 230.00 Transit Study 3,000.00 311 Utilities 1,900.00 312 Conferences & Training 1,500.00 t 403 Damages & Wrecks 1,000.00 ' i 521 Bldg. Repairs & Maint. 500.00 ! 554 Repairs, Motor Vehicles 40,000.00 551 Maintenance of Equipment 150.00 '. i 555 Tires & Tubes 15,000.00 557 Maintenance of Radios 200.00 r 651 Equipment 100.00 + sll7.6%.nn ; t THIS IS TO CERTIFY that the above is a true and correct copy of Budget, showing money approved for rise bf the Transit Authority duriing.the year 1979-19tS , by Ordinance No. 9342, passed by the + City Council and approved by the Mayor on November 2, 1979. ` Signed and sealed • February 4, 1980. 3 t crer • NOTE; Insurance expenses are paid through the General Fund. Mechanic services are paid through the Central Maintenance Budget. EXHIBIT A ' PROJECT JUST I E I CU LON ® PLEASE DESCRIBE THE NEED FOR THE ASSISTANCE BEING REQUESTED IN THIS AP PLICATION1 This request is for funds to reduce the operating subsidy for the current fiscal year(November 1 , 1979 to October 31 , 1980). The Jefferson City Transit System (JEFTRAN) owns and oper- ates 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 JEFTRAN System operates Monday thru Friday, except holidays, from 6:30 am to 6:00 pm each operating day. The handicap bus is maintained as a dial-a-ride service, door to door. JEFTRAN buses will travel approximately 190,000 miles and carry 630,000 passengers this fiscal year. Of the 630,000 passenger trips, approximately 56% are students, 18% senior citizens, 3% handicap and 23% working commuters. The city is subsidizing approximately 81% of the Transit operating budget. With this Operating Assistance Grant this subsidy will be reduced to approximately 40%. 'EXHIBIT "I3-1" CITY OF JEFFERSON FINANCE DEPARTMENT ^ 'DARRELL J.WATTENBARGER,C. P. A. 11140 K. HIGH 8TRKZT bIRECTOR OF FINANCE JEFFERSON CITY,MO. 65101 PHONE(314)630.3300 STATEMENT OF SOURCE OF APPLICANTS SHARE I, Darrell J. Wattenbarger, affirm that the applicant's share for this project originated from nonrestrictive sources . Operating funds for the general Public Transportation of Jefferson City came from the general fund. 'ncerely, / Darrell Wattenbarger, Finance Director CITY OF JEFFERSON FINANCE DEPARTMENT DARRELL J.WATTEN©ARGER,C. P. A. 240 E.HIGH STREET DIRECTOR OF FINANCE JEFFERSON CITY.MO. 65101 PHONE(314)69A-68AE' 634-4949 October 21, 1980 STATEMENT OF CERTIFICATION OF AUDITED FIGURES I, Darrell J. Wattenbarger, will submit a copy of the audited figures for Fiscal Year 1979 - 1980 of the City's Public Transportation Department to the Missouri Department of Transportation as soon as the city is in receipt of it. Sincerely, Dar ell J. Wattenbarger, C.P.A. Director of Finance EXHIBIT "C" PLANNING The stated purposes of this operating assistance application must be in accordance with regional and/or city Transit Development Plan and so stated. Assurances of A-95 (state and local) review and approval should be presented under this Exhibit . ATTACHED 1. Memo from Mid-Missouri Council of Governments 2 . Letter. from Missouri State Office of Administration 3. Standard for 424 (Federal Assistance Application) r / .M . • 1 1 1 M M. C FY Y V E i.: Mid-Missouri Council of Governments , 30 East t113h Street JAN 2 ; Jefferson City, MO 65101 Ph( 14.634.2303 PUBLIC WORKS DEPT. Audrain, Boone, Callaway, Cole, Cooper, Howard, Moniteau, Osage MEMORANDUM TO: Jefferson City Department of Public Works, Transit Division FROM: Jeanne Lineberry, Executive Director SUBJECT: A-95 Review DATE: January 17, 1980 The attached form contains information of official action of the Mid-Missouri Council of Governments board of Directors during the A-95 review of your application. A copy of this information has been forwarded to the funding agency as well as the State A-95 officer. . If you have questions, please do not hesitate to contact this office. Attachment: A-95 Review Summary A-95 SUMMARY RECOMMENDATIONS . r' (Attach to Form 424) Mid-1•1i.ssouri. Council Jefferson City, Dept. Name of Clearinghouse of Governments_ •Applicantof Public works , Transit 14id-Missouri -Council of Govern' ts Div. Reviewer Board of Directors Date of Application 01-04-80 Telephone 314-634-2303 Federal Catalog P of. Prog.20-507 i Date A-95 Comments Forwarded by Clearinghouse to Applicant 01-17-80 ! SUPPORT COMMENTS' MMCOG Board of Directors recommends approval with favorable comments. SUPPORT ONLY WITH CONDITIONS (Indicate major reservations about the pro-. sect and the specific substantive changes or modifications desired. ) CONDITIONS: L-7 'D I O NOT SUPPORT (Summarize the major reasons for recommended disapproval Inc u ing documentation or references to plans, statutes, regulations, etc. , which substantiates disapproval . ) COMMENTS: L7 f'0 COM!4ENT (Although the clearinghouse may not wish to take a formal position, technical comments of the staff may be attached with colunents from other reviews, ) Clearinghouse Representative) pn1.�y ' � 111�`�,•V1�``II State of Missouri OFFICE OF ADMINISTRATION Juseph P.Teasdale P.O. Box 809 William D. Dye, Director Governor Jefferson City 65102 Division of Budget and Planning February 14 , 1980 f`Ffj 1 Y The Honorable George Itartsfield Mayor of Jefferson City PUBLIC WOWK'S DVI City full Jefferson City, Missouri 65101 . Dear Mayor Hartsfield: Subject: 80010089 The State Clearinghouse,. in cooperation with state agencies interested or possibly affected, has completed the -A-95 review on the Jefferson City Department of Public Works ' request for UMTA assistance for an Urban Mass Transportation Capital and Operating Assistance Formula Grant. . We are enclosing the comments received from state agencies for your consideration and appropriate action . The remaining state agencies' involved in the review did not have comments or recom- mendations 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 fChief, Grants Coordinatior j cc: Mid-Missouri Council. of Governments i February 11, 1980 W U • Miss Lois Pohl Office of .Administration O Room 129, Capitol Building Cl) Jefferson City, MO 65101 W L Re: A-95 Review #80010089 - City of Jefferson City, MO - Urban Mass Transportation Capital and Operating --^� Assistance Formula Grant vDear Miss Pohl: :D ' I— ^ The Department of Natural Resources has reviewed the above Q noted project and has the following comment: v C This project must conform to the Missouri Air Conservation Law and Air Quality rules for minimizing fugitive dust resulting O O from construction as well as open burning restrictions applicable to the area of the construction project. 1— V i :o Sincerely, LU DEPARTMENT OF NATURAL RESOURCES Q 0 Fred A. Lafser W Director * o 0 FAL:pra .a r "' m 'RECEIVED .*Cl: FE-9 13 1?er, DIVISION Of Lv:��:.,i AND PLAN`JWO Joseph P. teasdale Governor ' Fred A., Laiser Director i .1"EIDERAL ASSISTANCE 7. API'Ll- C I TS I It-OA-,�)I AVVI ICA- 1`39 A WS 8 0 0 10 10 I. 'Irvi, rnitim-i icmion A11111.1. b. VAII b. VAIE imorilh• (IF lAir orth /.CTIOti APPI ICA111014 CAYIOI4 I IFII ASSIGNED 17 I•%lark nt� 10MICArION OF V11110 0110 forn P-P oil 1:11'(1111 11111HAL ANION I"I'link 4- LEGAL APPL AiiTWa 44-6000193 A,plivni hems : ci ty of je rrer%on OrIani:mCbm IT : Dept. of Public Works, Transit Di V... G. 12 10 C. E!1tvV?.O. CCA : 911 E. Miller Street 11to. _L j;1SU7 d. C,tj : Jefferson City cwrily Col e CRAIA b. TITLE Section 18 of the it. S'Wo : Missouri B. ZIP rode: 65101 Urban Mass Transportation h. C (1 refs.:11 ,C,Mir John Bryan, P.F. , 314-G34-2455 Act of 1964 , as amended � WS P;IOJLCT V. 7YPF OF APPLICANT/fIVC11111JOr TITLE Atil) DESCRIPTION OF APPLICAN A-Slits 11-Community Action A.ancy 1`1.Initt-.1411 I-1111her I dvtat,cfljl linalijul*1C." Fy C-Sul'ttal• ),-Indian Tribe Operating Assistance for Fiscal Year 1979-80 D_Valli C.,untj ct K-Other (Sperify): a- L-City F-SE11474 District C"S I.mill Purpols District ):"ter iojipropriofa letter L1 1 • 9. TYPE Of ASSISTAUCC A-11xvic Ct ant D-Iniurancs U-Supplainantal Gtint E-OW# r"ter r_ t( C-Loon priate lisv) 30. AREA OF PROJECT IhIPACT I Names of cities,counties, 11. rS'11'.I;,TL:D NW,4• 12. TYPE OF APPLICA7101`4 States, EIIS014S A-fies) C-II.-VI.Sicril E-Autmentalim S !e.) 11"ll OF VC 111.141:1,17ING 11--fieriewal ta-Cont I no Won City of Jefferson, Missouri 38,000 rriter appropriate letter An --------------- 23. Titomsco FUNDING 34. CONGRESSIONAL DISTRICTS OF: 25. TYPE OF CHANGE (For itc or 2.1a) A-Increase Vollari F-Oth•r (Specify): a. FEDERAL s 162,25 oo a. APPLICANT b. FRojEcr B-D"I.121• (1011115 C-In.C113to UwsCon 8 Li-atcreass b. IYPI.ICANT 162,250 co _R_ Duration,DD- 1& PROJECT START 27. PROJECT E-Can"Italian C. STATE ,ism VAT C Year mov%L%&V DURATION ):%Iry appro- d. 1001 73.120 -oo 19 ronths printe teltor(s) 00 3a. ESTWAYE0 DATE Year month day 19. EXISTING FEDERAL IDENTIFICA71014 NU MBER - LIE SUB&IITIEU TO 397_1_620 xoj VEOLIt11L AGENCY t.. ig 80 3 1 _N L& 20. FFDE.RAL AGENCY 10 IIECEJVE REQUEST (Nome,City,State,ZIP coda) 21. VEL)ARKS ADDED Federal Highway Administration ❑ Y" E] NO b. It rtnuirod ty WAD Circular A-95 Lhis soplicilion vim% subnAtitil. Furivant to In. Nor.,-3r 22- To Lb boil of rily khowltd;v and Mist. Proro.4♦ data in this attuctioni Vivire;n, to APPICISWiltS CI►3finjh0V%" and all scisponsm are &Itj;rhvJ: impo"t altoeJleof '(11E We and conocl, the document bas b*on EAPPLICANT duty •ut.NcqLssd by the govv. nl.ix bc* of (i) Mid-Missouri Council of CERTIFIES Lso splicant and the oplIcant will 11,11 Governments THAT I- witb the attached Assuirancias If Us ►13151- EA Missouri State Office of Administration • El 0 (3) Q WAE AND b. SIGNATURE c. DATE SIGAEU 23 qivnr-YiN Year vq"th day George Hartsfield, Mayor P 39 _14TA;Vir!: _I a'TYPED 24. AGENCY I •E 25. APPLICA• Y"r month do;, TION RECEIVED 19 23. O;jGANlZATION.AL UNIT 27. ADMINISTRATIVE OFFICE 2a. FEDERAL APPLICATION a,: IDENTIFICATION c. 29. ADDRESS 30L FEDER AL GRANT IDENTIFICATION 31. ACTION -rAKV4 37. FUNDIfia - Year month clay 34. Y~ "Onth day 13 6. AWARDED e. FEDIFLAI. S .03 3.1. ACTION DATE ti� 19 [)srAT AP E TING 19 b. FUECIED b. APPLICANT 35� CONTACT FOR A001110tIAL INVORMA• 35. Y �P_ - .00 1ION (Namo and tcl:,Owns w-umbor) ce,117111,10 Year wontlia day U t. FETUVOD FOR c. SfAIE X10 DAI 1: 19 PKND;jrxr d. LOCAL •00 37. REMARKS ADDEO CA (:) d. ornAIED .00 0-0"-4 t.--I LVT J V. vcs Otto ail •. In taitirs of•s action, any ciim"t3 raealvwl from c1tariniheuiti "a" con. b. Flt)I!LAL A7,'r.CY A•91i 01`11CII-1 sidsofti. It apAry teiporss Is due under p#ov;3iwv at Vsirt 1.OMIT Circular A-9 Name onat 80:0phu"s so.) FEDERAL AGENCY It tea Limon a#Is Winj"do. P-155 ACTION 474-101 STANDARD rO.'04 424 I-A'%C I (10*V 1"imaj4,04►y GSA..0'e.4test Bo.o4o-a«,1 CircuLsir r& Section 18 Allocation i .i CERT'IFICA'TION ® I , George Hartsfiold Mayor of the CitZ of Jefferson, autriorize that $7 , 74 . 60 be dedicat e d trom the City , s Section .18 Allocation to be applied to the 1979-80 Operating Assistance Grant. This request exhausts all available Section 18 funds for this project. Date gnat e CITY OF JEFFERSON, MISSOURI 00S I Mid-MISSOLiri Council of Governments • /1.1 ,11.41k-rsoll S;I, • Jotfur soli Cdy, Ifr;snur; fill;I • 314 634.2303 .c5' '•3 L;ret:•: .. 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 : #1946 - . $24 ,166. 00 #1947 5,834.00 These 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 Audra^ • Boona• Ca4m,ay • Col: •Cooper• Howard•Mornleau•Osage Mr.. Blunter October 20, 1980 ' Page 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 p W ent the Transportation Advisory Committee and the board of Directors 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,, ' ?eann�eLi�neberry 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 • w October 21, 1980 authorize $1539408. 20 be dedicated Chief Engineer to this project from the state Section 18 discretionary fund. Jefferson City Operating Assistance FY ' 79-80 Project RPT-0051(002) IZ /- O Date EXHIBIT "D" i PUBLIC TRANSPORTATION PROGRAM 1. STATEMENT THAT THIS OPERATING ASSISTANCE APPLICATION WILL NOT DUPLICATE ANY OTHER GENERAL PUBLIC TRANSPORTATION PROVIDER IN YOUR SERVICE DISTRICT. This Operating Assistance Grant is to help maintain the present Transit System. 1Vhich does not duplicate any other general public transportation provider in JEFTRAN service area. Z. STATEMENT OF HOW THE APPLICANT' S OPERATING BUDGET CAN BE COORDINATED WITH OTHER GENERAL PUBLIC TRANSPORTATION PROVIDERS IN YOUR SERVICE- AREA. Presently JEFTRAN is cooperating with the Columbia Area Transit System (CATS) . CATS transports passengers to JEFTRAN transfer point within City. JEFTRAN then takes CATS passengers to there distination at no charge to the passengers. CATS bus after discharging its passengers at transfer point..takes JEFTRAN passengers .into an-area, . of Jefferson City that JEFTRAN 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 System (CATS) B. Taxi Cabs: Yellow Cab Co. Veteran Cab Co. C. Special Transportation Services: Adult Activity Center Goshorn Handicapped Center Head Start Programs (Central Mo. Counties Human Development Corp.) Older Adults Transportation Service (OATS) EXHIBIT E LABOR 1. PLEASE STATE HOW THIS PROJECT WILL AFFECT THE EMPLOYMENT CONDITIONS OF YOUR EMPLOYEES. The operating assistance grant will enable the City to maintain its present JEFTRAN System employees and the benefits they presently have. 2. WHAT 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. f EXHIBIT "E-2" ACCEPTANCE OF SPECIAL SECTION 13(C) WARRANTY ® FOR APPLICATION TO T11E SMALL URBAN AND RURAL PROGRAM Name of Grantee: City of Jefferson Address: 240 E. High Street Jefferson City, Missouri 65101 ! Telephone: 314-636-7451 (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 Mass Transportation Act of 1964, as amended, hereby agrees to AAL 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 Special Section 13 (C) Warranty and that the State of Missouri, acting through its Highway and Transportation Department, 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: Mayor Date: 5-16-80 Ir • ,O •ri C 0 to O 0 44 F' M 4J rt td O M u t!1 ro 00 •--7' 4j to +j•rl 4) O M 4) ro a H _ O to O ►- PLO vL J u -1 0 ® 4) er N v r-1•rl y- V) N L u P4 f� V) •- 4) 7 4) C O a r-4 W 4)N 3 in O O 010 V) N to t1 7 �ro w v t- E r�1 OW �•? 9 ►- •- 1- ¢ U o TI 94-4 4) H 9 o aH co fu n u v V) F+ a) to u b H a) H c •ri u v r-1 O 1 .� •r)•d .o p, ro O r t.r.1 •rr V) +� a :j O tOd n O >~ w W F+ to 3 m c IN- 4J M td O 4)•H'd N C M r• 4J v �4J ��•y L-I- em u o c� 4 °a H ;; 1- aa m •> a tr '. a C ._ ro v-p L FN"r N p, wrt u F' C O E cd 19 to +-) cd O +J to M 4J v c U � U NO +J Fr b O td .��.. u [-r H W 4J (U ..Q u 'v u 4) p• p L to n .r1 •rl cd •p' a) $-, 4 u )x O 0 t+" v a >1 N 9 • Cd +J o 4J N to 9: E- •H 1 ta0 (D to •r1 It 44 N U W H OQ M I pv tn C •- v Ch Cd u'r 1 Z Ft- 0)) E O O O •O O .o .► 4) O t+- .- u L { -o L 4- s x o- a) e'G u t> > c a v 41 .- u W O. v O •n•H Fr 0 +.) 4V- c L o 0 to ro uvi H 9 Cs, a ce 4J 4J .A' c 4- i+ 4A .c 4) 'v pq •rq Rt O ro •- T E " M v 4J v u C t.) to ._ •_ •_ a 7i w a � �a •- �° 4°. 4j in 4j 4) _ ro -ta aI.- L ro L to ro c G. O ao 0 L. 0 >,.•- (a¢ a 4- F- a to 'D .0 Special S'cction 13 (c) Warranty for Application to the Small Urban aTid Rural Program The following 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: .A. General Application _ The Public Body ("N111TV) agrees that, in the absence waiver by the n_!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. B. Standard Terms and Conditions - X. • •" (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 t116 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 thoy do not impair the rights -22- • r And interests of affected employees. The term i "Project, " as used herein, shall not be limited ! to the particular facility, service, or- operation an-fisted by federal funds, but shall include any ` • rages, whether organizational, operational, technological, or otherwise, which are a result of i the assistance provided. The phrase "as a result 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- ject and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume � •.? and character of employment brought about by causes. . other than the Project (including any economies or efficiencies unrelated to ,the Project) are not with- in the purview of this arrangement. �14 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 Project services, or exhaustion of Project funding Wall not be deemed eligible for a dismissal or ' '�'?�'•, displacement allowance -within the meaning of paragraphs ( r (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 • services provided by that Recipient shall be provided I l •' under and in accordance with any collective bargaining agreement applicable to such employees which is then in effects VA (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 rearrangements of ;, ! the working forces: In the case of employees repre- . Dented by a union, such notice shall be provided by Certified mail through their representatives.. The tice shall contain a full and - adequate statement the proposed changes, ' and an estimate of the number li;, mf er.»loyees• affected by the intended changes, and W the number and classifications of any jobs in the - Recipient' s empl%rment available to be filled by uucil affected employees. j•= -23- ��� • 1 • (2) (c) The procedures of this .`ubparagraph shall apply to cases where notices involve employees represented by a • on for- collective bargaining purposes. At the request either 'the Recipient. or the representatives of such em- ployees negotiations for the purposes of reaching agreement 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) clays 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 warranty. The foregoing procedures . shall be complied with and carried out prior to the in- * r stitution of the intended action. (3) For the purpose -of providing the statutory required t 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 below2 , provided that other comparable arrange- ments may be substituted therefor, if approved by the Secretary of Labor and certified for inclusion in these onditions. 1 Such protective arrangements shall include, without being limited to, such provisions as may be necessary for (1) ; the preservation of rights, privileges, and benefits t (including continuation of pension rights and benefits) Lander 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 mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training 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 ! of -February 4, 1887 (24 Stat. 379) , as. amended. ' ?/ For purposes of this warranty arrangement, paragraphs (1) ; ' • (2) ; (5) ; (15) ; (22) ;.. (23) ; (24) ; (26) ; (27) ; (28) ; and (29) of the Model Section 13 (c) Agreement, executed July 23, •1975 are to be omitted. w24- (4) Any dispute or controversy arising regarding the application, interpretation, or enforcement of any of the'provi.ions of this arrangement- which cannot b settled by and bet wcon the parties at interest iin thirty (30) days after the dispute or controversy t first arises, may be referred by any such party to ,,.• any final and binding disputes settlement procedure , ' `} acceptable to the parties, or in the event they cannot agree, upon. such procedure, to the Department of Libor or an impartial third party designated by the Department ' of Labor for final and binding determination. The compensation and expenses of the impartial, third party, and any other jointly incurred expenses, shall be borne equally by the parties to the proceeding and all other expenses shall be paid by the party incurring them. In the event of any dispute as to whether or not a partibular employee %•:as affected by the Project, it 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 for the apply cation ;its of these conditions to prove that factors- other than the : Project affected the employees. The claiming employee all prevail if it is established that the Project. an effect upon the employee even if other factors • . • ,�.; may also have affected the employee. (5) The Recipient or other legally responsible party i .'` ` designated b the Public Body will be financially - lip g Y Y �t►�=, responsible for the application of these conditions i ; ••. and will make the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee, may file claim of ►► +_�� violation of these arrangements with the Recipient within sixty (60) days of the date he is terminated i; :• or laid off as a result of the Project, -or within ! eighteen (13) months of the date his position with -respect to his employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over IJI; an extended period, the 13-month limitation shall bei measured from the last such event. No benefits shall • • 'be payable for any period prior• to six (6) months from ! �� date of the filing of any claim. . (6) Nothing in this" arrangement shall be construed i '•_ ! as depriving any employee of any rights or benefits "t• which such. cmployee may have under existing employment or collective bargaining agreements, nor shall this list arrang.orient be deemed a waiver of any rights of any uttion or of any represented employee derived from any other agreement or provision of federal, state or local law. P � !s -25- '� ' (7) In the event any employee covered by these arrange- x meets is terminated or laid off as a result of the Project, he shall be granted priority of employment ; or reemployment- to fill any vacant position within the cz control of the Recipient for which he is, or by training or retraining within a reasonable period, can become qualified. In the event training or retraining is required by such employment or reemployment, the Recipient or other legally responsible party designated by the Public Body shall 'provide or provide for such 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 under the Urban Mass Trans-- �1••5t. 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 set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant boors 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- mination of any claims arising thereunder. (9) Any labor organization which is the collective bar- gaining representative of employees covered by theseY arrangements, may become a party to these arrangements by the on ws serving written notice of its desire to do so upon .. �_�. Recipient and the Department of Labor. . In the event of any disagreement that such labor organization represents r ' covered employees, or is otherwise eligible to become a �. party to these arrangements, as applied .to the Project, ,. the dispute as to whether such organization shall participate shall be determined by the Secretary of Labor. (10) In the event the Project is approved for assistance '�tx 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. -26- ,. so in '1 lit C. Waiver As a part of the grant approval process, either the ipient or other legally responsible party designated the Public Body may in writing seek from the Secre- tary of Labor a waiver of the statutory required pro- tcctions. The Secretary will waive these protections in cases, where at the time of the requested waiver, the ( _ Secretary determines that there are no omployees. Of the Recipient or of any other surface public transporta- tion providers in the transportation service area who 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 ;��±:.•;a notice period. In the evEnt of timely objection, the �.:. _�• Department of Labor"••rill review- the matter 'and determine f aj ►;+{ whether a waiver shall be granted. In the absence of waiver, these protections shall apply to the Project. `"' '•�^ Iti•}�T. to -29- .1 Fxibit rt1711 PUBLISHER'S'ATFIDAVIT [I F ATE OF MISSOURI, ) ) ss. COUNTY OF COLE, ) Alift ....... . .... .•.. . . . Robea:t .111 nsser. , ... . . . being duly sworn, !according to law, says he is . . .I'rr.s idviit . of the Wws Trihune Company, Publisher ofthe . ..• . . . . . . . .. W . . . . .. a newspaper printed and published in the Count of Cole and State afore- NOTICEOF p p y PUBLICHEARING said; that said newspaper has been published continuously for more than For a Proposed Operating three years; and that the notice hereto attached was published in said paper Assistance tet`t Forhc Project Jefferson Missouri in compliance with the provisions of Section 493.050. Notice is herehs given that a Public hearing will be given the Ci• y Council of the City of Jeffersonl" R.S. of Mo. for 1949 for .. . . . .VI nA-9 . ... as fO1lOWS: Allssourl,on March 17,1990 at 7:30' P.m.(or the purpose of considering a•' 1'ebTU81 $d Protect for which financial 1st insertion, NO. ..... .. ., 5t)1.. day Of . . . .. . .. .7r. .. .... ., 19... ... assistance is being sought from the Missouri Department of Highways 2nd insertion No. . ... .. .. ., 9t1}. .. day of . March,, • . , . . . 19. $0 and Transportation,pursuant to the Surface Transportation Assistance Act of 1976, for the following pur- 3rdinsertion, No. .... . .. .. . .. ..... day of . .... .. ... . .. .. . .... .. 19. ..... Poses: 1.The City of Jefferson,Missouri, .is requesting an operating 4th insertion, No. .. .. . .. . . .. ..... day-of . .... . . ... . ... ..... .. 19. .... . Assistance Grant for the Jefferson City Transit System for Fiscal fear 5th insertion, No. ..... .. ., .... day of 19• , ,,, 1979.60, This system provides •• • general public mass transportation within the at of Jefferson.The Act Provides a federal operating subsidy Fee: ...P-24.. ... ... .. . of 50%of net ellgibis operating ex. penses.The local share of the cost will be from the city's general revenue fund or any other local Ask Subscribed and sworn to before me this .... 2Lst. . .. .. ... funds available for this purpose.The estimated project costs are: day of . .. .. l�r�.1:. .. .. ... :,. ....., 19..80., FederalSubsia 1979.60 W City Funds y $162,250.00 •.. NetPro�ectcosts 162,250.00 324,50000 . lr�`vr`t-•►��1cJ. .. �1TK1N�. 2. This operating assistance ap. otary PublieJERALD H 1979.00 IaudiledlCeull seeklreimr NOTARY PU&L1C. STATE OF MISSC7W I bursement for eligible operating ex. My term as Notary Public expires . . ..... ...MLAWAy C-O,•• , penses. • •, 3.The location of the project will It U1551(w�las OCT, 15 190be at 631 E.Miller Street In serve the. ��■ � ■■����a �■��Icily Of Jefferson,Missouri, will be the gene al revenue of he C. �_.._._... .. .... tyofjefferson,Missouri. 5. Under the project, there is no relocation of persons, families or businesses contemplated. 6.There is no Change in environ• ment projected under this project. with tthesRegional Public Transpor. Italian Plan. review w byr1�e`Slateuand!Regional A-95 Clearing House, 9. This project will provide for general public mass transportation w10.eAt Jefferson he hearing,e Missouri. tuyrof Jef• /erson, bliuourl,will afford an op• portunily(or interested persons or thgen$Octal beconr mach randeCen Interested persons may submit oral: ® ly, or in writing, evidence and recommendations , respect to said project, If no Person(s) re• evidence and recommendati n three day's prior to the public hearing,the applicant Is not required to actually hold the public hearing. blained by eonlact ngtthe office of the Mayor George Nartsfield 31 240 i '111 gh Street,Jefferson Cllyy,Mo. 511 or by Telephoning 31/•63F7151, Libby Tlhea Clly Clerk i P.T.Feb.is,19ao N.T.March 9.111" r April 10, 1980 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, i Signature ATTEST: L City Cl r�C Date Exhibit "G" BENEFITS OF PROVIDING PUBLIC 'rRANSPORATION Project on estimate of number of total annual one-way trips to all citizens of Jefferson City 630,000 . . . 100% Project on estimate of number of total annual one-way trips to Jefferson City' s - Elderly 113,400 . . . Handicapped 18 ,900 . . . Minorities 10, 300 Students under 18 342 , 500 Subtotal 4859100 77% Non-exclusive school bus runs Adults 144,900 23% Listing of fares charged Adult fare - 25� Children (age 5-12 yrs . old) - 15� School children-age 13 yrs . or older who are ) enrolled in any elementary, junior) or senior high school in the ) - 15� Jefferson City area (only good on ) school days and between the hours ) of 7 :OOam to 4 :15pm) ) Children (under 5 yrs . of age) accompanied by an adult are transported free of charge. Transfer-there is no extra charge for transfers Senior citizens (65 or older) - Senior Golden Passes ) will be issued for a period of one year ) $1 . 00 to expire on December 31 for the price ) of one dollar ) Handicap bus service (door to door) -This service will ) operate from 7 : 00 am to 6 :00 pm ) 50� on all days of normal bus service ) ,.. , EXHIBIT I'll" • 4 ^ 1 ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE City of Jefferson, Missouri City of-Jefferson . Missouri , (the Recipient) (Name of Applicant) AGREES THAT, as a condition to the approval or extension of any Federal financial assistance from the United States Department of Transportation to construct any facility, or to participate in or obtain any benefit from any program administered by the Department, to which the Department's regulation set forth in Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 27--"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance"(the Regulations) applies, no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or other- wise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance administered by the Department of Transportation, including the Urban Mass Transportation Administration, and GIVES ASSURANCE .that it will conduct any program or operate any facility so assisted in compliance ( with all of the requirements imposed by the Regulation or any directive issued pursuant to that Regulation. 5-16-80 City of Jefferson, Missouri Date Legal Name of Applicant By: SVturf of Authori id Official