HomeMy Public PortalAboutORD09555 BILL NO. ^ ORDINANCE NO.
INTRODUCED BY COUNCILMEN
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND
AOL DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE A
1p 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
f THE URBAN MASS TRANSPORTATION ACT OF 1964 AS AMENDED.
n BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
,f MISSOURI , AS FOLLOWS :
,v.
Section 1. The Mayor of the City of Jefferson, Missouri , is
hereby authorized on behalf of the City of Jefferson to execute a
} contract between the City of Jefferson and the Missouri Highway
and Transportation Commission for a grant to initiate or improve
a general public transportation project to be funded under
Section 18 of the Urban Mass Transportation Act of 1964 as amended
in the amount of Sixteen Thousand Fourty Eight ($16 ,048 . 00)
dollars , 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 J/� Approved
.- re ide t of the Co cil ayo
City C1
Project No. RPT-00S1 (004)
MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT
NONURSANIZED AREA PUBLIC TRANSPORTATION
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, and
reprosentations herein, the parties hereto agree as follows:
1. 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 amotmt appearing in the Notification of Grant Approval.
The Commission will make a Grant from available federal funds in the amount
not to exceed 50% of the Net Operating Cost in a manner consistent with the
, 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) unauthorized restricted
federal funds, (b) receipts from the use of the project facilities and equipment,
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or (c) revenues of the general public transportation system in which such facilities
and equipment 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 50% of the actual Operating Cost.
2. Scope of {York: The Grantee will undertake and complete the project as
specified in the approved project operating application 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 310 1980 as specified
In the Notification of Grant Approval.
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 affected 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 10-17-80
included in Appendix A. The Grantee shall be financially responsible for the
application of the conditions of Section 13(c) .
6. Audits, Inspection and Retention of Records: The Commission, 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 necessary, all
of the Grantee records with respect to all matters covered by this contract.
Such representatives shall be permitted to audit, examine and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
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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
extended, or for another purpose involving the provisions of similar services
or benefits; or (b) the period during which the Grantee retains ownership or
possession of such property. All documents, papers, accounting records and
other material pertaining to costs incurred in connection with the project shall
be retained by the Grantee for three years from the date of final payment to
facilitate any audits or inspections. 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 allowable under the provisions
of Federal Management Circular (FMC) 74-4, Federal Procurement Regulation (FPR)
1-lS, and OMB Circular A-102.
S. Regis: The Grantee shall advise the Commission regarding the progress
of the Project at such times and in such a manner as the Commission may require,
including but not limited to meetings 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 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.
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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 Appendix 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.
13. Minority Business Enterprise:
(a) Policy - It is the policy of the Department of Transportation that
minority business enterprises as defined in 49 CFR, Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in
® whole or in part with Federal funds under this agreement.
(b) MBE Obligation - The recipient or its contractor agrees to ensure that
minority business enterprises as defined in 49 CFR, Part 23, have the maximum
opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement.
In this regard, all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR, Part 23, to ensure that minority
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.
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IS. Reimbursement: The Commission, using funds made available to it from
the grant made to it by the U. S. Department of Transportation, shall reimburse
Grantee for So% of the Net Operating Cost, PROVIDED, HOWEVER, -in no event shall
the total amount reimbursed by the Commission hereunder exceed the maximum
federal share of $ 16 ,048 . 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/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 sub-
mission to and approval by the Commission of appropriate
requisition forms. All requisition forms shall be in
appropriate format approved by the Commission.
(b) Requisition forms requesting reimbursement for operating
expenses shall be in accordance with the approved project
budget as contained in Appendix A.
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(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 notwith-
standing any 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.
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(c) Either party may terminate this Agreement at any time by giving
written notice to the other party of such termination and specifying
the effective date thereof at feast 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 Administration 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.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the last date written below.
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION GRANTEE
lr',.r•,•...,r By
Dates
Attest:
G d-�`�
Secretary
Approved .as to Form:
ORIGINAL SIGNED BY
BRUCE A. RING;
Chief Counsel