HomeMy Public PortalAboutORD09861 BILL N0. 82-97
INTRODUCED BY COUNCILMAN
ORDINANCE NO.
�'. 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
E! URBAN MASS TRANSPORTATION ACT OF 1964 AS AMENDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI AS FOLLOWS:
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Section 1. The Mayor and Clerk of the City of Jefferson,
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Missouri are 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
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initiate or improve a general public transportation project to be
�i funded under Section 18 of the Urban Mass Transportation Act of j
j1964 as amended, in the amount of Seventy Two Thousand One Hundred
+ Eighty-Four Dollars ($72,184.00) , for the year beginning on the
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first day of November, 1982, and ending on the thirty-first day
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of October, 1983.
li Section 2. The agreement shall be substantially the same in
form and content as the agreement attached as Exhibit A.
Section 3. This Ordinance shall take effect and be in full
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l� force from and after its passage and approval .
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�i Passed Approved
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ATTEST:
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City Clerk
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Project No. RPT-0051 (010)
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 , AJi ssnuri 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 Transportation 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 ("Nonoperating Cost") , such Nonoperating Cost
being estimated to be the amount appearing in the Notification of Grant
Approval. The Commission will make a Grant from available federal funds
in the amount not to exceed 80% of the Nonoperating Cost in a manner
consistent with the rules and regulations of the U. S. Department of
Transportation as contained in 23 C.F.R. 825; and any other regulations
issued pursuant to the Urban Mass Transportation Act, as amended.
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The Grantee will provide from sources other than (a) unauthorized
restricted federal funds, (b) receipts from the use of the project
® facilities and equipment, or (c) revenues of the general public trans-
portation 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 Project Cost. The grant under this Agree-
ment will not exceed 80% 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 Description. If project facilities or equipment
are not used in the manner herein provided or are withdrawn from general
public transportation services, the Grantee shall immediately notify
Commission 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 section, the fair market value of
the property shall be the proceeds from the public sale of such property
or by competent appraisal 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, 1982 to October 31 , 1983 as
specified in the Notification of Grant Approval .
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S. Disputes: Any disputes of facts which might develop as a result of
this Agreement shall be decided by the Chairman of the Commission.
6. Labor Protection: The Grantee shall undertake, carry out, and complete
the project under the terms and conditions determined by the Secretary of the
U. S. Department of Labor to be fair and equitable to protect the interests of
employees 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 10/11/82
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included in Appendix A. The Grantee shall be financially
responsible for the application of the conditions of Section 13(c) .
7. Audits, Inspection and Retention of Records: The Commission, the
AM 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, 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
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incurred in connection with the project shall be retained by the Grantee for
three years from the date of final payment to facilitate any audits or
inspections. All provisions of this Agreement shall be binding on all
subcontractors of Grantee.
8. Property Management Standards: The Grantee's services rendered and
reimbursable expenses incurred shall be those allowable under the provisions
of Federal Management Circular (FMC) 74-4, Federal Procurement Regulation
(FPR) 1-15, and OMB Circular A-102.
9. Reports: The Grantee shall advise the Commission regarding 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 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.
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 prospective 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.
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12. Payment: Progress payments, based upon actual allowable costs, for
not legs 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.
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 purchased 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
interfere with regular service as proposed in the project application. The
following uses are presumed not to be incidental :
(a) Weekday charters which occur during peak rush hours.
(b) Weekday charters which require vehicles to travel more than 50
miles beyond the service area.
(c) Weekday charters which require the use of a particular vehicle
for more than a total of 6 hours in any one service day.
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® The Grantee shall not engage in school bus operations exclusively 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.
Wo 17. Minority Business Enterprise:
(a) Policy - It is the policy of the Department of Transportation that
minority business enterprises as defined in 49 CFR, Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under this agreement.
(b) MBE Obligation - The recipient or its contract 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.
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 Transportation,
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 $ 72, 184
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.
(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.
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(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 any 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.
(b) The Commission may terminate this Agreement without recourse
in the event that, for any reason, federal funds are not
appropriated, allotted, or available to the Commission for the
purpose of meeting the Commission's obligation hereunder. The
Commission will provide written notice of such termination to
the Grantee at least five days prior to the effective date of
termination.
(c) Either party may terminate this Agreement at any time by giving
written notice to the other party of such termination and
specifying the effective date thereof at least 45 days in
advance of such termination date.
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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 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.
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.
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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 City of Jefferson' Mis ouri
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By
rman
Title Mayor
Date 1111.2 Z,j2
Attest: Attest:
AMML
1p Secretary 1z_10_42- City Clerk
p ve to Form:
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ASS 1. Chief Counsel Ordinance Number