HomeMy Public PortalAboutORD15451 •
BILL NO. 2015-62
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. 1611-51
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE
MISSOURI DEPARTMENT OF TRANSPORTATION (MODOT) FOR ACCEPTANCE
OF SECTION 5310 GRANT FUNDS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a grant agreement with the Missouri Department of Transportation (MoDOT) for
Section 5310 Grant Funds.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passageandapproval. I
Passed: ) 0 . 9-0// 5- Approved: If— /`7 --15-
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Presiding Officer Mayor Carrie Tergin
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qty-Clerk, 7 City Counselor
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CCO Form: TC04
Approved: 02/94 (KRR)
Revised: 01/15 (MWH)
Modified: 04/15 (MWH) Project No. MO-16-X052
CFDA Number: CFDA #20.513
CFDA Title: Enhanced Mobility of Seniors and Individuals with Disabilities -
Capital Assistance Program
Federal Agency: Federal Transit Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
5310 CAPITAL ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and CITY OF JEFFERSON,
MISSOURI (hereinafter "Grantee").
WHEREAS, the Grantee has applied to the Commission for a grant under Title
49 United States Code (hereinafter, "USC") Section 5310, (hereinafter "5310") for
equipment to provide transportation to elderly individuals and individuals with
disabilities; and
WHEREAS, the Commission has awarded a grant using funds available under
Section 5310 to the Grantee with the understanding that transportation equipment
purchased under this Agreement will be used for the purposes of the project specified in
the Grantee's application for 5310 assistance, which is attached as Appendix A and
incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is
to assist the Grantee in securing equipment to provide transportation to elderly
individuals and individuals with disabilities.
(A) The Commission will make a grant from available federal funds in
an amount not to exceed eighty percent (80%) of the actual equipment costs in a
manner consistent with the administrative rules of the United States Department of
Transportation (hereinafter, "USDOT") as contained in the Federal Transit
Administration (hereinafter "FTA") Circular 9070.1G dated June 6, 2014, and any other
regulations issued pursuant to the Federal Transit Act, as amended.
(B) The Grantee will provide funds in an amount of no less than twenty
percent (20%) of the actual equipment costs. The Grantee's local share will originate
from sources other than federal funds.
(2) SCOPE OF WORK: The equipment funded under this Agreement is
specified in the approved project application (Appendix A), and the area to be served is
shown in Appendix C, which is attached hereto and incorporated herein by this
reference, and which may be revised by written notification from the Commission.
(3) PERIOD OF PERFORMANCE: The project period shall be from the date
upon which this Agreement is executed until the equipment purchased under this
Agreement is disposed of in accordance with Paragraph (18) of this Agreement.
(4) PROJECT COSTS: The cost of the project shall be the actual costs of all
equipment designated in the approved project budget and purchased by the
Commission as specified in Paragraph (5) of this Agreement. Any change in project
costs after the grant is made and an initial cost is determined will be shared as
determined by the Commission, but in no event will the Commission's share exceed
eighty percent (80%) of the changed project costs.
(5) PURCHASE OF PROJECT EQUIPMENT: The purchase of all project
equipment financed in whole or in part under this Agreement shall be undertaken by the
Commission on behalf of the Grantee in accordance with the procedures established by
FTA, except where written authorization for local procurement is granted by the
Commission. If the Commission authorizes local procurement, the Commission
reserves the right to review and concur in the Grantee's specifications and
advertisement for purchase of transit equipment. The Commission will concur in award
of bid by the Grantee prior to execution of the Agreement between the Grantee and any
bidder.
(6) SECURITY: The Grantee will hold title to any vehicle(s) purchased as a
part of this project, with the Commission shown as the first lien holder on each. Any
and all fees required to be paid to secure and maintain said lien shall be paid by the
Grantee.
(7) NO WARRANTY:
(A) If the Commission procures equipment on behalf of the Grantee,
the Commission makes no warranties, express or implied, to the Grantee with respect
to such equipment, including, but not limited to, any warranty of merchantability or
fitness for a particular purpose. The Grantee's acceptance or use of the equipment
constitutes the Grantee's acknowledgement that the equipment is in working condition
at that time.
(6) The Grantee shall defend, indemnify and hold harmless the
Commission, including its members and department employees, from any claim or
liability based on a claim for damages to real or personal property or to a person for any
matter relating to or arising out of the Commission's procurement of equipment on
behalf of the Grantee under this Agreement.
(8) ASSIGNMENT OF PROJECT EQUIPMENT: Appendix C lists the county
or area where the capital equipment is assigned. If the Grantee becomes financially
unable to operate within the assigned county, in the judgment of the Commission, the
1)
Grantee will relinquish the title(s) of the items in Appendix C to the Commission. The
Commission will assist the Grantee in recovering twenty percent (20%) of the current
fair market value, although it is not obligated to do so and may take possession of the
equipment without doing so. Capital equipment, once assigned, cannot be reassigned
to another county without the Commission's express written consent.
(9) USE OF PROJECT EQUIPMENT: The Grantee agrees that the project
equipment shall be used exclusively for provision of the elderly and/or disability
transportation service described in Appendix A during the useful life of the equipment
and for no other reason or purpose whatsoever. Vehicles acquired under the project
must be maintained in accordance with MISSOURI PROPERTY MANAGEMENT
STANDARDS, CHAPTER 53 (5310) OF TITLE 49, UNITED STATES CODE (Appendix
B). Determination of the end of a vehicle's useful life will be made by the Commission
based on mileage and other factors (see Appendix B). The Grantee shall keep
satisfactory records with regard to the use of equipment and submit to the Commission,
upon request, such information as is required in order to assure compliance with this
section. The Grantee shall immediately notify the Commission in all cases where
project equipment is used in a manner different from that described in Project
Description (Appendix C). The Commission and FTA shall have the right to conduct
periodic inspections for the purpose of confirming proper maintenance pursuant to this
section.
(10) MOTOR VEHICLE SAFETY AND POLLUTION: All motor vehicles
purchased pursuant to this Agreement will comply with the Motor Vehicle Safety
Standards as established by the USDOT.
(11) REPORTS: 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, financial statements, data, records, contracts and
other documents related to the project. The Grantee shall also submit to the
Commission at the beginning of each calendar year, for as long as project equipment is
owned by the Grantee, a certification that the project equipment is still being used in
accordance with the terms of the project described in Appendix C and that no part of the
local contributions to the cost of the project has been refunded or reduced.
(12) SUBCONTRACTS: Unless otherwise authorized in writing by the
Commission, the Grantee shall not assign any portion of the work to be performed
under this Agreement, or execute any contract, amendment or change order thereto, or
obligate itself in any manner with any third party with respect to its rights and
responsibilities under this Agreement without the Commission's prior written consent.
All subcontracts shall be subject to the terms and conditions of this Agreement.
(13) AUDITS, INSPECTION AND RETENTION OF RECORDS:
(A) The Grantee shall permit the Commission and the FTA, or any of
their representatives or designees, to inspect all vehicles, facilities and equipment
purchased by the Grantee as part of the project, all transportation services rendered by
the Grantee by the use of such vehicles, facilities and equipment, and all relevant
project data and records.
(B) In addition, the Commission and the FTA, or any of their
representatives or designees, shall have full access to and the right to examine, during
normal business hours and as often as the Commission or the FTA deems necessary,
all of the Grantee's records with respect to all matters covered by this Agreement. Such
representatives shall be permitted to audit under the guidelines of OMB Circular A-133,
"Audits of State, Local Governments, and Non-Profit Organizations", examine and make
excerpts or transcripts from such records and other matters covered by this Agreement.
Such rights shall last for three (3) years beyond the longer of the following periods: (a)
the period during which any property acquired with funds provided pursuant to this
Agreement 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 (3) years from
the date of final payment to facilitate any audits or inspections.
(14) TERMINATION: This Agreement may be terminated upon any of the
following conditions:
(A) If, for 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 and/or state 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 (5) 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 forty-five (45) days in advance of such termination date.
(15) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Grantee shall comply with all local,
state and federal laws and regulations relating to the performance of the Agreement.
(16) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Grantee agrees as follows:
(A) Civil Rights Statutes: The Grantee shall comply with all state and
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federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et
seq.), as well as any applicable titles of the Americans with Disabilities Act (42 USC
12101, et seq.). In addition, if Grantee is providing services or operating programs on
behalf of the Missouri Department of Transportation or the Commission, it shall comply
with all applicable provisions of Title II of the Americans with Disabilities Act.
(B) Administrative Rules: The Grantee shall comply with the
administrative rules of the USDOT relative to nondiscrimination in federally-assisted
programs of the USDOT (49 Code of Federal Regulations (hereinafter, "CFR") Subtitle
A, Part 21) which are herein incorporated by reference and made part of this
Agreement.
(C) Nondiscrimination: The Grantee shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Grantee shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR 21.5, including employment
practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of Grantee. These apply to all solicitations either by
competitive bidding or negotiation made by the Grantee for work to be performed under
a subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the Grantee of the requirements of this
Agreement relative to nondiscrimination on the grounds of the race, color, religion,
creed, sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The Grantee shall provide all information
and reports required by this Agreement, 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 Commission or the USDOT to
be necessary to ascertain compliance with other contracts, orders and instructions.
Where any information required of the Grantee is in the exclusive possession of another
who fails or refuses to furnish this information, the Grantee shall so certify to the
Commission or the USDOT, as appropriate, and shall set forth what efforts it has made
to obtain the information.
(F) Sanctions for Noncompliance: In the event the Grantee fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the USDOT may determine to be appropriate,
including, but not limited to:
complies; and/or 1. Withholding of payments under this Agreement until the Grantee
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2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Grantee shall include the
provisions of paragraph (16) of this Agreement in every subcontract, including
procurement of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
USDOT. The Grantee will take such action with respect to any subcontract or
procurement as the Commission or the USDOT may direct as means of enforcing such
provisions, including sanctions for noncompliance; provided that in the event the
Grantee becomes involved or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the Grantee may request the United States to
enter into such litigation to protect the interests of the United States.
(17) SECTION 504 ASSURANCES AND THE AMERICANS WITH
DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements
imposed by the USDOT regulations implementing the Rehabilitation Act of 1973, as
amended, and the Americans with Disabilities Act of 1990 (and any subsequent
amendments thereto) set forth in 49 CFR Subtitle A, Parts 27, 37, and 38, as well as all
applicable regulations and directives issued pursuant thereto by other Federal
Departments or agencies.
(18) DISPOSITION OF EQUIPMENT: All equipment purchased under this
Agreement will be disposed of in accordance with the MISSOURI PROPERTY
MANAGEMENT STANDARDS, CHAPTER 53 (5310) OF TITLE 49, UNITED STATES
CODE (Appendix B, which is attached hereto and incorporated herein by this
reference).
(19) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No
member 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.
(20) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The Grantee shall comply with all reporting requirements of the Federal
Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This
Agreement is subject to the award terms within 2 CFR Part 170.
(21) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(22) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Grantee shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Grantee's
wrongful or negligent performance of its obligations under this Agreement.
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(B) The Grantee will require any contractor procured by the Grantee to
work under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(23) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representatives of the Grantee and the Commission.
(24) CHARTER AND SCHOOL BUS PROVISIONS:
(A) Charter Service Operations: The Grantee shall comply with 49
USC 5323(d) and 49 CFR Subtitle B, Part 604, which provides that recipients and
subrecipients of FTA assistance are prohibited from providing charter service using
federally funded equipment or facilities if there is at least one private charter operator
willing and able to provide the service, except under one of the exceptions of 49 CFR
604.9. Any charter service provided under one of the exceptions must be "incidental,"
i.e., it must not interfere with or detract from the provision of mass transportation.
(B) School Bus Operations: The Grantee shall comply with 49 USC
5323(f) and 49 CFR Subtitle B, Part 605, which provides that recipients and
subrecipients of FTA assistance may not engage in school bus operations exclusively
for the transportation of students and school personnel in competition with private
school bus operators unless qualified under specified exemptions. When operating
exclusive school bus service under an allowable exemption, the Grantee may not use
federally funded equipment, vehicle, or facilities.
(25) BUY AMERICA: The Grantee agrees to abide by the provisions of the
Buy America requirements in 49 CFR Subtitle B, Part 661.
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(26) RESTRICTION ON LOBBYING: The Grantee agrees to abide with the
requirements of 31 U.S.C. 1352.
(27) CONFIDENTIALITY: The Grantee shall not disclose to third parties
confidential factual matters provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Grantee
shall notify the Commission immediately of any request for such information.
(28) ENERGY CONSERVATION: The Grantee agrees to comply with
mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 USC 6321 et. seq.).
(29) FEDERAL CHANGES: The Grantee shall at all times comply with all
applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the most recently issued FTA Master
Agreement, as they may be amended or promulgated from time to time during the term
of this Agreement. The Grantee's failure to comply shall constitute a material breach of
this Agreement.
(30) CLEAN AIR: The Grantee agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC 7401
et. seq. The Grantee shall ensure that its contractor will report each violation to the
Grantee. The Grantee will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office. The Grantee also agrees
to include these requirements in each contract exceeding $100,000 financed in whole or
in part with Federal assistance provided by FTA.
(31) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee
acknowledges and agrees that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent
the express written consent by the Federal Government, the Federal Government is not
a party to this Agreement and shall not be subject to any obligations or liabilities to the
Grantee or any other party pertaining to any matter resulting from the Agreement. The
Grantee agrees that it will ensure that the contractor will include the above clause in
each subcontract financed in whole or in part with Federal assistance provided by FTA.
It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
(32) CLEAN WATER: The Grantee agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 USC 1251 et. seq. The Grantee will require its contractor to report
each violation to the Grantee and understands and agrees that the Grantee will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office. The Grantee agrees that it will ensure that the contractor will agree to
include these requirements in each subcontract exceeding $100,000 financed in whole
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or in part with Federal assistance provided by FTA.
(33) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS:
(A) The Grantee acknowledges that the provisions of the Program
Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT
regulations, "Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its
actions pertaining to this Project. The Grantee shall ensure that the contractor will
certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract of the FTA
assisted project for which this contract work is being performed. In addition to other
penalties that may be applicable, the Grantee further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the USDOT reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Grantee to the extent the USDOT deems
appropriate.
(B) The Grantee also acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification to
the USDOT under a contract connected with a project that is financed in whole or in part
with Federal assistance awarded by FTA under the authority of 49 USC 5310, the
USDOT reserves the right to impose the penalties of 18 USC 1001 on the Grantee, to
the extent the USDOT deems appropriate.
(C) The Grantee agrees to include the above two clauses in each of its
contracts financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the contractor
subcontractor who will be subject to the provisions.
(34) STATE AND LOCAL LAIN DISCLAIMER: The use of many of the
suggested clauses are not governed by Federal law, but are significantly affected by
State law. The language of the suggested clauses may need to be modified depending
on state law, and before the suggested clauses are used in the Grantee's procurement
documents, the Grantee should consult with their local attorney.
(35) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)
TERMS: The preceding provisions include, in part, certain Standard Terms and
Conditions required by the USDOT, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by the USDOT, as set forth in
FTA Circular 4220.1 F, dated November 1, 2008, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Grantee shall not perform any act, fail to perform any act, or refuse to
comply with any requests which would cause the Grantee to be in violation of the FTA
terms and conditions in FTA Circular 4220.1 F.
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(36) GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT): The Grantee agrees to comply with the requirements of the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction as submitted with the grant application.
(37) AUDIT REQUIREMENTS: If the Grantee expends seven hundred fifty
thousand dollars ($750,000) or more in a year in federal financial assistance it is
required to have an independent annual audit conducted in accordance with 2 CFR Part
200. A copy of the audit report shall be submitted to MoDOT within the earlier of thirty
(30) days after receipt of the auditor's report(s), or nine (9) months after the end of the
audit period. Subject to the requirements of 2 CFR Part 200, if the Grantee expends
less than seven hundred fifty thousand dollars ($750,000) a year, the Grantee may be
exempt from auditing requirements for that year but records must be available for
review or audit by applicable state and federal authorities.
(38) COMMISSION REPRESENTATIVE: The Commission's Director of
Multimodal Operations is designated as the Commission's representative for the
purpose of administering the provisions of this Agreement. The Commission's
representative may designate by written notice other persons having the authority to act
on behalf of the Commission in furtherance of the performance of this Agreement.
(39) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or respecting its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(40) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(41) NONSOLICITATION: The Grantee warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(42) SOURCE OF COMMISSION FUNDS: The obligation of the Commission
for financial assistance in the project is contingent upon this Agreement being approved
by the FTA and the USDOT, and upon federal funds being allocated to, and approved,
for the project.
(43) DRUG-FREE WORKPLACE: The Grantee agrees to maintain a drug-free
workplace for all employees and to have an anti-drug policy and awareness program in
accordance with the Drug-Free Workplace Act of 1988 (41 USC 701 et seq.), as
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amended, and 49 CFR Part 32.
(44) COMPLIANCE WITH SECTION VII OF FEDERAL TRANSIT
ADMINISTRATION NATIONAL INTELLIGENT TRANSPORTATION SYSTEM
ARCHITECTURE POLICY ON TRANSIT PROJECTS: In compliance with Section
VII of "FTA National Intelligent Transportation System Architecture Policy on Transit
Projects" at 66 FR 1459, January 8, 2001, in the course of implementing an Intelligent
Transportation System project, the Grantee assures it will comply, and require any third
party contractor to comply, with all applicable requirements imposed by Section V and
Section VI of that notice.
[Remainder of Page is Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by Grantee this �d �
ay of `��, 20 /
Executed by Commission this J?
day of 20_!_5
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION GRANTEE
By
Title Director, Multimodal Operations Title
A Attest:
By e411
ec arV6 the Commission
Title Lr-Fy_�i��
Approve s to F r
m li -
Is
el APPRO ��ORM: .
City Counselor
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APPENDIX A — For Capital Acquisition Projects
SECTION 5310 VEHICLE / EQUIPMENT ITEM REQUEST FORM
A separate form (copy) must be completed for each vehicle / item requested
Organization: 4, �� � F����►ti �{�t7- rc��
REQUESTING; Replacement Vehicle / Equipment Item"
Vehicle / Equipment item to expand existing service
Vehicle / Equipment item to start new service
(**) To replace an existing MoDOT funded vehicle, please include the following information:
VIN E. 533, t. t)13 (S � �C Year Make
Current odometer reading :� 1/, S 3 7 Vehicle condition Ko3r Fair Good
(**) If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it
again, then your complete application will not be considered.
INFORMAL N FOR REQ ESTER VEHICLE
Type of vehicle requested: (Note- Provide Floor Plan types, if desires known)
Lark Passenger Van Sedan - Large Sedan - Medium Accessible Minivan
IF
Narrow Body Cutaway �Iide Body Cutaway _ � Other
List primary city and/or county to be served by this vehicle:Je )��
City County
Daily hours actual transportation services will be performed with this vehicle. (If you transport
passengers from 7 - 9 am and then again from 3 - 5 pm, your transportation hours are 4 hours daily.)
Enter number of daily transportation hours: i 6- J S"
For Equipment (non-vehicle) request-describe item including estimated total cost:
( r l
APPENDIX A — For Capital acquisition Projects
SECTION 5310 VEHICLE / EQUIPMENT ITEM REQUEST FORM
A separate form co must be completed for each vehicle / item requested
Organization: \1 Vl
REQUESTING: Replacement Vehicle Equipment Item`'
Vehicle / Equipment item to expand-existing service
Vehicle / Equipment item to start new service
("*) To replace an existing MoDOT funded vehicle, please include the following information:
vIN�t-_ Dx c S 5 /� 1� l SSS `� 7 Year Make -2C%�G;
Current odometer reading _ j 7 Vehicle conditionP o Fair Good
(**) If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it
again, then your complete application will not be considered.
INFORMATION FOR REQUESTED VEHICLE;
Type of vehicle requested: (Note— Provide Floor Plan types, if desires known)
Large Passenger Vary Sedan - Lane_ Sedan - 1%•ledium ,accessible Minis ail
Narrow Body Cutaway Wide Body Cutaway Z Cjthe
List primary city and/or county to be served by this vehicle: 1
City County
Daily hours actual transportation services will be performed with this vehicle. (If you transport
passengers from 7 -9 am and then again from 3 - 5 pm, your transportation hours are 4 hours daily.)
Enter number of daily transportation hours: 1'o- 7 S- _
For E ui ment non-vehicle e uest-describe item including estimated total cost:
APPENDIX A — For Capital Acquisition Projects
SECTION 5310 VEHICLE / EQUIPMENT ITEM REQUEST FORM
A separate form (copy) must be completed for each vehicle / item requested
L4
Organization: f4-(
0L� ja�r�ri-
REQUESTING:
Replacement Vehicle / Equipment Item`t
Vehicle /Equipment item to expand existing service
Vehicle / Equipment item to start new service
(**) To replace an existing MoDOT funded vehicle, please include the following information:
VIN I r DX 1-: ,T 6 0$ 1:!N q Year Make
Current odometer reading �-I b.7 8 Vehicle condition oot Fair Good
(**) If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it
again, then your complete application will not be considered.
INFQRMATION FOR REQUESTED VEHICLE:
Type of vehicle requested: (Note— Provide Floor Plan types, if desires known)
Large Passenger Van Sedan - Large Sedan— M_tledium Accessible Minivan
Narrow Body Cutaway_! XVIde Body Cutaway � Other
List primary city and/or county to be served by this vehicle: t vk Ci n 6 �`e
City ICounty
Daily hours actual transportation services will be performed with this vehicle. (If you transport
passengers from 7 - 9 am and then again from 3 - 5 pm, your transportation hours are 4 hours daily.)
Enter number of daily transportation hours: /04 S
For Equipment (non-vehicle) request— describe item, including estimated total cost:
APPENDIX B
MISSOURI PROPERTY MANAGEMENT STANDARDS
CHAPTER 53 (5310) OF TITLE 49, UNITED STATES CODE
GENERAL: Local Grantees are responsible to ensure that each vehicle is maintained in
accordance with vehicle manufacturer's standards and to maintain the equipment at a
high level of cleanliness, safety and mechanical soundness. Any neglect or misuse of
equipment will be the responsibility of the local organization. Thus, local Grantees will
be financially responsible if the vehicle cannot be resold at its fair market value.
INSURANCE: To protect the federal interest of equipment funded under Title 49 USC
Chapter 53, MoDOT requires the recipients to maintain in an amount and form
satisfactory to MoDOT such insurance as will be adequate to protect the federal share
of the equipment throughout its useful life and/or in case of accident. If permitted by
law, Grantees may maintain a self-insurance program'in lieu of purchasing insurance
coverage. Grantees shall verify compliance with this section by submitting a copy of its
certificate of insurance, or if self-insured, a copy of its self-insurance plan.
REQUEST TO DISPOSE OF VEHICLES) OR EQUIPMENT: Grantees are required to
submit a written request for an inspection of the vehicle(s) or equipment they wish to
dispose of, to be conducted by MoDOT transit staff. This inspection will determine if the
useful life of the vehicle(s) or equipment has been reached. Minimum mileage
standards and time frames (whichever occurs last) for vehicle useful life are listed
below:
Vans (straight or modified) 4 years / 100,000 miles.
Mini-buses (van chassis) 5 years 1 150,000 miles.
Mini-buses (medium duty chassis) 7 years / 200,000 miles.
Medium Duty Buses 7 years / 200,000 miles.
DISPOSITION PROCEDURE: A recipient may dispose of a vehicle in either of two (2)
ways:
1. A vehicle may be sold outright to a third party through a variety of approved
processes, including advertised sealed bids, auto auction or the average of three (3)
competent appraisals.
2. A vehicle may be sold by the recipient to itself. In this case the implicit price
to be paid by the recipient will be the average wholesale value of the vehicle as
specified in the most recent National Automobile Dealers Association (hereinafter,
"NADA") Official Used Car Guide.
DIVISION OF DISPOSITION PROCEEDS: If a vehicle is sold outright to a third party,
the recipient may retain twenty percent (20%) of the proceeds plus two hundred twenty-
five dollars ($225). The balance must be paid to the department within ten (10) working
days. If a recipient sells a vehicle to itself, the recipient must pay eighty percent (80%)
of the NADA wholesale value to the department within ten (10) working days.
USE OF DISPOSITION PROCEEDS BY MoDOT: The department will use the
disposition proceeds paid to it to supplement the program in vehicle rehabilitation, spare
parts acquisition and equipment upgrading.
REPLACEMENT OF DISPOSED EQUIPMENT: Vehicle(s) or equipment disposed of
before requesting replacement by application for federal funding will not be considered
eligible for replacement at a future time.
REPLACEMENT GUIDELINES FOR FEDERAL FUNDING: All vehicles must meet the
above mentioned minimum mileage standards as of the date the applications are due at
MoDOT. A representative from MoDOT transit staff may determine the vehicle's
eligibility for early replacement upon written request for an on-site evaluation of the
vehicle's condition.
REVISED
APPENDIX C
The Commission and Grantee acknowledge the following transportation equipment
purchased under Agreement MO-16-X052.
This equipment is subject to all terms and conditions of the Agreement and this
appendix is appended to and made part of said Agreement. APPENDIX C shall be
amended as necessary by the Commission's representative notifying the Grantee, in
writing, as to the assignment of vehicle(s) or equipment purchased under this
Agreement by identification number and area to be served.
Description of vehicle(s) Assignment Area Vehicle I.D. #
3 —Wide Body Cutaways Jefferson City
FF w/surveillance camera system Cole County
Total Cost $160,158.00
Federal Share $128,126.40
Local Match $32,031.60
/BILL NO. 2015-62
NSORED BY COUNCILMAN Scrivner
ORDINANCE NO. /64571
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH THE
MISSOURI DEPARTMENT OF TRANSPORTATION (MODOT) FOR ACCEPTANCE
OF SECTION 5310 GRANT FUNDS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a grant agreement with the Missouri Department of Transportation (MODOT) for
Section 5310 Grant Funds.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: )A-w 1 ;� A roved: 1
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
City�Clerk,= City Counselor