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Home My Public Portal AboutORD15902 BILL NO. 2018-122 SPONSORED BY Councilman Hussey ORDINANCE NO. /511 07%, 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 FOR PUBLIC TRANSIT OPERATING ASSISTANCE. 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. 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: A11i /) 2v1! Approved: 40.4_, 3, ?o ) 7 4.4 Aiwa Presiding Offi e Mayor Carrie Tergin d ATTEST: APPROVED AS TO FORM: City 'erk ' City ' %unselor CCO Form: Approved: Revised : Modified: M079 06/96 (RMH) 03/17 (MWH) EXHIBIT A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PUBLIC TRANSIT OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Jefferson (hereinafter, "Grantee"). WITNESSETH: WHEREAS , the purpose of this Agreement is to provide financial assistance to the Grantee as appropriated from the State Fund and to set forth the conditions upon which the assistance will be provided ; NOW, THEREFORE , in consideration of the mutual covenants , promises , and representations in this Agreement, the parties agree as follows: (1) SCOPE OF WORK: The Grantee shall provide general public transportation in accordance with the "Missouri State Trans it Assistance Application" which is attached and made a part of this Agreement as Attachment A. (2) AMOUNT OF GRANT: The Commission awards the Grantee the sum of eleven thousand fifty eight dollars ($11,058) during the period from July 1, 2018 to June 30 , 2019. (3) PERFORMANCE OF AGREEMENT: The Grantee shall immediately notify the Commission in writing of any condition or event which may significantly affect its abil ity to perform the required activities in accordance with the provisions of this Agreement. (4) RETENTION AND AUDIT OF RECORDS : (A) The Grantee shall maintain all records relating to this Agreement , including but not limited to invoices , payrolls , etc . These records must be available at all reasonable times at no charge to the Commission and/or its representatives during the period of this Agreement and any extension thereof, and for three (3) years after the date of final payment made under this Agreement. (B) The Grantee shall submit to the Commission such data , reports , documents , and other informatio n relating to the Grantee's activities as the Commission may require at any time. (C) At any time during or after the grant period provided in this Agreement, the Commission may inspect, copy and audit all records possessed by or available to the Grantee , which may be pertinent to this Agreement. If the Commission notifies the Grantee of its specific intention to inspect , copy or audit any of these records , then the Grantee shall retain all of the records pertinent to this Agreement until the Commission notifies the Grantee that it has completed its inspection , copying or audit. (5) THIRD PARTY CONTRACTS: (A) Prior to execution by either party , the Grantee shall submit to the Commission for review, comment and approval all contracts for services included in the Public Transportation Budget and Service Statement to be provided to the Grantee by a third party . (B) The Commission shall not be liable to contractors or subcontractors of the Grantee or any other person not a party to this Agreement in connection with the performance of the project. (6) PAYMENTS: (A) Limitations on Commission Contribution: Funds made available to the Commission and the Grantee are subject to appropriations made by the General Assembly. In the event state funds available to the Commission are reduced so that the Commission is incapable of completely satisfying its obligations to all the Grantees for the current state fiscal year , the Commiss ion may recompute and reduce this grant. When added to federal operating assistance funds available and applied to the same operating period , the ma ximum Commission payment on any monthly or quarterly request shall not cause the total of state and federal operating assistance to exceed the amount of operating assistance for which the Grantee would have qualified in federal funds had additional federal funds been available. (B) Progress Payments: Progress payments , based upon actual allowable costs , for not less than one (1) month and for no more than three (3) months may be made upon rec e ipt of an itemized in voice from the Grantee in an appropriate format approved by the Commission . Th e itemized invoi ce shall be reviewed by the Commission prior to payment and must include a certification that costs have been incurred in the performance of the Agreement and a record of th e actual costs . Any costs deemed ineligible for reimbursement by the Commission in accordance with the terms of th is Agreement shall be deducted from the itemized invoice before payment is made . Any reje cted or unaccepted costs shall be borne by the Grantee. 2 (C) Availability of Funds: The Commission 's duty to pay the Grantee as provided in this Agreement is subject to the availabil ity of funds appropriated by the Missouri General Assembly to and from the State Transportation Fund and any subsequent directives mandated by the Governor regard ing the withholding of appropriations. (7) ASSIGNMENT : The Grantee shall not assign, transfer or delegate any interest in this Agreement , or its performance of any work required by this Agreement, without the prior written consent of the Commission. (8) 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. (B) The Grantee will require any contractor procured by the Grantee to work under this Agreement: (1) To obtain a no cost perm it f rom 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 Ag reement 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 . (9) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the Grantee, the Commission may suspend or terminate all or part of the financial assistance provided for in this Agreement when the Grantee is , or has been, in violation of any of the terms of this Agreement. 3 (10) COMMISSION'S REPRESENTATIVE: The Commission's chief engineer 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. (11) NONDISCRIMINATION CLAUSE: The Grantee shall comply with all state and federal statutes applicable to the Grantee relating to nondiscrimination , including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e , et seq.); and with every applicable provision of the "Americans with Disabilities Act" (42 U.S .C. §12101 , et seq.). (12) 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 this Agreement. (13) 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. (14) 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 , gifts , 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 the Agreement price or consideration , or otherwise recover, the full amount of such fee , commission, percentage , brokerage fee, gifts, or contingent fee. (15) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation , must be accomplished by a formal contract amendment or supplemental agreement signed and approved by the duly authorized representatives of the Grantee and the Commission. (16) DISPUTES : Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (17) LACK OF WAIVER : In no event shall payment of grant funds to the Grantee by the Commission 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 4 such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission with respect to such breach or default. (18) NOTICES : Any notice or other communication requ ired or perm itted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid , or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the Grantee : City of Jefferson 320 E. High St. Jefferson City, MO 65101 Facsimile No .:573-636-36932 (B) To the Commission : Missouri Department of Transportation 105 W. Capitol Ave Jefferson City , Mo 65102 Facsimile No .:573-751-6555 or to such other place as the parties may designate in accordance with th is Agreement. To be valid, facsimile delivery shall be followed by de livery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transm ission of that document. [Remainder of page intentionally left blank.] 5 IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by the Grantee this S(J day of 20 Executed by the Commission this Y b day of 1 20. MISSOURI HIGHWAYS AND TRANSPORTATION COM ION l Director, Multimodal Operations lN�i �jp�(� �C(ctJ�er Attest: ` Sedirbtarto the Comrni#ion GRANTEE City of Jefferson Me 15902. Ordinance Number 118/3/1 Appendix "A" Application M DO MlawYtl54b 1rmY1 A+arYlr[e Prgnm Appllom AjenryHame: CIIY o1411erwn. MO Slrnl and Mailing Mdms 3301. Hpb 5t. U185441MIfwutll. ZIP44 OOde Iellerwn CIIY. son :[of Agestes utl Pn,om Wme Mar9Mehmen Cgtan PMpn: email pddml mehmenCeII&M...m Conon Perwn: WOrk Plane 5336304599 Cnnlan Pawn:fu Humber 5 33 436 3 63 3 llifiblliq We ss: IChetUJI Thal APpIVI. (I/.yerodn bods wbomaed ondrmol 0...11lHnle, w6mh 1111.11 opptlmnts' ACHY 13 A Cit, fronds AulhonlY ❑ ACHY DIIIilln 0wrd An Ntemne Tomlt Put hardly fat III elan ed In 94.600 RSM. Anlnlnst tlT m..H2nAulhoM ❑ ArMpknl/dl¢n rstl IOn1 o1 RA3ee. 5307 ulWnlltd lam"l. fund% ❑ A wbaeclplenl of RA Sea" 5311 nonuNan0ed fnmlula bonds Opnalln, and GPI41 Cos, for OpAalln9 Publle Transit Xrvlce in M41oue cost,/Year 2m 24.24 2017 inndl Openpq CONE T,.n. GphaICMf 53,259,909 52.569.549 $ 6(66.9 5?D6,01] 5 9].113 S 4,x53 Total Sandi 0peplM9 a Capital Cenf $?360A0 52.63x,236 $3.365,939 Past and Projected Mnml Passenger Ridership in Woolud lununked Iriw): 2015 313.646 2016 393A06 ant] 3W.9]2 M19 P,.]Med 280.000 Agency's Missouri Ttanul SemRe Aon Popu40on: Orbanlitd: x3.W9 HOW:O AnnmI VGM1INe MIIes Openled: 342-0 2414 jQIZ SL.035 518363 S]g]36 Cost pen Wile ldkide total call by miles) $ 4.33 5 S.OB 5 IO (Cmpp'n a,..I.d,O 1/...¢.lass m nM nllwml eon per Passenglu 2015 3_056 24L (dMee ental cM by rldenMpl Dnorip1100 el Proposed T., NIB Publle Tonsil 5en'Ite In MI..,l Days Of Dallas OpnalloB: Mandry'TrMaY W 1153 aY Howi of Oper allnn: 6:40 AM l0 6:00 PM Stimuli, Houra of Op,.Ilon: INIA Sunday Noun of Openllon; INIA Amount of Annual focal lHM or Tax $uppan lotTanfn: Im 2614 241/ $1,059.654 51.1)6.336 $1.00].166 Deunpfar Of 1.1 ManeoleHon. local as np,rt lar so, 11.nll public londl 1I General Revenue G pitaI Improve men I Sale, Tax Appllom rynolhwn lgna Dam: 3'T wbmn mmplelee ane agnea applial1d110: mmol Stamm- Munlmoeal Op".".is Mnwun D..Mmenl of leouppn.'s. P.O. Box 270 .,He. Cny, MO 6 510 2-0210 w.b.:(S)3)526Ji0P mnl I., TanuliP.W.I sayF dx IcdAllrllanet: Iran (Amatl1 TeWIS731751-2523 ]wmlocOW.1: 1//wv, mayPlTo omen nrppna)f_(IrSn.yna n11na mx Mm fVnlmn De e. 20111