HomeMy Public PortalAbout2021-09-09 packetNotice of Meeting & Tentative Agenda
City of J efferson Pu blic W o rks & Pl a nni ng C om m ittee
T h ursday , Se pt ember 9, 2021
7:30a.m.
John G. Christy Municipal Buildi ng, 320 East McCarty Street
Boone/Bancroft Room (Upper Level)
);;> Note: VIRTUAL and IN-PERSO N MEETING
To j oin virt ually:
https :lljeffersoncity.webex .com/jeffersoncitvf!.php?M TID=m2 47f197 46d3cb56f2acf8 11 c0db 1 a9 14
1) Introductions
To join virtually call-in av ailabl e at 1-404-397-1516
Meeting number (acce ss cod e): 2499 824 7622
Meeting password: 1234
TE NT AT IVE AG E N DA
2) Approval of the August 12, 2021 Com m ittee meeting minutes
3) New Business
1. Road Side Park on Missouri Bou levard Masterplan Development (Westside
Business Association, Requ esto r) (Britt Smith)
2 . Mutual Aid Agreement with Ho lts Summit (Eric Seaman)
3. Development Agreement wit h J CW Boonville Properties LLC (Eric Seaman)
4 . Transit Bus Replacement G rant (Matt Morasch)
4) Citizen opportunity to address Council/Staff on Sto r mwater and Other Public Works
Issues
5) Adjourn
NOT ES
Individuals should contact t he A DA Coordinator at (573) 634-6570 to request accomm odations or alternative formats as
requ ired under the America ns with Disabilities Act. Please allow t hree business days to process the req uest.
Pl ease ca ll (573) 634-641 0 w ith q uestions regarding agenda item s .
MINUTES
JEFFERSON CITY
PUBLIC WORKS AND PLANNING COMMITTEE
John G. Christy Municipal Building 320 East McCarty Street
Boone/Bancroft Conference Room and Virtual
August 12, 2021
Committee Members Present:
Ron Fitzwater
*David Kemna
Mike Lester
Mark Schreiber
Scott Spencer
*Arrived late
Staff Present:
Matt Morasch, Director of Public Works
David Bange, City Engineer
Don Fontana, Stormwater Engineer
Britt Smith, Operation Division Director
Eric Seaman, Wastewater Division Director
Gerry Stegeman, Transit Operations Sup~isor
Sonny Sanders, Director of Planning and Ptott9ptive Services
Matt Kreyling, Building Official ·
Rachel Senzee, Neighborhood Services Sup~I'Visor
Ryan Moehlman, City Counselor
Steve Crowell, City Admini~tff.l?t .• ·,.
Brenda Wunderlich, Admi,:ti$"ti\te IQpervisor ... . ..
Attendance
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Chairman Fi~tJ~called the rn~eting to order at 7:30a.m. A quorum was present at this time.
The following guests'ii•r-ded the ~~ting: Mayor C~arrie Tergin; Councilman Derrick Spicer, Rose
Dussold, Jeri James, R'B~~d Hermin~ah~Miq,l'!a•l Shine with News Tribune.
',,' ·.·····, .········:;•,,·:····· •' . '·: .. ".'":·· .. .::···.······ .
. ,:•: .. ::.'.
2) ~J>proval of the Julfl~2021 Cotnmittee meeting minutes
Councilman ~ester move~ t;IJ'l~ Councilman Schreiber seconded to approve the July 8, 2021
minutes, motion .q-ied withgqteouncilman Kemna.
-councilman Kemri~·j,f'I;IYfrl at this time (7:35 a.m.).
3) New Business
1. Basin 21 -Voluntary Program to Reduce Inflow to Sanitary Sewer (Eric
Seaman)
Mr. Seaman explained staff is requesting the Committee to endorse a program to
disconnect sump pumps and foundation drains from the sanitary sewer in the Emerald Ridge
Subdivision. He stated sewer customers in the subdivision are impacted by heavy inflow of
rainfall entering the sanitary sewer due to the code being interpreted incorrectly at the time
Minutes/Jefferson City Public Works and Planning Committee 2
August 12, 2021
the homes were built. The anticipated costs could range from $1000 to $3000 per home
which would come from the Wastewater fund.
There was discussion among Committee members and staff regarding the number of
homes affected, the cost, notification to property owners, and time frame to have them
completed.
Councilman Schreiber moved and Councilman Lester second to endorse the program,
motion carries.
2. Storm Water Improvement District, Regulatory lffi(potl Plain Options, and
Costs for a Stormwater Utility (Matt Mor~•~h) · ·
Mr. Morasch explained staff is providing optionsJorijle Corrimjt'tfi!e to discuss that
could potentially improve outcomes for individuals wh~f:1Jiooding occur$; ..
There was discussion among Committee members and staff regardh19·:4Pdate of
regulatory floodplain maps, pursuing watershed'f:tl~sed storm'!){~ter improverrie~t~jstricts, and
pursuing a City-wide storm water utility tax/fee. CQfrl[littee. ·· : ·:bers suggested gt:!tting a
community member group together to provide input, ;~~~ n Fitzwater requested this item
be on the next Committee agenda for ~!.scussion. ··.i ·
3. Transit Fee Increases (NI.rk Nl•tamert)
Mr. Morasch explained staff is recornmendin~···:tarein~~~Re for Transit.
'.': ·' ···. ··.•
There was discy$$i6n am60Q Committee members and staff regarding a fare increase,
the impacts in ridel'$f}ip, last increa•e being in 2007, and the need for a committee to review.
Chairman Fitzwatef)tf:9,uested st~#to move fo~rd to a committee for discussion.
4~. ig~J,~ding ft.yljtto~i ..:. Code rteview and SmartGov Progress Reports
.::·'~:t·;), •. :i;:::·):;K+(lt.~~. Krey,fjp) ··
····':~t··~reyling e~:~~i~im~d stafft!~s had meetings with a Steering Committee and three
subedtntJ1ittees' to revieWJhe 201SIQC Codes. Also, the SmartGov software should be out
by the ~nd Qf the year for online building permits and field inspection reports.
Thereti~discussiqf)$mong Committee members, staff and those present regarding
the changes, haV{~g. dev~fgpers involved in the meetings, and contacting the Home Builders
Association for inpUf; · ··· ···· ·
5. EDA-Economic Recovery Plan (Rachel Senzee)
Ms. Senzee explained staff submitted a proposal to engage a consultant in and
Economic Recovery Plan. There are up to $52,000 in federal funds available for use.
There was discussion among Committee members, staff and those present regarding
the funds and the need for citizens to take the community needs survey which is available
online. A public hearing on the survey results is scheduled for August 26. Ms. James
requested to be placed on the contact list to be notified of surveys and public hearings.
Minutes/Jefferson City Public Works and Planning Committee
August 12, 2021
Councilman Kemna moved and Councilman Lester seconded to move the proposal to
the City Council with recommendation to approve, motion carried.
6. State CDBG-CV Funding (Rachel Senzee)
Ms. Senzee explained the City is eligible to apply for $2 million in CARES Act funding
from the Missouri Department of Economic Development. Currently, the required Unmet
Needs Assessment is being conducted through a survey on the City's website. The next step
would be a pubic hearing to allow participants to comment on proj~.~lproposals identified.
Councilman Kemna moved and Councilman Lester seqop~~d to refer the funding
application to the City Council with recommendation to approve, motion carried.
4) Citizen opportunity to address Council/Staff on St()rmwater and Other Public Works
Issues · ·
• Ms. Dussold requested sidewalks be added to Eastland Drive from Highway 5() tQ Deer Trail.
3
She explained her entire neighborhood would like sidewalK' to be able to walk •ling Eastland.
There was discussion among Committee membersr.. ft:.:,~d those present regarding the
petition process, meeting with staff; and the co~t off .... ·.;\ ~.roject if it were to be done.
·'·'-'·-·;\·''
• There was discussion among Committee members and'~~~~J@garding the temporary Amtrak
Station. Mr. Moehlman explained the (Jity request~-t,he Stat•:;~ ~eep the temporary structure
through August for the ~J~entennial alld is in constant contact With them regarding the issue.
5) Adjourn
·'' '. ~-· -;:
Councilman ~~~.f~iber moveq •nd Council Lester seconded to adjourn the meeting at this
time, 8:53a.m., motion·~rried. ·:. · , .
<·~:·>:~ ·,:·.:
Wunderlich, Brenda
From:
Sent
To:
Subject
Smith, Britt
Tuesday, August 17,202111:10 AM
Wunderlich, Brenda
Fwd: Requesting permission to create a masterplan for Missouri Blvd Road side park
Please add this item to the next PW&P agenda.
Britt E. Smith, P.E
Begin forwarded message:
From: jeff@customscreen-emb.com
Date: August 17,2021 at 8:25:44 AM COT
To: "Smith, Britt" <BSmith@jeffcitymo.org>
Cc: "Tergin, Carrie" <CTergin@jeffcitymo.org>, "Moehlman, Ryan" <RMoehlman@jeffcitymo.org>,
derrick@pmihotels.com, "Fitzwater, Ron" <RFitzwater@jeffcitymo.org>, "Spicer, Derrick"
<DSpicer@jeffcitymo.org>, "Spencer, Scott" <SSpencer@jeffcitymo.org>, Natalie Newville
<nataliemnewville@gmail.com>
Subject: FW: Requesting permission to create a masterplan for Missouri Blvd Road side park
Good Morning Britt,
As the President of the Jefferson City Westside Business Association and a member of the Jefferson City
West Side Rotary I would like to request permission for the two groups to move forward on the
development of a masterplan for best use for the road side park located on Missouri Blvd next to
Staples. It is our hope that we can enter a License Agreement with the City of Jefferson to develop the
park in such a way that it improves the look and use of the park and has a positive impact on our
Westside. We have some great ideas and would love the opportunity to proceed with a plan ultimately
moving forward with the approval of the City. We intend to develop the park using private funds raised
by both groups.
Sincerely,
Jeff Delong
JCWSBA President
jeff DeLong, Owner
Custom Screen Printing of Jefferson City, Inc.
1307 Creek Trail Drive
PO Box 105374
jefferson Cit;y, MO 65109
573-659-8919 Fax 573-659-3856
"It's not what happens to you, but how you react to it that matters'~ --Epictetus
"Qualit;y is never an accident; it is always the result of high intention, sincere effort, intelligent
direction and skillful execution; it represents the wise choice of many alternatives." -Willa A Foster
CONFIDENTIALITY STATEMENT:
1
Department of Public Works Memorandum
320 E. McCarty Street ·Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitymo.org
Date:
To:
From:
Subject:
9/7/2021
Public Works and Planning Committee
Eric Seaman, Dir WW [';i
Mutual Aid Agreement with Holts Summit
The City of Holts Summit is a wholesale treatment customer and their sewer system is
physically connected to the City of Jefferson.
Although the City of Holts Summit maintains their sewer collection system, it is the
mutual best interest for both Cities to provide mutual assistance in the event of
catastrophic events to protect pubic health and the environment.
This agreement is modeled after Fire Protection mutual/automatic aid agreements with
other governmental entities and districts.
Staff recommends approval of this agreement which will make both the City of Holts
Summit and City of Jefferson more resilient.
DRAFT
MUTUAL/AUTOMATI C AID AGREEMENT
THIS AGREEMENT made and entered into the date last executed by a party as indicated
below, by and between the City of Jefferson, a municipal corporation, hereinafter referred to as
"Jefferson City," and the City of Holts Summit, Missouri , hereinafter referred to as "Holts
Summit".
WHEREAS, Section 70.220 RSMo., all ows for political subdivisions in and out of the
State of Missouri to enter into Mutual/ Automatic Aid A gre ements to assist in operation of any
public improvement or facility; and
WHEREAS , Jefferson City and Holts Summit are connected for wastewater treatment for
a term in effect through 2051; and
WHEREAS , it is in the best interest of both parties to provide excellent services to
customers and to protect the environment.
NOW THEREFORE, in consideration of the mutual agreements set forth b elow and other
valuable consideration, it is agreed between the parties as follows:
1. Geographic Scope.
Each City agrees to provide mutual/automatic aid within to the other City 's geographic sewer
system upon request by authorized personnel.
2. Term.
This Agreement shall be effective upon the ap pro v al of th e City Council of the City of Jefferson
and the Board of Aldermen of Holts Summit. It may be amended at any time by ·written agreement
executed pursuant to authority granted by the Ci ty Council and the Board of Alde1men of Holts
Summit.
3. Laws Governing.
When responding to mutual/automatic aid or emergency aid requests, each City shall operate in
accordance with its own policies and procedures as if it were providing services within its own
jurisdiction. Holts Summit and Jefferson City agree to be bound by the terms , covenants and
conditions set forth in this Agreement.
4. Types of Mutual/Automatic Aid.
Emergency mutual/automatic aid work covered by this A greement includes, but is not limited to ,
the following:
A Emergency maintenance of sewer mains when public equipment and contractors
are unavailable ;
1. Each City may use its own equipment and persmmel on the other City's
infrastructure to jet or hydro ex cavate sewer mains to prevent environmental
damage or property damage.
2. Each City may use its own diagnostic tools and personnel on the other City's
sewers to determine caus es ofblockages.
DRAFT
B. Either City may purchase materials and chemicals off the other entity's bids;
C. City personnel of one City may enter private property within the jurisdiction
boundaries of the other City for sewer use inspections to protect infrastructure and
the environment. Each City represents and covenants that it has sufficient authority
to allow such entry.
Reporting to Missouri Department of Natural Resources for sanitary sewer overflows or public
notice will remain responsibility of the City within which such overflow occurs.
5. Benefits.
Employees of either City shall be entitled to all applicable benefits normally available to personnel
while performing duties for employing their City, even if an injury or death occurs when rendering
assistance to the other City under this Agreement.
6. Liability.
For the purposes of liability, all members of the City responding under operational control of the
requesting City are deemed employees of such responding City and are subject to the liability and
workers' compensation provisions provided to them as employees of their respective employing
City.
7. No Liability for Failure to Respond.
Neither party to this Agreement shall be liable to the other for failure to respond to any call by the
other, or delay, negligence or mistake in receiving or responding to any call, nor shall this
Agreement ever be interpreted as being an agreement for the benefit of any third person.
8. Consideration.
The consideration for this Agreement shall be the service given for the protection of lives and
property by each City, and no compensation, except eligible reimbursement as herein provided,
shall accrue or be paid by either party to the other by reason of this Agreement. Reimbursement
for services rendered when requests for assistance are answered shall be paid by the requesting
City. An itemization of services rendered and any applicable costs will be provided by the
responding City.
9. Termination.
Either party may cancel this Agreement by giving sixty (60) days written notice to the other party.
10. Modification of Agreement.
Any modification of this Agreement or additional obligation assumed by either party in connection
with this Agreement shall be binding only if evidenced in writing signed by each party or an
authorized representative of each party.
11. No Waiver.
The failure of either party to this Agreement to insist upon the performance of any of the terms
and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions
of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but
the same shall continue and remain in full force and effect as if no such forbearance or waiver had
occurred.
12. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first
class mail addressed to the following addresses. The date and delivery of any notice shall be the
date falling on the second full day after the day of its mailing.
If to Jefferson City:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
CITY OF JEFFERSON, MISSOURI
Mayor
Date: -----
ATTEST:
City Clerk
APPROVED AS TO FORM:
City&ly
If to Holts Summit:
City of Holts Summit
Attn: Hannah Leclmer
P.O. Box 429
Holts Summit , MO 65043
CITY OF HOLTS SUMMIT, MISSOURI
Mayor
Date : -----
ATTEST:
City Clerk
DRAFT
Department of Public Works Memorandum
320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www .jeffcitymo .org
Date:
To:
From:
Subject:
9/7/2021
Public Works and Planni ng Co mmittee
Eric Seaman, Dir WW &
Development Agreemen t w it h JCW Boonville Properties LLC
A subdivision with City of Jefferson sanita ry sewer is being built in Cole County in the
southwest corner of Westport Dr. and Sou th Country Club Drive .
The City has operated a substandard and non -compliant sewage pumping station
adjacent in a drainage basin to the northe ast of the proposed subdivision. This station is
been in the Sewerage Master plan to elim inate .
To eliminate the pump station, the Develo per will have to build his sewer at twice the
depth and an extend sewer an additional 450 feet than what is necessary to serve their
subdivision.
This agreement will compensate the Deve loper $35,176.40, which is one-third less than
estimated cost if the City were to bid the wo rk .
Staff recommends taking advantage of thi s cost saving agreement that will expedite
removal of a noncompliant pump station .
NEW
SUBDIVISON
LOCAT ON MA
f
f
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into on
the last day executed by a party, as indicated on the signature pages below, by and between the
City of Jefferson, Missouri, a municipal corporation of the State of Missouri ("City") and JCW
Boonville Properties, LLC, a Missouri limited liability company ("Owner"). The City and the
Owner may hereinafter be collectively referred to as the Parties and individually as a Party.
RECITALS
The Subject Property. Owner holds title to certain land currently located in the incorporated area
of the City of Jefferson, commonly known as White Field Acres Subdivision-Section One (the
"Subject Property").
Proposed Project. Owner desires to develop the Subject Property for a new residential
development, and as part of the development of the Subject Property, City desires removal of
existing sanitary sewer pump station on the Subject Property.
NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual
promises, declarations, covenants and agreements of the City and Owner as hereinafter set forth,
the Parties hereto do hereby agree as follows:
1. Agreements to Run with the Land. The provisions of this Agreement shall constitute
covenants running with the entirety of the Subject Property and each and every part of the
Subject Property, and shall bind the current Owner and all of such successors and assigns.
2. City's Obligations
a) City will reimburse Owner an amount not to exceed $35,176.40 for the pump station work
described in Paragraph 3(a). Upon completion and successful inspection of the existing
sanitary sewer pump station, Owner shall submit a request for reimbursement to the
Director of Public Works.
b) In addition to the amount set forth in subsection 2(a) above, if the Owner is required to
excavate ·rock in the performance of the removal of the existing sanitary sewer pump
station, City will reimburse Owner for such work at a rate of $275.00 per hour for such
rock excavation work.
3. Owner's Obligations for Development.
a) Owner shall remove the existing sanitary sewer pump station in accordance with the Plans
attached hereto as Exhibit A (the "Plans"). Such work shall be complete prior to the sale
by Owner of any residential lot or structure on the Subject Property.
4. Construction and Bonding of Improvements. Except as otherwise expressly indicated herein,
all public improvements required under the regulations of the City or this Agreement shall be
constructed in accordance with the City Department ofPublic Works' Standard Specifications
1
and Drawings, as may be amended, or any successor specifications and standards adopted by
the City and the Grading Plans. Owner shall obtain all necessary permits and governmental
permissions to perform its obligations set forth in this Agreement. Owner shall also obtain all
necessary private easements to perform its obligations set forth in this Agreement and shall be
liable for all damages to adjoining properties that maybe caused by Owner's performance of
its obligations, even where construction of improvements are in accordance with the City
Department of Public Works' Standard Specifications and Drawings, as may be amended or
succeeded, and the Plans. In the event of a conflict between the Public Works' Standard
Specifications and Drawings and the Plans, the Public Works' Standard Specifications and
Drawings will prevail and govern.
5. Amendments. Any amendment to this Agreement must be in writing and must be executed by
the City and the Owner, and any future owner of any part of the Subject Property who would
otherwise be obligated to perform any of the requirements imposed upon the Owner by this
Agreement. Oral modifications or amendments of this Agreement shall be of no force or effect.
6. Remedies. The parties to this Agreement may, either in law or equity, by suit, action,
mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific
performance of this Agreement, provided that in no event shall the City shall have any liability
in damages, costs (including attorneys' fees) or any other monetary liability to Owner or any
affiliate of Owner, any person claiming through OWner, or to their respective successors,
assigns, heirs and personal representatives in respect of any suit, claim, or cause of action
arising out of this Agreement or any of the actions or transactions contemplated herein except
for the compensation set forth in Section 2(a).
7. Third Party Actions. Owner shall have the right, but not the obligation to assume the costs of
defense of any action or proceeding initiated by a third party challenging this Agreement, or
any other actions or transactions contemplated by this Agreement (including, without
limitation, to settle or compromise any claim or action for which Owner has assumed the
defense) with counsel of Owner's choosing and the City and Owner agree that so long as no
conflicts. of interest exist between them, the same attorney or attorneys may simultaneously
represent the City and Owner in any such proceeding. In no event shall the City have any
liability to·Owner for damages or otherwise in the event that all or any part of this Agreement,
the ordinances approving is agreement shall be declared invalid or unconstitutional in whole
or in part by a final (as to which all rights of appeal have been exhausted or expired) judgment
of a court of competent jurisdiction, and, in the event Owner elects not to assume such defense
and costs, the City shall have no obligation to defend or to assume the costs of defense of any
such action.
8. Notices. All notices between the parties hereto shall be in writing and shall be sent by certified
or registered mail, return receipt requested, by personal delivery against receipt or by overnight
courier, shall be deemed to have been validly served, given or delivered immediately when
delivered against receipt or Three (3) business days after deposit in the mail, postage prepaid,
or one (1) business day after deposit with an overnight courier, and shall be addressed as
follows:
2
If to the City:
City of Jefferson
City Administrator
320 E. McCarty
Jefferson City, MO 65101
If to Owner:
JCW Boonville Properties LLC
P.O. Box 104356
Jefferson City MO 65110
Each party shall have the right to specify that notice is to be addressed to another address by
giving to the other party ten (1 0) days written notice thereof.
9. Hold Harmless. Owner hereby agrees to indemnify, protect, release, defend (with counsel
acceptable to the City) and hold harmless the City, its municipal officials, elected officials,
boards, commissions, officers, employees, attorneys, and agents from and against any and all
causes of action, claims, demands, all contractual damages and losses, economic damages and
losses, all other damages and losses, liabilities, fines, charges, penalties, administrative and
judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and
expenses of any kind, including, without limitation, reasonable attorney's fees and costs of
defense arising, directly or indirectly, in whole or in part, from the action or inaction of Owner,
its agents, representatives, employees, contractors, subcontractors or any other person for
whose acts Owner may be liable, in the activities performed, or failed to be performed, by
Owner under this Agreement or in the development of the Subject Property, or from breach of
this Agreement, or otherwise, except to the extent arising from or caused by the sole or gross
negligence or willful misconduct of the City, its elected officials, officers, employees, agents
or contractors. The indemnification, duty to defend and hold harmless obligations set forth in
this Section shall survive for a period of five ( 5) years from the date of expiration or termination
of this Agreement. Owner shall cause any contract entered into with a general contractor to
include an indemnification of the City consistent with this paragraph.
10. Insurance. Owner shall provide, at its sole expense, commercial general liability insurance
with a reputable, qualified, and financially sound company licensed to do business in the State
of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than
"A," that shall protect the Owner, the City, and the City's officials, officers, and employees
from claims which may arise from operations under this Agreement, whether such operations
are by the Owner, its officers, directors, employees and agents, or any subcontractors of Owner.
This liability insurance shall include, but shall not be limited to, protection against claims
arising from bodily and personal injury and damage to property, resulting from all Owner
operations, products, services or use of automobiles, or construction equipment. The amount
of insurance required herein shall be in no event less than the individual and combined
sovereign immunity limits established by§ 537.610 RSMo. for political subdivisions; provided
that nothing herein shall be deemed to waive the City's sovereign immunity. An endorsement
3
shall be provided which states that the City is named as an additional insured and stating that
the policy shall not be cancelled or materially modified so as to be out of compliance with the
requirements of this Section, or not renewed without thirty (30) days advance written notice of
such event being given to the City. Owner shall cause any contract entered into with a general
contractor to include an requirement that such general contractor obtain insurance in the
amounts set forth in this paragraph and name the City as an additional insured.
11. Compliance with Laws. Owner shall comply with all applicable state, local, and federal laws
in the performance of this Agreement, including all Missouri statutes relating to the
construction of "public works," as that term may be defined in such statutes, if applicable.
12. Entire Agreement. This Agreement contains the entire and complete agreement between the
City and the Owner with respect to the requirements imposed upon the Owner for the providing
of certain interests in land, and the construction and installation of certain improvements, all
as hereinabove described in the Recitals for this Agreement and the above numbered
paragraphs of this Agreement. Parties agree that this Agreement constitutes a lawful contract
between the Parties and Owner hereby acknowledges and agrees that this Agreement and
provisions of the City's Code of Ordinances applicable to this Agreement constitute lawful
exercises of the City's authority and police power.
4
IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective
on the last day and year indicated below.
CITY:
City of Jefferson, Missouri
By: ______________ _
Mayor Carrie Tergin
Date: -----
ATTEST:
Emily Donaldson, City Clerk
Approved as to form:
Ryan Moehlman, City Attorney
5
OWNER:
JCW Boonville Properties, LLC
By: ________________________ __
Name Printed: -------------------Date __________ _
STATE OF MISSOURI )
) ss
COUNTY OF COLE )
On this day of , 20_, before me appeared
________________ , to me personally known, who, being by me duly sworn did say that he or
she IS of , a
and that said instrument was signed on behalf of
------------------~ acknowledged said instrument to be the free act and deed of said
___________________ and that he or she executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in
the State and County aforesaid, on the day and year hereinabove first written.
____________________ ,Notary Public
My commission expires: ________ __
6
BILL SUMMARY
BILL NO:---------
SPONSOR: Councilman Fitzwater
SUBJECT: Section 531 0-MoDOT Agreement for Transit
DATE INTRODUCED: September 7. 2021
DEPARTMENT DIRECTOR(S): _______________ _
CITY ADMINISTRATOR: __________________ _
Staff Recommendation: Approval
Summary: If approved, this bill will authorize the City Administrator or Mayor to execute a
Section 5310 Grant Agreement with the Missouri Highways and Transportation
Commission for the purchase of 2 high-roof paratransit buses.
Origin of Request: City Staff
Department Responsible: Public Works
Person Responsible: MATTHEW J. MORASCH, P.E., Mark Mehmert
Background Information: The Transit Division has been awarded Section 5310 funds
through the Missouri Highway and Transportation Commission. The purpose of this grant
is to support transportation for seniors and individuals with disabilities, and would be used
to replace 2 buses which have over 200,000 miles on them.
Fiscal Information: The grant is expected to total $108,652. This is a 100% Federal
grant. No local match is required.
BILL NO. __ _
SPONSORED BY COUNCILMAN Fitzwater
ORDINANCE NO:..... -------------
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MODOT
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 an operating funds grant agreement with MoDOT.
Section . The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit A.
Section . This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:._ _________ _ Approved: _______ _
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
CCO Form: MOBS
Approved: 12/08 (AMB) Project No: M0-16-X072
or other available funding Revised: 08/2021 (MWH)
Modified:
CFDA Number:
CFDA Title:
CFDA #20.513
Enhanced Mobility of Seniors and Individuals with Disabilities -
Coronavirus Response and Relief Supplemental Appropriations Act
(CRRSAA)
Federal Agency: Federal Transit Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
5310-ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES
CAPITAL AND OPERATING ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and City of Jefferson (hereinafter,
"Grantee").
WITNESSETH:
WHEREAS, the Grantee has applied to the Commission for a grant of federal funds
made available to the Commission under Title 49 United States Code (hereinafter, "USC")
5310, herein referred to as "5310" or "Section 5310", to defray a portion of the costs of
enhanced mobility of seniors and individuals with disabilities with transportation, carried out by
the Grantee; and
WHEREAS, the Commission has awarded federal funds available pursuant to Section
5310 to the Grantee with the understanding that such funds will be used for projects pursuant
to this Agreement for the purposes specified in the Grantee's application for Section 5310
assistance, attached hereto as Appendix A and incorporated herein by reference.
NOW, THEREFORE, in consideration of these mutual covenants, promises, and
representations the parties agree as follows:
(1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is to
assist the Grantee in financing the project's expenses that are eligible for federal financial
assistance.
(A) Net Operating Cost: N/A
(B) Capital Costs: Such capital costs are estimated to be the amount
appearing in the Grantee's estimated capital project budget, as specified in Appendix A .
The Commission will make a grant not to exceed one hundred percent (100%)
from available federal funds towards the capital costs in a manner consistent with the
administrative rules of the USDOT as contained in Section 5310, the FTA Circular
9070.1G, dated June 6, 2014 and CRRSAA dated December 27, 2020.
(2) SCOPE OF WORK AND BUDGET: The Grantee will undertake and complete
the project specified in the approved project application and the estimated approved budget as
specificed in Appendix A.
(3) USE OF PROJECT FACILITIES AND EQUIPMENT: The following conditions
are applicable to project facilities and equipment financed under this Agreement:
(A) The project facilities and equipment shall be used to provide transportation
service to seniors and individuals with disabilities within the Grantee's transportation service
area, substantially as described in the project description of the Application (Appendix A). The
Grantee agrees to observe the property management standards as set forth 2 CFR Part 200,
as now or hereafter amended in order to protect the interest of the USDOT. Exceptions to the
requirements of this paragraph must be specifically approved by the Commission.
(B) If during the period, any project facilities/equipment are not used in
transportation service to assist disabled individuals, whether by planned withdrawal or casualty
loss, the Grantee shall immediately notify the Commission and shall remit to the Commission
a proportional amount ofthe fair market value, if any, of the property, which shall be determined
on the basis of the ratio of the grant made by the Commission to the actual cost of the project.
Fair market value shall be deemed to be the value of the property as determined by competent
appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public
sale, whichever is approved by the Commission.
(C) In the event of loss due to casualty or fire, the damages paid by the
insurance carrier or payable from the self-insured reserve account shall be considered fair
market value. In no event is salvage value to be considered fair market value.
(D) The Grantee shall keep satisfactory records with regard to the use of the
property and submit to the Commission upon request such information as is required in order
to assure compliance with this section and shall immediately notify the Commission in all cases
in which project facilities/equipment are used in a manner substantially different from that
described in the project description.
(E) The Grantee shall maintain in amount and form satisfactory to the
Commission such insurance as will be adequate to protect project facilities/equipment
throughout the period of required use.
(F) At the beginning of each calendar year, the Grantee shall also submit to
the Commission a certification that the project facilities/equipment are still being used in
accordance with the terms of Paragraph (3) of this Agreement and that no part of the local
contribution to this cost of the project has been refunded or reduced, except as authorized
above.
(4) PROJECT TIME PERIOD:
(A) Project Time Period for Net Operating Cost: N/A
(B) Project Time Period for Capital Cost: 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 Appendix B attached hereto and incorporate
herein by this reference.
(5) DISPUTES: Any disputes that arise under this Agreement shall be decided by
the Commission or its representative.
(6) 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 the Missouri Department of Transportation within the earlier of thirty
(30) days after receipt of the auditor's report 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) in 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.
(7) AUDITS. INSPECTION AND RETENTION OF RECORDS: The Commission and
the USDOT, or 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 USDOT deems
necessary at no charge to the Commission and/or its designees or representatives, 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 2 CFR part 200, examine and make excerpts
or transcripts from such records and other matters covered by this Agreement. 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 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; or (c) the end of the project time period specified in
paragraph (4). All documents, 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.
(8) PROPERTY MANAGEMENT STANDARDS: The Grantee's services rendered
and reimbursable expenses incurred shall be those allowable under the Grants Management
Common Rule, 49 CFR Subtitle A, Parts 18 and 19, and FTA Circular 4220.1F (Third Party
Contracting Guidance).
(9) REPORTS: The Grantee shall advise the Commission regarding the progress of
the projects at such times and in such a manner as the Commission may require, including,
but not limited to, meetings and interim reports.
(1 0) INSURANCE: The Grantee shall maintain in amount and form satisfactory to the
Commission such insurance as will be adequate to protect the Grantee in case of accident. If
permitted by law, the Grantee may maintain a self-insurance program in lieu of purchasing
insurance coverage. The 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-insurance plan.
(11) INDEMNIFICATION:
(A) To the extent allowed or imposed by Jaw, 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 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.
(12) 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 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
the 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 US DOT relative to nondiscrimination in federally-assisted programs of the US DOT
(49 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 the Grantee. These apply to all solicitations either by competitive bi_dding. or
negotiation made by the Grantee for work to be performed under a subcontract, mcludmg
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
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 US DOT 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 the Commission or the USDOT may determine to be appropriate,
including but not limited to:
1. Withholding of payments under this Agreement until the Grantee
complies;
and/or
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 (12) of this Agreement in every subcontract, including procurements 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 a 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.
(13) 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.
(14) DISADVANTAGED BUSINESS ENTERPRISE: The Grantee agrees to either
prepare and submit for Commission approval a Disadvantaged Business Enterprise plan as
defined in 49 CFR Subtitle A, Part 26, or to participate in the Commission's Disadvantaged
Business Enterprise plan. The Grantee shall also comply with the reporting requirements in
49 CFR Subtitle A, Part 26.
(15) 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.
(16) 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 in 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.
(17) REIMBURSEMENT:
(A) Net Operating Cost: N/A
(B) Capital Costs: The Commission, using funds made available to it from the
grant made to it by the USDOT, shall reimburse the Grantee up to one hundred percent
(100%) of the capital cost described in paragraph (1)(B) of this Agreement, provided,
however, in no event shall the total amount reimbursed by the Commission for net capital cost
exceed the maximum federal share of $108,652.00.
(18) REIMBURSEMENT CONDITIONS: Reimbursement by the Commission is
subject to the following conditions:
(A) Funds made available to the Commission and Grantee are subject to
appropriations made by the General Assembly. The maximum Commission payment on any
monthly or quarterly request and in the aggregate, when added to federal operating and/or
capital assistance funds available and applied to the same operating and/or capital period, shall
not cause the total of state and federal operating and/or capital assistance to exceed the
amount of operating and/or capital assistance for which Grantee would have qualified in federal
funds had additional federal funds been available.
(B) 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.
(C) Reimbursement will be made by the Commission on an incremental basis.
Reimbursement is subject to approval by the Commission. All requisition forms shall be in an
appropriate format approved by the Commission.
(D) Requisitions requesting reimbursement for operating expenses shall be in
accordance with the approved project operating budget (AppendixA).
(E) Requisitions requesting reimbursement for capital expenses shall be in
accordance with the approved estimated capital project budget (AppendixA).
(F) 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.
(G) The Grantee shall provide the Commission with a final invoice indicating
the detailed costs, revenues and actual operating loss, when applicable, to the Section 5310
grant. Upon receipt of the final invoice, an audit will be performed by the Commission pursuant
to Paragraph (7).
(19) 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 representative of the Grantee and the Commission.
(20) SUBCONTRACTS: 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
responsible for the proper completion of the project notwithstanding any subcontract.
(21) 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 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 of termination.
Such written notice must be mailed at least forty-five (45) days in advance of such termination
date.
(22) 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.
(23) 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 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.
(24) SECURITY: The Grantee agrees that upon purchase with funds provided under
this Agreement of any equipment for which a title certificate may be obtained or is required
under the laws of Missouri that the Grantee will execute such documents as may be necessary
to protect 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.
(25) COMMISSION 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.
(26) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any interest
in this Agreement without the prior written consent of the Commission.
(27) COMPLIANCE WITH SECTION VII OF FEDERAL TRANSIT ADMINISTRATION
ITS ARCHITECUTRE POLICY ON TRANSIT PROJECTS: In compliance with Section VII of
"FTA National ITS Architecture Policy on Transit Projects" at 66 Federal Register 1459, January
8, 2001, in the course of implementing an ITS project, the Grantee assures it will comply, and
require any third party contractor to comply, with all applicable requirements imposed by
Sections V and VI of that notice.
(28) 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.
(29) 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 regarding its alleged breach, shall
be instituted only in the Circuit Court of Cole County, Missouri.
(30) 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.
(31) CONFIDENTIALITY: The Grantee shall not disclose to third parties confidential
factual matter 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.
(32) RESTRICTION ON LOBBYING: The Grantee agrees to abide with the
requirements of 31 USC 1352.
(33) 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.).
(34) 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
United States Environmental Protection Agency (hereinafter, "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 the FTA. It is further agreed
that the clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
(35) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee
acknowledges and agrees that, notwithstanding any concurrence by the US DOT in or approval
of the solicitation or award of the underlying contract, absent the express written consent by
the USDOT, the USDOT 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.
(36) 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 or in part with Federal assistance provided
by the FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
(37) 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 US DOT under
a contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 USC 5310, the US DOT reserves the right
to impose the penalties of 18 USC 1001 and/or 49 USC 5323(1) 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 subcontractor who will be
subject to the provisions.
(38) PRIVACY ACT:
(A) The Grantee agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements of the Privacy
Act of 197 4, 5 USC 552a, as amended. Among other things, the Grantee agrees to obtain the
express consent of the USDOT before the Grantee or its employees operate a system of
records on behalf of the USDOT. The Grantee understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the Agreement.
(B) The Grantee also agrees to include these requirements in each of its
contracts to administer any system of records on behalf of the US DOT financed in whole or in
part with Federal assistance provided by FT A.
(39) STATE AND LOCAL LAW 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.
(40) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION 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.
(41) 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.
(42) 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.
(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 amended, and
49 CFR Part 32.
(44) 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) of2006, as amended. This Agreement is subject
to the award terms within 2 CFR Part 170.
[Remainder of Page Intentionally Left Blank]
City of Jefferson
Cole County
Description of vehicle(s)
Appendix A
2-High Roof Long Conversion Vans-ADA flip seats and extra securements.
Funding Source:
5310 Small Urban:
Total Cost: $108,652.00
Federal Share: $108,652.00
Local Share: $00.00
'18/5/11 Appendix A
I
Missouri Department of Transportation -Multi modal Operatlo~s DiE
APPLICATION \ ~ A 20\8
FederaiTransltAdministration \ U~~ . -
49 u.s.c. t".f>\
SECTION 5310 · Enhanced Mobility of Seniors and Individuals with Dlsa llltles Prof..~~.:·;~:.19N:=.--·--
Appllcant Identification Page ---··-
Legal Name of Organization City of Jefferson, Missouri
(As shown on the incorporation or charter documents)
List all other DBA names JEFFTRAN
JEFFTRAN
j Street Address 1320 E. High St.
I Mailing Address
I City I Jefferson City 1 State jMO I Zip+4 165101 I County I Cole
I Grant Contact Person I Mark Mehmert I Phone 1573-634-6599
I Email I mmehmert@jeffcitymo.org I Fax 1573-636-3632
Federal Employer Identification Number (FEIN) 44-6000193
DUNS Number 048127740
Nonprofit Corporation Number (issued by the MO Secretary of State) N/A
Does applicant agency have a Title VI I Non-Discrimination Plan? Yes
If yes, Title VI/Nondiscrimination Plan approval date (mm/dd/yy): 5/16/2016
Our governing body (board of director, city council, etc.) is made up DYes [{]No predominantly of minority and/or low-income individuals.
Potential riders/clients of our transportation service will be [{]Yes 0No predominantly minority and/or low-income individuals.
'18/5/11
APPENDIX A
SECTION 5310-CAPITAL PROJECT REQUEST FORM
A separate form {coPY) must be completed for each vehicle./ equipment
[equested
PROJECT REQUST TYPE
Vehicle -Replacement** X Equipment-Replacement
Vehicle -Expand Existing Services Equipment -Expand Existing Services
Vehicle -Start New Services Equipment-Start New Services
•• To replace an existing MoDOT funded vehicle please Include the followin 1 information
VIN # I1FDFE4FSI~DAll52. i.J 1'1 I Year 201 z. I Make Ford E-450
Current odometer reading n-sq 1.3 0 Vehicle Condition BAD
I INFORMATION FOR REQUESTED VEHICLE -Indicate vehicle type and desired options
Vehicle type and options can be found at MoDOT's 2018 Transit Vehicle Bid Awards
Medium Roof Long Conversion Van Option(s)
High Roof Long Conversion Van Option(s)
Lowered Floor Minivan -Accessible Floor Plan Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway X Floor Plan cc Option(s) 1&2
List primary city and/or county to be served by this vehicle Jefferson City Cole
County
----·---··-----·--·-··----·-·--·····--····--·· -----··. ·---········---------~_n--~....1 __ 1_1_.5 __ _,
' and estimated cost
---·--·---
'18/5111
APPENDIX A
SECTION 5310-CAPITAL PROJECT REQUEST FORM
A sepafilte form .(.copyl must be completed for each vehicle I eguiam.ent
requested
PROJECT REQUST TYPE
Vehicle -Replacement** X EQuipment -Replacement
Vehicle -Expand Existing Services Equipment -Expand Existing Services
Vehicle -Start New Services Equipment-Start New Services
** To reDiace an existina MoDOT funded vehicle please include the followln ~. information
VIN # j1FDFE4FSIADA09761 I Year 2010 I Make Ford E-450
Current odometer readina l 'S;).~ Vehicle Condition BAD
!INFORMATION FOR REQUESTED VEHICLE -Indicate vehicle type and desired options
Vehicle type and options can be found at MoDOJ's 201 B Transit Vehicle Bid AwardS
Medium Roof Long Conversion Van Option(s)
High Roof Long Conversion Van Option(s)
Lowered Floor Minivan -Accessible Floor Plan Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway X Floor Plan cc Option(s) 1&2
List primary city and/or county to be served by this vehicle Jefferson City Cole
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 11.5
hours are 4 hours daily).
INFORMATION FOR REQUESTED EQUIPMENT -Include equipment description and estimated cost
'18/ 5/11
APPENDIX A
SECTION 5310 -CAPITAL PROJECT REQUEST FORM
A, separate form (copy) must be comoleted for each vehic..l~ l~SYipment
requested
PROJECT REQUST TYPE
Vehicle -Replacement .. X EQuipment -Replacement
Vehicle -Expand Existing Services EQuipment-EXPand Existing Services
Vehicle -Start New Services EQuipment -Start New Services
** To replace an existing MoDOT funded vehicle, please Include the followin ~ information
VIN # I1GBDV13E450143098 I Year 2005 I Make Chevrolet Venture
Current odometer reading 171,411 Vehicle Condition BAD
NOTE: If a vehicle has been replaced In a previous grant cycle, and you attempt to replace it
a aln our com lete a ication will not be considered.
jiNFORMA TION FOR REQUESTED VE~ICLE-Indicate vehicle type and desired options
Vehicle type and options can be found at MooOT's 2018 Transjt Vehicle Bid Awards
Medium Roof Long Conversion Van Option(s)
High Roof Long Conversion Van Option(s)
Lowered Floor Minivan -Accessible X Floor Plan BBB Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway Floor Plan Option(s)
List primary city and/or county to be served by this vehicle Jefferson City Cole
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 11.5
hours are 4 hoUfs daily).
INFORMATION FOR REQUESTED EQUIPMENT -Include equipment description and estimated cost
'18/5111
APPENDIX A
Type of Agency (Senate Bill 40, Sheltered Workshop, Senior Center, etc.)
Municipality
Major Funding Sources-Matching Funds for Section 5310 Grant
City Capital Improvement Projects fund
Description of Transportation Service Provided In Relationship to this capital project request
(including days of hours of operation, geographic area of service and the type of clientele and how vehicle
or equipment will be used to support the mobility service for seniors and I or individuals with disabilities).
Wide·Body Cutaways will be used to provide complimentary origin to destination
paratransit service to seniors and individuals with disabilities. Acquisition of this
replacement equipment will allow JEFFTRAN to continue to support expanded mobility
services to seniors and individuals with disabilities.
Service Area (Cities and Counties)
City of Jefferson
Estimated Trips: Below, estimate the number of annual one-way passenger trips to be provided from
this grant project for seniors and I or individuals with disabilities.
Seniors 14775 Persons with Disabilities j337
Type of Trips to be provided (% of use should equal 100)
Medical 30 Education 10 Nutrition 25
Recreation 5 Shopping 10 Employment 20
Other* (describe below) l
'19/2/19
APPENDIX A
SECTION 5310-CAPITAL PROJECT REQUEST FORM
A separate form (copy) must be completed for each vehicle I equipment
requested,
PROJECT REQUST TYPE
Vehicle -Replacement** X Equipment -Replacement
Vehicle -Expand Existing Services Equipment -Expand Existing Services
Vehicle -Start New Services Equipment -Start New Services
** To replace an existing MoDOT funded vehicle, please include the followin I information
VIN# I I Year I Make
Current odometer reading I Vehicle Condition
NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace It
a ain our com lete a llcation will not be considered.
liN FORMATION FOR REQUESTED VEHICLE -Indicate vehicle type and desired options
Vehicle type and options can be found at MoDOT's 2018 Transit Vehicle Bid Awards,
Medium Roof long Conversion Van Option(s)
11.4,5 High Roof Long Conversion Van X Option(s)
Lowered Floor Minivan -Accessible Floor Plan Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway X Floor Plan cc Option(s) 1,2,5
list primary city and/or county to be served by this vehicle Jefferson City Cole
City County
Daily hours actual transportation services will be performed with this vehicle. (If you
transport passengers ,.!~m 7 - 9 am and then again from 3 - 5 pm, your transportation 11.5
hours are 4 hours daiiYJ.
INFORMATION FOR REQUESTED EQUIPMENT -Include equipment description and estimated cost
I
Mlssoull Depallment of Transportation-Mullbnodal Operations Division
APPUCADON
Federal TransltAdmlnlsbatlon
49 u.s.c.
SEC'OON &310 Enhanced Mobllltr of Senlo11 and Individuals with Disabilities Ptagram
Applicant Identification Page
Legal Name of Organization City of Jefferson, Missouri
(As shown on the incorporation or charter documents)
I List all other DBA names IJEFFTRAN
I Street Address 1320 E. McCarty St.
I Mailing Address
I City J Jefferson City I State j MO I Zip+ 4 165101 J County I Cole
ongressional District RPC/MPO Plan CAMPO
Executive Director Mark Mehmert Phone 573-634-6599
j Grant Contact Person I Phone
I Email I mmehmert@jeffcitymo.org I Fax 1573-636-3632
Federal Employer Identification Number (FEIN) 144-6000193
DUNS Number lo48127740
Nonprofit Corporation Number (issued by the MO Secretary of State) N/A
Does applicant agency have a Title VI/ Non-Discrimination Plan? Yes
If yes, Title VI/Nondiscrimination Plan approval date (mm/dd/yy): 5/16/2016
Our governing body (board of director, city council, etc.) is made up I Oves [l] No ~redominantly of minority and/or low-income individuals.
Potential riders/clients of our transportation service will be [{]Yes 0No predominantly minority and/or low-income individuals.
APPENDIX A
SECTION 5310-CAPITAL PROJECT REQUEST FORM
A separate form (copy> must be completed for eas.ch yehjcle I egujpmtnt
reayested
PROJECT REQUST TYPE
Vehicle -Replacement** X Equipment-Replacement
Vehicle -Expand Existing Services Equipment -Expand Existing Services
Vehicle -Start New Services Equipment-Start New Services
I ** To replace an existing ~~~~ggm; funded vehicle, please include the following information
VIN# I I Year I Make
Current odometer reading I Vehicle Condition
I INFORMATION FOR REQUESTED VEHICLE -Indicate vehicle type and desired options
Please describe type of vehicle needed: See examples of options below.
Medium Roof Long Conversion Van Option(s)
High Roof Long Conversion Van Option(s)
Lowered Floor Minivan -Accessible Floor Plan Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway X Floor Plan cc Option(s) 1,2,5
List primary city and/or county to be served by this vehicle Jefferson City
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 11 5
hours are 4 hours dat1y). •
INFORMATION FOR REQUESTED VEHICLE/ EQUIPMENT -Include description and/or estimated cost
APPENDIX A
SECTION 5310-CAPITAL PROJECT REQUEST FORM
A HQa£i!tl form (copy} must be completed for each yehjclt£ eguipmtnt
requested
PROJECT REQUST TYPE
Vehicle-Replacement** X Equipment-Replacement
Vehicle-Expand Existing Services Equipment -Expand Existing Services
Vehicle -Start New Services Equipment -Start New Services
** To replace an existing IVJgDQI funded vehicle, please include the following infonnation
VIN# I I Year I Make
Current odometer reading I Vehicle Condition
NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it
a ain, our com lete a llcation will not be considered.
I INFORMATION FOR REQUESTED VEHICLE -Indicate vehicle type and desired options
Please describe type of vehicle needed: See examples of options below.
Medium Roof Long Conversion Van Option(s)
High Roof Long Conversion Van X Option(s) 1,4,5
Lowered Floor Minivan -Accessible Floor Plan Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway Floor Plan Option(s)
List primary city and/or county to be served by this vehicle Jefferson City
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 11 5
hours are 4. hours dailY). •
INFORMATION FOR REQUESTED VEHICLE/ EQUIPMENT -Include description and/or estimated costl
APPENDIX A
SECTION 5310-CAPITAL PROJECT REQUEST FORM
A separate form lcoPYl must be como!eted for each vehjcle I eguiwnent
requested
I PROJECT REQUST TYPE
Vehicle -Replacement** Equipment -Replacement
Vehicle -Expand Existing Services X Equipment-Expand Existing Services
Vehicle -Start New Services Equipment-Start New Services
**To replace an existing IVJgCCI funded vehicle, please include the following Information
VIN# 1 I Year I Make
Current odometer reading I Vehicle Condition
NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace It
a aln our com lete a licatlon will not be considered.
!INFORMATION FOR REQUESTED VEHICLE -Indicate vehicle type and desired options
Please describe type of vehicle needed: See examples of options below.
Medium Roof Long Conversion Van Option(s)
High Roof Long Conversion Van Option(s)
Lowered Floor Minivan -Accessible Floor Plan Option(s)
Narrow Body Cutaway Floor Plan Option(s)
Wide Body Cutaway X Floor Plan cc Option(s) 1,2,5
List primary city and/or county to be served by this vehicle Jefferson City
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 11 5
hours are 4 hours daily). •
INFORMATION FOR REQUESTED VEHICLE/ EQUIPMENT -Include description and/or estimated cost
Appendix B
Missouri Department of Transpo rtatio n -Transit
Vehicle Use and Disposition
(all rograms)
Vans-straight, modified, sedans, lowered
floor and other vehicles (mini van)
25'-35' Light duty transit bus, cutaways-body
on van chassis
30' Medium duty transit bus
30' Heavy duty transit bus
35'-40' Heavy duty bus and transit buses
4 years or 100,000 miles
5 years or 150,000 miles
7 years or 200,000 miles
10 years or 350,000 miles
12 years or 500,000 miles