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HomeMy Public PortalAboutORD16166BILL NO. 2021-045 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. A01LOU 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 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. Presiding Officer ATTEST: Approved: Z� Mayor Carrie Tergin APPROVED AS TO FORM: City orney Memorandum To: City Council From: City Administrator Re: Grant Acceptance Over $25,000 For: Consent Agenda Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant: The name of the grantor: Federal Transit Administration The amount of the grant: $108,652 The purpose of the grant: This grant will provide funding for the replacement of 2 Handiwheels buses which are in very poor condition. Any matching requirements or future This is an 100% Federal grant. obligations tied to acceptance of the Federal funds: $108,652 grant: GL Acct where matching funds will come from (will be used for budget adjustment upon grant acceptance to make budget authority in expense acct shown below whole CFDA#: 20.513 Grant Award # (if any): MO -16-X072 City Department Responsible: Public Works Employee assigned as Grant Mark Mehmert Administrator: Revenue account # to be amended: 63-100-430010 Federal Grant Expense account # to be amended: 63-630-572010 Purchase of Vehicles Reviewed by Finance: l ; Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved on the Consent Agenda this day of , 20 Revised 8/2/16 by Ordinance 15545 CCO Form: MO85 Approved: 12/08 (AMB) Project No: MO -16-x072 Revised: 08/2021 (MWH) or other available funding Modified: CFDA Number: CFDA #20.513 CFDA Title: 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 9070.1 G, 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 of the 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 4220.1 F (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. (10) 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 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 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 USDOT relative to nondiscrimination in federally -assisted programs of the USDOT (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 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 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 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 USDOT 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 USDOT 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 USDOT 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 1974, 5 USC 552x, 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 USDOT financed in whole or in part with Federal assistance provided by FTA. (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) of 2006, as amended. This Agreement is subject to the award terms within 2 CFR Part 170. [Remainder of Page Intentionally Left Blank] Appendix A City of Jefferson Cole County Description of vehicle(s) 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: $00.00 118/5/11 Appendix A V/ Missouri Department of Transportation - Multimodal Operations Dl -'-I APPLICATION Federal Transit Administration ` 49 U.S.C. SECTION 5310 - Enhanced Mobility of Seniors and Individuals with Disalbilltles Pro rale Applicant 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 `Street Address 320 E. High St. Mailing Address City Jefferson City State MO zip + 4 65101 County Cole Congressional District 4 RPC/MPO Plan Area CAMPO Executive Director Mark Mehmert I Phone 573-634-6599 Grant Contact Person Mark Mehmert Phone 1573-634-6599 Email Fmmehmert@jeffcitymo.org Fax F573-636-3632 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 / 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 predominantly of minority and/or low-income individuals. Yes No � Potential riders/clients of our transportation service will be predominantly minority and/or low-income individuals. 71 Yes No 118/5/11 'k APPENDIX A SECTION 5310 - CAPITAL PROJECT REQUEST FORM A separate form (copy) must be completed for each vehicle Leguipmmtt reauested PROJECT REQUST TYPE Vehicle - Replacement" X Equipment — Replacement Option(s) Vehicle — Expand Existing Services Equipment — Expand Existing Services Vehicle — Start New Services Equipment — Start New Services ** To replace an existing MoDOT funded vehicle, piease include the followin information VIN # 1FDFE4F,44DAG2. 4 74 1 Year201'_ Make Ford E-450 Current odometer reading I , SQ 130 Vehicle Condition BAC NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it again, your rwmplete, application will not be considered. 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 1 Jefferson City I Cole County V u 11.5 and estimated cost '18/ 5/11 APPENDIX A SECTION 5310 - CAPITAL PROJECT REQUEST FORM A separate form (cony) must be completed for each vehicle / egui ment requested PROJECT REQUST TYPE Vehicle - Re lacement" x Equipment — Replacement I Year 2010 I Make Vehicle — Ex and Existing Services Current odometer reading Equipment — Expand Existing Services BAD Vehicle — Start New Services Equipment — Start New Services ** To replace an existina MoDOT funded vehicle, please include the following information VIN # 1 1 FDFE4FSiADA09761 I Year 2010 I Make Ford E-450 Current odometer reading Vehicle_ Condition BAD NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it again, your complete application will not be considered. 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 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 118/5/11 0 ' \IMS SECTION 5310 - CAPITAL PROJECT REQUEST FORM A separate form (copy) must be completed for each vehicle / equipment requested PROJECT REQUST TYPE Vehicle - Re lacement"* X Equipment — Replacement Vehicle — Expand Existing Services Equipment — Ex and Existing Services Vehicle — Start New Services Equipment — Start New Services ** To replace an existing M DOT funded vehicle lease include the following information VIN # j1Gl3DV13E45D143098 I Year 2005 1 Make Chevrolet Venture Current odometer reading 71,411 Vehicle Condition BAD NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it 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 X Floor Plan I 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 hours daily). INFORMATION FOR REQUESTED EQUIPMENT - Include equipment description and estimated cost 9 118/5/11 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 / 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 / or individuals with disabilities. Seniors 4775 Persons with Disabilities 337 Type of Trips to be provided (% of use should equal 100) Medical 30 Education 10 Nutrition 25 Recreation 5 Shopping 10 1 Employment 20 Other* (describe below) '19/2/19 APPENDIX A SECTION 5310 - CAPITAL PROJECT REQUEST FORM A separate form (copy) must be completed for each vehicle / equipment requested PROJECT REQUST TYPE Vehicle - Replacement— X Equipment — Replacement Make Vehicle — Expand Existing Services Current odometer reading E ui ment — Expand Existing Services Vehicle — Start New Services Equipment — Start New Services ** To replace an existing MoDOT funded vehicle, please include the following information VIN # I I Year Make Current odometer reading Vehicle Condition NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it again, your complete application will not be considered. 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 X Option(s) 1,4,5 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 —71 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 Missouri Department of Transportation - Multimodal Operations Division APPLICATION Federal Transit Administration 49 U.S.C. SECTION 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program Applicant ldentiflcation Page Legal Name of Organization (City of Jefferson, Missouri (As shown on the incorporation or charter documents) List all other DBA names JEFFTRAN Street Address 1320 E. McCarty St. Mailing Address City Jefferson City I State I MO I Zip + 4 65101 1 County I Cole Congressional District 4 RPC/MPO Plan CAMPO I Executive Director Mark Mehmert Phone 1573-634-6599 Grant Contact Person I Phone Email mmehmert@jeffcitymo.org 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 / Non -Discrimination Plan? Yes If yes, Title VI/Nondiscrimination Plan approval date (mm/dd/yy): 15/16/2016 Our governing body (board of director, city council, etc.) is made up predominantly of minority and/or low-income individuals. I Yes No Potential riders/clients of our transportation service will be predominantly minority and/or low-income individuals. Yes No APPENDIX A SECTION 5310 - CAPITAL PROJECT REQUEST FORM A se crate form (copy) must be comeleted for each vehicle_( eguigmgnt regels sted PROJECT REQUST TYPE Vehicle - Replacement" X Equipment — Replacement Option(s) 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 following information VIN # I Year Make Option(s) Current odometer reading Vehicle Condition NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it again, your complete application will not be considered. INFORMATION FOR REQUESTED VEHICLE — Indicate vehicle type and desired options IPlease describe type of vehicle needed: See examples of options below. I 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) 112,5 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). I INFORMATION FOR REQUESTED VEHICLE/ EQUIPMENT — Include description and/or estimated cost "00 ■ , • 1 ja SECTION 5310 - CAPITAL PROJECT REQUEST FORM 0 separate form (copy) must be completed for each vehicle I eauipment reauested PROJECT REQUST TYPE Vehicle - Replacement" X Equipment — Replacement I Make Vehicle — Expand Existing Services Current odometer reading Equipment — Expand Existing Services Vehicle Condition Vehicle — Start New Services Equipment — Start New Services ** To replace an existing M2EM funded vehicle, please include the following information VIN # I I Year I Make Current odometer reading Narrow Body Cutaway Vehicle Condition Floor Plan NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it again, your complete application 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 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 cost U••4\b SECTION 5310 - CAPITAL PROJECT REQUEST FORM A separate form (copy) must be completed -for each vehicle ( eguiement reguested PROJECT REQUST TYPE Vehicle - Replacement" Make Equipment — Replacement Current odometer reading Vehicle — Expand Existing Services X Equipment — Expand Existing Services Vehicle — Start New Services Equipment — Start New Services "" To replace an existing MoDOT funded vehicle, please include the following information VIN # I Make Current odometer reading Vehicle le Condition Narrow Body Cutaway NOTE: If a vehicle has been replaced in a previous grant cycle, and you attempt to replace it again, your complete application 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) 1,25 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). I INFORMATION FOR REQUESTED VEHICLE/ EQUIPMENT — Include description and/or estimated cost Missouri Department of Transportation - Transit Vehicle Use and Disposition (all programs) 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 Appendix B 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