HomeMy Public PortalAboutORD16204BILL NO. 2021-080
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. /(/2,0*
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.
Passed:l 21) 2_0 -2 -
Presiding Officer
ATTEST:
Approved:
Mayor Carrie Tergin
APPROVED AS TO FORM:
Memorandum - Amended
______________________________________________________________________________
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:
$123,540 – $108,652 of this was previously approved
with Ordinance 16166
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
obligations tied to acceptance of the
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)
This is an 100% Federal grant.
Federal funds: $123,540
CFDA#:
20.513
Grant Award # (if any):
MO-16-X072
City Department Responsible:
Public Works
Employee assigned as Grant
Administrator:
Mark Mehmert
Revenue account # to be amended:
63-100-430010 Federal Grant - $14,888 only –
remainder previously budgeted
Expense account # to be amended:
63-630-572010 Purchase of Vehicles - $14,888 only –
remainder previously budgeted
Reviewed by Finance:
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. 16-X072 / 16-X076
Revised: 03/17 (MWH) or other available funding.
Modified:
CFDA Number: CFDA #20.513
CFDA Title: Enhanced Mobility of Seniors and Individuals with Disabilities
Federal Agency: Federal Transit Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
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 disab ilities 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 from available federal funds in the amount not
to exceed one hundread percent (100%) of 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, 2021
(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.
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(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 t o 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 ca sualty
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 ma rket 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.
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(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 represent atives, 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 matte rs 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 specifi ed 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.
(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
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property or to a person for any matter relating to or ari sing 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 Profe ssional 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 r egard 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
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negotiation made by the Grantee for work to be performed under a subcontract, inc luding
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 Sta tes.
(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
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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 ch arter 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 for eighty percent (100%) of the
capital cost described in paragraph (1)(B) of this Agreement, provided, however, in n o event
shall the total amount reimbursed by the Commission for net capital cost exceed the maximum
federal share of $123,540.00.
(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 federa l
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.
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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 notwithst anding 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.
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(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, i f 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 lo cal, 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 f rom 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.
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(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 Ac t (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 ex ceeding $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
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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, pert aining 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(l) 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 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 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 signifi cantly 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 4220.1F, 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
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
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]
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
IN WITNESS WHEREOF, the parties have entered into this Agreement on the last
date written below.
Executed by Grantee this _______________________________________(date)
Executed by the Commission this _________________________________(date).
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
By ___________________________ By ____________________________
Title __________________________ Title __________________________
Attest: Attest:
By ___________________________ By ____________________________
Secretary to the Commission
Title __________________________
Approved as to Form: Approved as to Form:
______________________________ ______________________________
Commission Counsel Counsel
Ordinance No. __________________
(if applicable)
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
Mayor
2022-06-06 | 10:35 AM CDT
City Clerk
Assistant Chief Engineer
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: $123,540.00
Federal Share: $123,540.00
Local Share: $00.00
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
'18/ 5/11 ------------r--
Missouri Department of Transportation -Multimodal Operatiohs Di�isi�
APPLICATION
\ \
1 4 7-()18 Federal Transit Administration \
M � �
✓
49 u.s.c. \ L..cc--� -n SECTION 5310 -Enhanced Mobility of Seniors and Individuals with Disal)illtles Pro;r��\, ,,1,\1:-------
Applicant Identification Page \ __ _
Legal Name of Organization City of Jefferson, Missouri (As sh own on the incorporation or charter documents)
List all other DBA names
I Street Address
I Mailing Address
JEFFTRAN
JEFFTRAN
13 20 E. High St.
I City I Jefferson City I State IMO I Zip +4 165101
Congressional District 4 RPC/MPO Plan Area CAMPO I Executive Director I Mark Mehmert I Phone
I Grant Contact Person I Mark Mehmert I Phone
I Email I mmehmert@jeffcitymo.org I Fax
Federal Employer Identification Number (FEIN) 44-6000193DUNS Number 048127740 Nonprofit Corporation Number (issued by the MO Secretary of State) Does applicant agency have a Title VI / Non-Discrimination Plan? If yes, Title VI/Nondiscrimination Plan approval date (mm/dd/yy): Our governing body (board of director, city council, etc.) is made upnredominantlv of minoritv and/or low-income individuals. Potential riders/clients of our transportation service will benredominantlv minoritv and/or low-income individuals.
I County I Cole
I 573-634-6599
I 573-634-6599
I 573-636-3632
N/A Yes 5/16/2016
0Yes [l]No
[l]Yes □No
Appendix A
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
'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 Eauioment -Replacement
Vehicle -Expand Existing Services Eauipment -Expand Existing Services
Vehicle -Start New Services Eauipment -Start New Services
••To replace an existing MoDOT funded vehicle, please include the followin ;:a 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 · lication 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)
List primary city and/or county to be served by this vehicle Jefferson City
City
Daily hours actual transportation services will be performed with this vehicle. (If you
transport passengers from 7 - 9 am and then again from 3 - 5 pm, your transportation
hours are 4 hours daily).
1,2,5
Cole
County
11.5
INFORMATION FOR REQUESTED EQUIPMENT -Include equipment description and estimated cost
Spoke with Mark, the agency will go with 2 HRCV instead of one / and will wait on the
WBC- JV
X2-jv
on hold
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
'18/ 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 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 / or individuals with disabilities.
Seniors 14775 Persons with Disabilities I 337
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) I
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
Missouri Department of Transportation - Transit
2018 Vehicle Use and Disposition
(all programs)
Vans - straight, modified, sedans, lowered
floor and other vehicles (mini van)
4 years or 100,000 miles
25' - 35' Light duty transit bus, cutaways - body
on van chassis
5 years or 150,000 miles
30' Medium duty transit bus 7 years or 200,000 miles
30' Heavy duty transit bus 10 years or 350,000 miles
35' - 40' Heavy duty bus and transit buses 12 years or 500,000 miles
Appendix B
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
BILL NO. 2021-080
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. /(/2,0*
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.
Passed:l 21) 2_0 -2 -
Presiding Officer
ATTEST:
Approved:
Mayor Carrie Tergin
APPROVED AS TO FORM:
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
Memorandum - Amended
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: 123,540 – $108,652 of this was previously approved
with Ordinance 16166
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
obligations tied to acceptance of the
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)
This is an 100% Federal grant.
Federal funds: $123,540
CFDA#: 20.513
Grant Award # (if any): MO-16-X072
City Department Responsible: Public Works
Employee assigned as Grant
Administrator:
Mark Mehmert
Revenue account # to be amended: 63-100-430010 Federal Grant - $14,888 only –
remainder previously budgeted
Expense account # to be amended: 63-630-572010 Purchase of Vehicles - $14,888 only –
remainder previously budgeted
Reviewed by Finance:
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
Exhibit A
DocuSign Envelope ID: 9D47CF0E-BBEF-4F8C-9426-05D96DB7602B
Certificate Of Completion
Envelope Id: 9D47CF0EBBEF4F8C942605D96DB7602B Status: Completed
Subject: Please DocuSign: 2021-10-66582.pdf
Source Envelope:
Document Pages: 19 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 0 Janette Vomund
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Janette.Vomund@modot.mo.gov
IP Address: 168.166.80.221
Record Tracking
Status: Original
6/2/2022 9:35:34 AM
Holder: Janette Vomund
Janette.Vomund@modot.mo.gov
Location: DocuSign
Signer Events Signature Timestamp
Ryan Moehlman
rmoehlman@jeffersoncitymo.gov
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Drawn on Device
Signed by link sent to
rmoehlman@jeffersoncitymo.gov
Using IP Address: 172.58.146.9
Signed using mobile
Sent: 6/2/2022 9:45:14 AM
Resent: 6/2/2022 9:54:54 AM
Resent: 6/2/2022 9:55:05 AM
Resent: 6/6/2022 9:18:48 AM
Viewed: 6/6/2022 10:14:25 AM
Signed: 6/6/2022 10:15:10 AM
Electronic Record and Signature Disclosure:
Accepted: 6/6/2022 10:14:25 AM
ID: 69525c7e-9212-471c-a43d-7bd8baf37ab8
Carrie Tergin
ctergin@jeffersoncitymo.gov
Mayor
Security Level: Email, Account Authentication
(Optional), Access Code Signature Adoption: Pre-selected Style
Signed by link sent to ctergin@jeffersoncitymo.gov
Using IP Address: 65.119.141.114
Sent: 6/6/2022 10:15:13 AM
Viewed: 6/6/2022 10:34:52 AM
Signed: 6/6/2022 10:35:13 AM
Electronic Record and Signature Disclosure:
Accepted: 6/6/2022 10:34:52 AM
ID: 5cfbcde5-a0f7-4257-a0be-7307b68cd5e8
Emily Donaldson
edonaldson@jeffersoncitymo.gov
City Clerk
Security Level: Email, Account Authentication
(Optional)Signature Adoption: Pre-selected Style
Signed by link sent to
edonaldson@jeffersoncitymo.gov
Using IP Address: 65.119.141.114
Sent: 6/6/2022 10:35:15 AM
Viewed: 6/6/2022 11:43:23 AM
Signed: 6/6/2022 11:43:34 AM
Electronic Record and Signature Disclosure:
Accepted: 6/6/2022 11:43:23 AM
ID: 8401f535-84c8-4cad-be05-7ddb349cd639
Signer Events Signature Timestamp
Megan L. Waters-Hamblin
Megan.Waters-Hamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Pre-selected Style
Signed by link sent to
Megan.Waters-Hamblin@modot.mo.gov
Using IP Address: 168.166.80.221
Sent: 6/6/2022 11:43:36 AM
Viewed: 6/6/2022 1:42:33 PM
Signed: 6/6/2022 1:47:03 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Eric E. Schroeter
Eric.Schroeter@modot.mo.gov
Assistant Chief Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Pre-selected Style
Signed by link sent to
Eric.Schroeter@modot.mo.gov
Using IP Address: 168.166.80.221
Sent: 6/6/2022 1:47:05 PM
Viewed: 6/7/2022 8:02:29 AM
Signed: 6/7/2022 8:02:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pamela J. Harlan - MHTC
pamela.harlan@modot.mo.gov
Secretary to the Commission
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Uploaded Signature Image
Signed by link sent to
pamela.harlan@modot.mo.gov
Using IP Address: 168.166.80.221
Sent: 6/7/2022 8:02:36 AM
Viewed: 6/7/2022 8:45:36 AM
Signed: 6/7/2022 8:45:42 AM
Electronic Record and Signature Disclosure:
Accepted: 12/22/2021 11:42:38 AM
ID: 2c664348-0ef1-42bb-97b6-7b0938b1e411
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Tara Herx
tara.herx@modot.mo.gov
Senior Executive Assistant
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 6/6/2022 1:47:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Jennifer Jorgensen
jennifer.jorgensen@modot.mo.gov
Asst Secretary to the Commission
MoDOT
Security Level: Email, Account Authentication
(Optional)
Sent: 6/7/2022 8:02:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gerry Stegeman
gstegeman@jeffersoncitymo.gov
Security Level: Email, Account Authentication
(Optional)
Sent: 6/7/2022 8:45:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Mehmert
mmehmert@jeffersoncitymo.gov
Security Level: Email, Account Authentication
(Optional)
Sent: 6/7/2022 8:45:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/2/2022 9:45:14 AM
Certified Delivered Security Checked 6/7/2022 8:45:36 AM
Signing Complete Security Checked 6/7/2022 8:45:42 AM
Completed Security Checked 6/7/2022 8:45:43 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Missouri Highways and Transportation Commission
DocuSign, Inc. Express Electronic Signature Agreement
The Missouri Highways and Transportation Commission (hereinafter, Commission), acting by
and through the Missouri Department of Transportation (MoDOT) is willing to provide to the
Authorized Representative of the Contractor/Vendor/Consultant (Entity) who is duly authorized
to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically
affixed authorized signature and seal, as required to validate a binding agreement between the
Commission and the Entity, on all Commission/MoDOT documents, including but not limited to
disclosures, agreements, contracts, notices, purchase orders, change orders, modifications,
amendments, supplements, correspondence, and the like, (hereinafter, Commission Documents)
that are processed, generated, and exchanged by and between the Commission and you, acting on
behalf of the Entity, electronically through the utilization of the DocuSign, Inc. Express
(DocuSign) eSignature Application. In consideration of mutual covenants, you agree as follows:
1) You are the person duly authorized and designated by the Entity to receive, access and agree
to the terms of this agreement on behalf of the Entity by clicking the Agree button below.
2) You have the authority to specifically consent and agree that the Commission, in its
discretion, provide all disclosures, agreements, contracts, notices, purchase orders, change
orders, modifications, amendments, supplements, correspondence, and all other evidence of the
transaction between the Commission and the Entity electronically (hereinafter all such
documentation is referred to as electronic record(s)).
3) The email address, User ID and password authorized to access the electronic agreement via
DocuSign are your own and are not shared with any other person.
4) All of the required notices and disclosures will be sent to the email address authorized through
DocuSign.
5) You are duly authorized to receive electronically through DocuSign, access and act upon all
electronic records, to provide all required information and electronically affix your signature and
seal, as applicable, on behalf of the Entity named in such Commission Documents via
DocuSign,.
6) The system through which you are accessing DocuSign and its eSignature Application meets
the minimum requirements to access DocuSign, view, receive, retrieve, download, print, store,
send and transmit all electronic records and any and all other communications sent to you from
the Commission through the DocuSign web site.
7) All communications in electronic format from the Commission to you through DocuSign are
considered in-writing. You have the ability to download and print any documents processed
through DocuSign for 30 calendar days after such documents are first sent, as long as you are an
authorized user of the DocuSign system. After such time, you may request copies by contacting
the Commission through the Secretary to the Commission at mhtc@modot.mo.gov or by
telephone at 573-751-2824. You shall print or download for your records a copy of any
communication that is important to you to retain.
8) You have implemented appropriate security measures to ensure that only you have access
through DocuSign to receive, access and electronically affix signatures to electronic records, as
applicable, Commission/MoDOT sends to you through DocuSign. It is your sole responsibility to
ensure your adequate protection, confidentiality and secrecy of the DocuSign Authentication
Code, and any other user ID and/or Password combinations that may be required for you to
access the DocuSign eSignature services and any disclosure thereof to any other person or
Electronic Record and Signature Disclosure created on: 10/5/2016 3:40:17 PM
Parties agreed to: Ryan Moehlman, Carrie Tergin, Emily Donaldson, Pamela J. Harlan - MHTC
communication thereof through unsecure medium, such as traditional electronic mail, shall be
entirely at your risk. You shall be liable for any unauthorized usage of your ID/Password
combination and the DocuSign Authentication Code.
9) You agree and authorize the Commission to respond to and act upon any and all transactions
initiated and transmitted by you electronically through DocuSign. Any transaction initiated and
transmitted by you to the Commission through DocuSign and its eSignature application shall be
deemed to have been authorized by you, and the Commission is entitled to assume that the said
transactions are so authorized by you and the Commission shall be protected upon acting
thereon.
10) You shall be fully liable to the Commission for every transaction entered into using a valid
DocuSign Authentication Code sent to you through certified mail, telephone call or Short
Message Service (SMS) text, with or without your knowledge. In no event will the Commission
be liable to you for any special, direct, indirect, consequential or incidental loss or damages even
if you have advised the Commission/MoDOT of such possibility. The Commission shall not be
liable for any misuse, if any, of any data placed on the internet by third parties hacking or
accessing the application and hosting server without authorization.
11) The Entity shall take responsibility for all the transactions with the Commission conducted
electronically through DocuSign and will abide by the record of the transactions generated by
DocuSign or by the Commission/MoDOT through DocuSign. Further such record of transactions
shall be conclusive proof and binding for all purposes and may be used as conclusive evidence in
any proceedings. All records of the Commission and DocuSign, whether in electronic form,
magnetic medium, documents or any other form, with respect to electronic transactions sent or
received through use of DocuSign shall be conclusive evidence of such transactions and shall be
binding on the Entity.
12) The Commission/MoDOT shall not be liable for any loss or damage whatsoever caused,
arising directly or indirectly, in connection with the services and /or this Agreement, including
without limitation any: (A) Loss of data; and (B) Interruption or stoppages to your access to
DocuSign and its eSignature application and/or processing of electronic transactions due to any
operational or technical difficulties/reason beyond our control for any other reason. The
Commission, along with its members, employees, agents, executors, successors and assigns shall
not be liable for any damages or claims or injuries arising out of or in connection with the use of
DocuSign and its eSignature application or its non-use including non-availability or failure of
performance, loss or corruption of data, loss of or damage to property (including profit and
goodwill), work stoppage, computer failure or malfunctioning or interruption of business, error,
omission, deletion, defect, delay in operation or transmission, communication line failure or for
any failure to act upon electronic transaction for any cause.
13) You shall keep confidential all information, in whatever form, produced, prepared, observed
or received by you to the extent that such information is confidential by law or otherwise
required by the Commission.
14) This Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed according to, the laws of the State of Missouri. 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.
15) The terms of this agreement and any amendments thereafter shall remain in full force and
effect for as long as DocuSign is active, or by thirty (30) days written notification by either party
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By checking the I Agree button, I confirm that:
1. I am the person named in the documents to which I will electronically affix my signature; that
I am authorized to sign such documents on behalf of the Entity named in the documents; that I
will read and know the contents of such electronically signed documents including all exhibits
attached thereto, and that the statements made therein are true, and that I will not omit any
information needed to make such documents true; and that I will take appropriate security
measures to insure that I have sole access to the documents sent to me by the Commission and
MoDOT through the email address provided on DocuSign.
2. I and the Entity shall indemnify and save harmless the Commission, its members, employees,
officers, successors, assigns, agents and representatives against any and all claims, losses,
damages, costs, liabilities and expense actually incurred, suffered or paid by the Commission, its
members, employees, officers, successors, assigns, agents and representatives, directly or
indirectly, and also against all demands, actions, suits, proceedings made, filed, instituted against
the Commission, its members, employees, officers, successors, agents and representatives in
connection with, or arising out of, or relating to the Commission accepting and acting or not
accepting and not acting for any reason whatsoever pursuant to, in accordance with or relying
upon, data received, through DocuSign and its eSignature application you or any unauthorized
use of your ID/Password combination, the DocuSign Authentication Code, or the DocuSign
eSignature application.
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conditions outlined above.