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HomeMy Public PortalAbout2023-03-20 packetNOTICE OF MEETING AND CITY COUNCIL AGENDA i MONDAY, MARCH 20, 2023 – 6:00 P.M. CITY COUNCIL CHAMBERS ~ JOHN G. CHRISTY MUNICIPAL BUILDING ~ 320 E. MCCARTY STREET TO JOIN VIRTUALLY: https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=mf9a08d776cfb62572b99fe10ee9c7282 CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2487 509 6219 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER – Councilmember Schreiber PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS a. Mayors Alliance on Childhood Hunger Proclamation Presented to Stephanie Vollmer (Mayor Tergin) b. American Red Cross Month Proclamation Presented to Pamela Protzman (Mayor Tergin) c. Cerebral Palsy Awareness Month Proclamation Presented to Charlotte and Lesley Bickel (Mayor Tergin) 5. PUBLIC HEARINGS a. Adopting the 2023 Title VI Program for CAMPO and JEFFTRAN, Including Title VI Non- Discrimination, Limited English Proficiency, and Public Participation Plan i. Resolution 2022-47 (Fitzwater) Staff: Katrina Williams 6. APPOINTMENTS BY THE MAYOR a. Recommended Appointments to the Following Boards and Commissions Board or Commission Recommended Appointment New Term Expires Term Full/Partial Airport Advisory Committee Jonathan Abbott* Mar 2027 Full Terry Rackers Mar 2027 Full City Council Agenda – March 20, 2023 ✓ = Request to suspend rules 2 Board or Commission (continued) Recommended Appointment New Term Expires Term Full/Partial Cultural Arts Commission Ken Hussey Mar 2026 Full Lori Simms Mar 2026 Full Natalie Eickhoff Mar 2026 Full Human Relations Commission JoDe Layton-Brinker Dec 2023 Partial *Requires 2/3 Majority Vote 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Fire Fighters Local 671 (Invited by Councilmembers Deeken, Fitzwater, Spencer, Spicer) 8. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF a. Council Committee Meetings (Check www.jeffersoncitymo.gov meeting calendar for dates, times locations, and agendas): i. Administration ii. Finance iii. Public Safety iv. Public Works & Planning 9. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE 10. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS (All individuals will be limited to 5 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 11. CONSENT AGENDA a. Minutes of City Council Meetings: March 6, 2023 b. Awarding Bus Advertising Services to Houck Transit Advertising c. Awarding Wastewater Odor Control Products Bid to Evoqua Water Technologies d. Authorizing $57,100 Contract Change Order #2 with Concrete Solution LLC to Conduct Additional Work on Adams St. Sidewalk 2022 Project e. Awarding Animal Shelter’s Veterinary Supplies Bid to Midwest Veterinary Supply and Zoetis f. Awarding $114,296 Bid to Feld Fire for Fire Hoses and Equipment g. Authorizing the Application for Missouri Department of Transportation, Traffic & Hwy Safety Division Impaired Driving Enforcement Grant in the Amount of $28,853.50 h. Authorizing the Application for Missouri Department of Transportation, Traffic & Hwy Safety Division HMV Enforcement Grant in the Amount of $33,948.18 i. Authorizing a $374,250 Contract Change Order #2 with Sam Gaines Construction for Concrete Street Repair Project j. Declaring Certain City-Owned Personal Property Surplus and Authorizes the Disposition by Sale through Auction -Police and Public Works Vehicles City Council Agenda – March 20, 2023 ✓ = Request to suspend rules 3 k. Declaring Certain City-Owned Personal Property Surplus and Authorizes the Disposition by Donation to Historic City of Jefferson – 415 Monroe St. l. Authorizing a Waiver of Fines and Fees on 1421 St. Mary’s Blvd., Subject to the Donation of the Property to Habitat for Humanity 12. BILLS INTRODUCED a. 2022-112 Authorizing a $1,798,461,85 Contract with WHP Training Towers for the Purchase, Design and Installation of a Fire Tower and Residential/Industrial Building for Fire Training at 2304 Hyde Park Rd., Awarding $32,000 Bid to UDT for the Demolition of the Drill Tower and Building, Accepting an Additional $200,000 Contribution from Cole County ARPA Funds, and Approving Supplemental Appropriations Sales Tax G gleaning funds (Schreiber) Staff: Matt Schofield b. 2022-113 Authorizing an Amendment to the FY2022-2023 Budget by Supplementally Appropriating $213,730 to the Wastewater Enterprise Fund (Hensley) Staff: Matt Morasch c. 2022-114 Amending Purchasing Code Relating to Electronic Tablets (Wiseman) Staff: Shiela Pearre d. 2022-115 Authorizing a $59,000 Design Contract with Structural Engineering Associates, Inc. Related to Repair Services of 209 Jefferson St. and Madison St. Parking Garages (Fitzwater) Staff: Matt Morasch 13. BILLS PENDING a. 2022-110 ARPA Realignment (Hensley) Staff: Shiela Pearre b. 2022-111 Authorizing Additions to City Code Chapter 31 – Stormwater/Floodplain Management by Adding Section 31-280, Private Stormwater Conversion Program, and Modifications to Appendix Y to Include the Same (Fitzwater) Staff: Matt Morasch 14. INFORMAL CALENDAR a. 2022-106 Approving a Final Subdivision Plat of TC3C Subdivision located in the 1000 Block of Marshall Street and 600 Block of Roland Street (Lester) Staff: Eric Barron (Expires after 4/3/2023 City Council Meeting) 15. RESOLUTIONS a. RS2022-47 Taken Up Under 5(a.) b. RS2022-48 Authorizing a Retainer Agreement Related to the City’s Wastewater Utilities (Fitzwater) Staff: Matt Morasch and Ryan Moehlman c. RS2022-49 Authorizing a Missouri State Transit Assistance Grant Application (Fitzwater) Staff: Matt Morasch d. RS2022-50 Authorizing a Real Estate Agreement with the Missouri Primary Care Assoc. and the Missouri Behavioral Health Council for the Sale of 1.75 Acres or Real Estate at MSP (Fitzwater) Staff: Ryan Moehlman City Council Agenda – March 20, 2023 ✓ = Request to suspend rules 4 16. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS – (All individuals will be limited to 3 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 17. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS 18. NEW BUSINESS 19. CLOSED SESSION a. Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session to discuss the following: i. Attorney Client Privilege [Sec. 610.021(1)] 20. UNFINISHED BUSINESS 21. ADJOURN i Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. NOTICE OF MEETING AND CITY COUNCIL AGENDAi CITY COUNCIL WORK SESSION City of Jefferson, Missouri 320 E. McCarty St. City Council Chambers MONDAY, MARCH 20, 2023 5:45 P.M. AGENDA 1. Discussion of March 20, 2023 City Council Meeting Agenda Items 2. Adjournment i Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Proclamation WHEREAS, mayors are committed to improving the health, academic performance and overall well- being of America's children through the reauthorization of the Child Nutrition Act; and WHEREAS, child nutrition programs are critical for our nation's health and economy and regular access to healthy and affordable meals has been proven to be one of the strongest predictors of improved school performance, improved health and sound childhood development; and WHEREAS, research shows that childhood hunger and food insecurity have a range of negative impacts on the health, academic performance and overall well-being of children; and WHEREAS, child nutrition programs are the front line of defense against childhood hunger and food insecurity, promoting healthy eating and providing healthy, nutritious food for the nation's children through the numerous programs; and WHEREAS, children living in poverty also face an elevated risk of hunger and food insecurity with summer being the hungriest time of the year; and WHEREAS, identifying, reaching, and serving all victims of crime — especially those from groups that often have less access to healing services and avenues to justice — is essential; and WHEREAS, the Healthy, Hunger Free Kids Act of 2010 has improved the nutritional standards for school nutrition programs and as a result, kids have access to increased fruits, vegetables and whole grains but less sugars, fats and sodium, and that Congress has the opportunity to ensure that children continue to have access to nutritious and quality meals to help prevent childhood hunger and obesity; and WHEREAS, an adequately funded and evidence -based reauthorization bill can reduce childhood hunger and food insecurity in America, help reduce childhood obesity, improve child nutrition and health, and enhance healthy child development and school readiness; allowing children to reach their full potential; and WHEREAS, Congress has a unique opportunity in the upcoming reauthorization of the Child Nutrition Act to improve access and nutrition for millions of children, particularly low-income children. NOW, THEREFORE, 1, Carrie Tergin, Mayor of the City of Jefferson, do hereby proclaim March as End Childhood" g[unger 9btontFi in the City of Jefferson, Missouri. Mayor ['Ark- Proc(amation WHEREAS, during American Red Cross Month in March, we celebrate the humanitarian spirit of Jefferson City and reaffirm our commitment to help ensure no one faces a crisis alone; and WHEREAS, caring for one another is at the heart of our community and exemplified by the people of Jefferson City, whose simple acts of kindness through the Red Cross provide help and hope in people's most difficult moments — continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering; and WHEREAS, every day, these ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need — whether it's providing emergency shelter, food and comfort for families displaced by home fires and other disasters; donating lifesaving blood for cancer patients, accident victims, and people with sickle cell disease and other life -threatening conditions; supporting military members and veterans, along with their families and caregivers, through the unique challenges of service; using vital skills like first aid and CPR to help others survive medical emergencies; or delivering international humanitarian aid and reconnecting loved ones separated by crises around the world; and WHEREAS, their support, volunteerism and generous donations are critical to our community's resilience. We hereby recognize this month of March in honor of all those who fulfill Clara Barton's noble words, "You must never think of anything except the need and how to meet it," and ask everyone to join in this commitment. NOW, THEREFORE, I, Carrie Tergin, Mayor of the City of Jefferson, do hereby proclaim March 2023 as Wed Cross Month and I encourage all citizens of Jefferson City to reach out and support its humanitarian mission. In Testimony Whereof, I have hereunto set my hand and caused to be affixed the SO. of the City of Jefferson, this 1st day of March, 2023. (,e)-14/ Mayor NOTICE Public Comment-Public Hearing City of Jefferson Title VI Program, Public Participation Plan, and Language Assistance Plan for Capital Area Metropolitan Planning Organization (CAMPO) and JEFFTRAN Public comments are invited on the updated City of Jefferson Title VI Program for CAMPO and JEFFTRAN. The Title VI Program includes the Public Participation Plan and Language Assistance Plan. The Federal Transit Administration (FTA) requires recipients to report certain general information to determine compliance with Title VI of the Civil Rights Act of 1964. Both CAMPO and JEFFTRAN are administered by the City of Jefferson and utilize FTA funding. The Title VI Program document is available electronically at www.jeffersoncitymo.gov/campo or at locations detailed below. Public comments will be accepted until the close of the public hearing on Monday, March 20th, 2023 at 6:00 p.m. in the City Council Chambers, John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101. At the hearing interested persons will have an opportunity to comment. If no substantive changes are made this will be the final notice and the Title VI Program will be adopted. The City of Jefferson City Council may adopt the Title VI Program at their meeting on March 20th, 2023 as currently printed or amended, following the public hearing. Persons wishing to comment on the plan may appear at the public hearing or provide comments in advance. Prior to the City Council public hearing, public comment can also be made in person at the CAMPO Board of Directors meetings on February 15th and March 15th . All comments received prior to or during the public hearing, including oral recordings, will be transcribed for inclusion in the plan. Oral comments may be recorded prior to the public hearing by contacting the Planning Division prior to the public hearing. Copies of the plan are available for inspection at the Missouri River Regional Library, City Clerk’s Office at the City of Jefferson, and on the CAMPO website at www.jeffersoncitymo.gov/campo. Notice of public hearing and a copy of the draft document has also been provided to the County Clerk’s office in Callaway County, County Clerk’s office in Cole County, City Clerk offices in the City of St. Martins, City of Holts Summit, City of Taos, Village of Wardsville, and OATS, Inc. Comments and inquiries should be directed to the CAMPO office located in the Department of Planning and Protective Services-Planning Division, Room 120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri, 65101; telephone 573.634.6475; fax 573.634.6457 or email campo@jeffersoncitymo.gov during regular office hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. CAMPO and JEFFTRAN are administered by the City of Jefferson. Individuals should contact the ADA Coordinator at 573. 634.6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Katrina Williams, Planner, City of Jefferson, Missouri Thursday, February 2, 2023 For contact information only: Department of Planning & Protective Services 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Attention: Lisa Dittmer, Phone: (573) 634-6475 RESOLUTION SUMMARY RESOLUTION NO: RS2022-47 SPONSOR: Councilmember Fitzwater SUBJECT: Adootinq the City of Jefferson 2023 Title VI Program . includ ing Limited English Proficiency Plans and Public Participation Plans for JEFFTRAN and CAMPO (Capital Area Metropo litan Planning Organization) DEPARTMENT DIRECTOR(S): __ -r~*"""'~--"--'-~-+-=-----­ CITY ADMINISTRATOR:~(ff2::::~:::;(_~4J:_~~-------- Staff Recommendation: Approve . Summary: Adopts and authorizes submittal of the City of Jefferson 2023 Title VI Program, as required by the FTA (Federal Transit Administration) for all recipients of FTA funds . An updated Title VI Program , including Limited English Proficiency Plans and Public Participation Plans is required to be completed every three years for JEFFTRAN and CAMPO . Upon adoption, the Title VI Program will be submitted to the FTA Regional Civil Rights Officer and MoDOT Civil Rights Division . Origin of Request: Department of Public Works I JEFFTRAN Department of Planning & Protective Services I Cap ital Area Metropolitan Planning Organ izatio n Department Responsible: Department of Public Works I Department of Plann i ng & Protective Services PERSON RESPONSIBLE: MATTHEW MOARSCH I Gerry Stegeman I Katrina Will iams DAVID GRELLNER I Eric Barron I Katrina Williams Background Information: The City of Jefferson is a recipie nt of FTA f unds via administration of CAMPO and JEFFTRAN . Historically , each agency has produced individual documents to meet FTA requirements . The 2023 Title VI Program document is a combined product in an effort to reduce duplication of effort by staff and was necessitated by overlap of st aff between CAMPO and JEFFTRAN. In accordance with Title VI of the Civil Rights Act of 1964, as amended , 42 U.S .C. 200d e t se q ., and with U.S. DOT regulations , "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -Effectuation of T it le VI of the Civil Rights Act,” 49 CFR part 21, the City of Jefferson agrees to comply with all provisions prohibiting discrimination on the basis of race, color, or national origin. The City of Jefferson is required to ensure that no person shall, as provided by Federal and State civil rights laws, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity. The Title VI Program outlines the efforts that will be made to ensure non-discrimination in all programs and activities, whether those programs and activities are federally funded or not. The City of Jefferson meets FTA requirments by promoting actions that: A. Ensure that the level and quality of transportation service is provided without regard to race, color, or national origin. B. Identify and address, as appropriate, disproportionally high and adverse effects of programs and activities on minority populations and low-income populations. C. Promote the full and fair participation of all affected Title VI populations in transportation decision making. D. Prevent the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations. E. Ensure meaningful access to programs and activities by persons with Limited English Proficiency (LEP). The 2022-2023 process to update the Title VI Program was done in accordance with FTA requirements and in accordance with the existing Public Participation Plan requirements outlined in CAMPO and JEFFTRAN policies. A draft Title VI Program document was made available on the CAMPO and JEFFTRAN webpages beginning January 5th, 2023. A 45- day public comment period was opened February 2nd, 2023. A March 20th, 2023 public hearing was advertised 30 days and 10 days prior to said hearing. A public meeting was held on March 15, 2023. Multiple presentations were given on the Title VI Program along with requests for comment at the following: CAMPO Technical Committee Meetings (January and February 2023) CAMPO Board of Directors Meeting (February 2023) Public Transit Advisory Committee Meeting (February 2023) Public Works and Planning Committee (February 2023) The CAMPO Board of Directors is also required to review and adopt the Title VI Program. The 2023 Title VI Program was recommended for approval by the CAMPO Technical Committee, Public Transit Advisory Committee, and the Public Works and Planning Committee. No public comments have been received. Fiscal Information: An updated Title VI Program is required to maintain good standing with FTA. The absence of and updated document could result in revocation of funding. RESOLUTION RS2022-47 Sponsor: Councilmember Fitzwater A RESOLUTION ADOPTING THE 2023 TITLE VI PROGRAM, INCLUDING LIMITED ENGLISH PROFICIENCY PLANS AND PUBLIC PARTICIPATION PLANS FOR JEFFTRAN AND CAMPO ' WHEREAS, the City of Jefferson is committed to ensuring that no person is excluded from participation in , or denied the benefits of its trans it services on the basis of race , color, or national origin , as protected by Title VI of the Civil Rights Act of 1964; and WHEREAS, the City of Jefferson , as a recip ient of Federal Transit Administration funds in the administration of JEFFTRAN and CAMPO (Capital Area Metropolitan Planning Organization), is required to report certain general information to determine c ompliance with Title VI ; and WHEREAS, to ensure compliance with 49 CFR Section 21 .9 (b), the FTA requ ires that all recipients document their compliance w ith this chapter by submitting a Title VI Program to the FTA's regional civil rights officer every three years ; and WHEREAS, the program has been updated in accordan ce with the requirements of the Federal Transit Administration . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Jefferson , Missouri, that it hereby acknowledges and adopts the 2023 Title VI Program , including Limited English Proficiency Plans and Public Participation Plans attached hereto as "Attachment A." BE IT FURTHER RESOLVED that this approval shall be continuing in nature, until new plans , policies and programs are approved by the Counci l, and shall not e xpire with the adjournment of this Council. Adopted this 2Q 1h day of March, 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City~ NOTICE Public Comment-Public Hearing City of Jefferson Title VI Program, Public Participation Plan, and Language Assistance Plan for Capital Area Metropolitan Planning Organization (CAMPO) and JEFFTRAN Public comments are invited on the updated City of Jefferson Title VI Program for CAMPO and JEFFTRAN. The Title VI Program includes the Public Participation Plan and Language Assistance Plan. The Federal Transit Administration (FTA) requires recipients to report certain general information to determine compliance with Title VI of the Civil Rights Act of 1964. Both CAMPO and JEFFTRAN are administered by the City of Jefferson and utilize FTA funding. The Title VI Program document is available electronically at www.jeffersoncitymo.gov/campo or at locations detailed below. Public comments will be accepted until the close of the public hearing on Monday, March 20th, 2023 at 6:00 p.m. in the City Council Chambers, John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101. At the hearing interested persons will have an opportunity to comment. If no substantive changes are made this will be the final notice and the Title VI Program will be adopted. The City of Jefferson City Council may adopt the Title VI Program at their meeting on March 20th, 2023 as currently printed or amended, following the public hearing. Persons wishing to comment on the plan may appear at the public hearing or provide comments in advance. Prior to the City Council public hearing, public comment can also be made in person at the CAMPO Board of Directors meetings on February 15th and March 15th . All comments received prior to or during the public hearing, including oral recordings, will be transcribed for inclusion in the plan. Oral comments may be recorded prior to the public hearing by contacting the Planning Division prior to the public hearing. Copies of the plan are available for inspection at the Missouri River Regional Library, City Clerk’s Office at the City of Jefferson, and on the CAMPO website at www.jeffersoncitymo.gov/campo. Notice of public hearing and a copy of the draft document has also been provided to the County Clerk’s office in Callaway County, County Clerk’s office in Cole County, City Clerk offices in the City of St. Martins, City of Holts Summit, City of Taos, Village of Wardsville, and OATS, Inc. Comments and inquiries should be directed to the CAMPO office located in the Department of Planning and Protective Services-Planning Division, Room 120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri, 65101; telephone 573.634.6475; fax 573.634.6457 or email campo@jeffersoncitymo.gov during regular office hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. CAMPO and JEFFTRAN are administered by the City of Jefferson. Individuals should contact the ADA Coordinator at 573. 634.6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Katrina Williams, Planner, City of Jefferson, Missouri Thursday, February 2, 2023 For contact information only: Department of Planning & Protective Services 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Attention: Lisa Dittmer, Phone: (573) 634-6475 City of Jefferson Title VI Program For CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION (CAMPO) & JEFFTRAN Date filed with MoDOT Transit Section: ____DRAFT____ Click or tap to enter a date. The preparation of this plan was financed in part by the U.S. Department of Transportation, Federal Highway Administration, and Federal Transit Administration in cooperation with the Missouri Department of Transportation. The opinions, findings, and conclusions expressed in this report are not necessarily those of the Federal Highway Administration, Federal Transit Administration, or the Missouri Department of Transportation. City of Jefferson Title VI Nondiscrimination Policy The City of Jefferson is committed to the policy that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, color, or national origin, in accordance with Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259). Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. MPO Administration is provided by the City of Jefferson Department of Planning and Protective Services/Planning Division 320 East McCarty Jefferson City, Missouri Telephone 573-634-6410 http://www.jeffersoncitymo.gov/campo JEFFTRAN Administration is provided by the City of Jefferson Department of Public Works/ Transit Division 320 East McCarty Jefferson City, Missouri Telephone 573-634-6410 http://www.JEFFTRAN.org DRAFT Resolution – City Council DRAFT Resolution – CAMPO Board of Directors DRAFT CONTENTS Title VI Program Requirements ............................................................................................... 1 General Requirements (Chapter III) Checklist ..................................................................................................................... 1 Requirements of Transit Providers (Chapter IV) Checklist - JEFFTRAN ...................................................................... 1 Requirements of MPOs (Chapter VI) Checklist - CAMPO ............................................................................................... 1 Title VI Assurances ................................................................................................................... 2 Title VI Notice to the Public ................................................................................................... 3 Title VI Complaint Procedures & Complaint Form ............................................................... 5 List of transit-related Title VI investigations, complaints, and lawsuits ............................ 10 Title VI Compliance Report Submission Process ................................................................. 10 Documenting Evidence of Agency Staff Title VI Training ................................................... 10 Agency Information ............................................................................................................... 11 General Program Responsibilities ........................................................................................................................................... 11 Responsibilities of the Title VI Coordinator ........................................................................................................................ 11 Responsibilities of Other Staff Members .............................................................................................................................. 12 JEFFTRAN Overview .............................................................................................................. 12 JEFFTRAN Service Standards ................................................................................................................................................... 14 Service Policies ............................................................................................................................................................................ 14 CAMPO Overview ................................................................................................................... 15 CAMPO Board of Directors Membership ........................................................................................................................... 16 Demographic Profile of the Metropolitan Planning Area ................................................... 18 A note on U.S. Census data. .................................................................................................................................................... 18 Minority Populations .................................................................................................................................................................. 19 Low-Income (Poverty) Populations ........................................................................................................................................ 20 Elderly Populations ..................................................................................................................................................................... 21 Identifications of Mobility Needs of Minority Populations .................................................. 22 Disparate Impact Analysis ...................................................................................................... 22 JEFFTRAN Public Participation Plan .................................................................................... 23 Goal ........................................................................................................................................... 23 Identification of Stakeholders ................................................................................................ 23 Targeted Public Participation Plan for Minority, Low-Income and LEP Populations ...... 24 Jefftran Public Comment Procedures ................................................................................... 25 Transit Notice Posting and Publishing ................................................................................................................................... 25 Public Comment .......................................................................................................................................................................... 27 Response to Public Input .......................................................................................................................................................... 27 Access to Records ...................................................................................................................................................................... 29 Title VI Outreach Best Practices ........................................................................................... 29 DRAFT 2023 – 2026 Title VI Program Public Engagement Process ................................................ 30 Summary of 2019-2023 Public Outreach Efforts .................................................................. 30 Proposed Fare Increase Public Engagement 2022-2023 ................................................................................................... 30 Example public Notices .......................................................................................................... 31 CAMPO Public Participation Plan ....................................................................................... 33 Desired Outcomes ................................................................................................................... 34 Evaluation of Effectiveness ..................................................................................................... 34 Survey Results .......................................................................................................................... 35 2023 Board of Directors and Technical Committee Survey ........................................................................................... 35 2019 Public Participation Survey Results .............................................................................................................................. 36 2022 City of Jefferson Citizen Participation Plan ................................................................................................................ 36 Participation Policies ............................................................................................................... 38 Public Notice & Accessibility ................................................................................................................................................... 38 Emergency Meetings ................................................................................................................................................................... 39 Effective Communication & Visualization ............................................................................................................................. 39 Outreach & Engagement ........................................................................................................................................................... 39 Coordination ................................................................................................................................................................................ 40 Public Comment Procedures ................................................................................................. 41 Plan Specific Procedures ......................................................................................................... 44 Metropolitan Transportation Plan .......................................................................................................................................... 44 Transportation Improvement Program ................................................................................................................................. 45 Coordinated Public Transit-Human Services Transportation Plan ................................................................................ 47 Title VI Program, Public Participation Plan, & Language Assistance Plan ..................................................................... 48 Unified Planning Work Program ............................................................................................................................................. 49 Special Accommodations .......................................................................................................................................................... 50 Non-discrimination Policy ........................................................................................................................................................ 50 City of Jefferson/CAMPO Limited English Proficieny Plan ................................................. 52 Service Area Description .......................................................................................................................................................... 52 Four Factor Analysis ............................................................................................................... 52 Subrecipient Assistance ......................................................................................................... 57 Subrecipient Monitoring ....................................................................................................... 57 Equity Analysis of Facilities ................................................................................................... 57 Requirement to Collect and Report Demographic Data* .................................................. 57 Requirement to Monitor Transit Service* ........................................................................... 57 Service and Fare Equity Analysis*......................................................................................... 57 DRAFT City of Jefferson Title VI Program 2023 – Title VI Program Requirements 1 TITLE VI PROGRAM REQUIREMENTS The following checklist, derived from Chapters III, IV, VI, and Appendix A of FTA Circular 4702.1B, denotes required elements included in this program. If an element is not required or included in this plan, an explanation is provided. More information about these requirements can be found at: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Title_VI_FINAL.pdf GENERAL REQUIREMENTS (CHAPTER III) CHECKLIST  Title VI Annual Certifications and Assurances.  Title VI Notice to the Public, including a list of locations where the notice is posted.  Title VI Complaint Procedures (i.e., instructions to the public regarding how to file a Title VI discrimination complaint).  Title VI Complaint Form.  List of transit-related Title VI investigations, complaints, and lawsuits.  Public Participation Plan, including information about outreach methods to engage minority and limited English proficient populations (LEP), as well as a summary of outreach efforts made since the last Title VI Program submission.  Language Assistance Plan for providing language assistance to persons with limited English proficiency (LEP), based on the DOT LEP Guidance.  A table depicting the membership of non-elected committees and councils, the membership of which is selected by the recipient, broken down by race, and a description of the process the agency uses to encourage the participation of minorities on such committees.  [Not Applicable] Primary recipients shall include a description of how the agency monitors its subrecipients for compliance with Title VI, and a schedule of subrecipient Title VI Program submissions.  [Not Applicable] A Title VI equity analysis if the recipient has constructed a facility, such as a vehicle storage facility, maintenance facility, operation center, etc.  A copy of board meeting minutes, resolution, or other appropriate documentation showing the board of directors or appropriate governing entity or official(s) responsible for policy decisions reviewed and approved the Title VI Program. For State DOT’s, the appropriate governing entity is the State’s Secretary of Transportation or equivalent. The approval must occur prior to submission to FTA.  Additional information as specified in chapters IV, V, and VI, depending on whether the recipient is a transit provider, a State, or a planning entity (see Chapter VI – Requirements of MPOs below). REQUIREMENTS OF TRANSIT PROVIDERS (CHAPTER IV) CHECKLIST - JEFFTRAN All Fixed Route Transit Providers must submit:  All requirements set out in Chapter III (General Requirements)  Service standards o Vehicle load for each mode o Vehicle headway for each mode o On time performance for each mode o Service availability for each mode  Service Policies o Transit Amenities for each mode o Vehicle Assignment for each mode REQUIREMENTS OF MPOS (CHAPTER VI) CHECKLIST - CAMPO  All requirements set out in Chapter III (General Requirements)  [Not Applicable] The requirements set out in Chapter IV (Transit Provider) if the MPO is a provider of fixed route public transportation.  Demographic profile of the metropolitan area.  A description of the procedures by which the mobility needs of minority populations are identified and considered within the planning process.  Demographic maps that show the impacts of the distribution of State and Federal funds in the aggregate for public transportation projects.  Analysis of the MPO’s transportation system investments that identifies and addresses any disparate impacts.  [Not Applicable] Description of the procedures the agency uses to ensure nondiscriminatory pass-through of FTA financial assistance (if requested).  [Not Applicable] Description of the procedures the agency uses to provide assistance to potential subrecipients in a nondiscriminatory manner (if requested).  Title VI Compliance Report Submission Process. DRAFT City of Jefferson Title VI Program 2023 – Title VI Assurances 2 TITLE VI ASSURANCES In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 200d et seq., and with U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act,” 49 CFR part 21, the City of Jefferson agrees to comply with all provisions prohibiting discrimination on the basis of race, color, or national origin. The City of Jefferson assures that no person shall, as provided by Federal and State civil rights laws, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity. The City of Jefferson further ensures every effort will be made to ensure non- discrimination in all programs and activities, whether those programs and activities are federally funded or not. The City of Jefferson meets the objectives of the FTA Master Agreement which governs all entities applying for FTA funding, including the City of Jefferson and its third-party contractors by promoting actions that: A. Ensure that the level and quality of transportation service is provided without regard to race, color, or national origin. B. Identify and address, as appropriate, disproportionally high and adverse effects of programs and activities on minority populations and low-income populations. C. Promote the full and fair participation of all affected Title VI populations in transportation decision making. D. Prevent the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations. E. Ensure meaningful access to programs and activities by persons with Limited English Proficiency (LEP). DRAFT City of Jefferson Title VI Program 2023 – Title VI Notice to the Public 3 TITLE VI NOTICE TO THE PUBLIC The notice to the public is posted at the locations list below. • CAMPO main webpage at www.jeffersoncitymo.gov/CAMPO • JEFFTRAN main webpage at https://www.jeffersoncitymo.gov/government/transit/index.php • All Transit Vehicles • Key Transit Stops (as staff availability allows) • City of Jefferson, Missouri: City Hall Bulletin Board, Main Level John G. Christy Municipal Building-City Hall 320 E. McCarty Street Jefferson City, Missouri 65101 • JEFFTRAN Administrative Office: Customer Service Window Charles G. Robinson Transit Facility 820 E. Miller Street Jefferson City, Missouri 65101 • At all public meetings A sample notice is provided in Figure 1. DRAFT City of Jefferson Title VI Program 2023 – Title VI Notice to the Public 4 FIGURE 1 – TITLE VI PUBLIC NOTICE DRAFT City of Jefferson 320 E. McC a rty St., J e ffers on C ity, MO 6 51 0 1 Pho n e : 5 7 3 .63 4.6 410 Fax: 57 3.6 34 .645 7 Title VI Notice-Titulo VI Aviso MARCH 20, 2023 Notifying the Public of Rights Under Title VI CITY OF JEFFERSON , MISSOURI The City of Jefferson is committed to ensuring that no person is excluded from participation in , or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964 . Any person who believes he or she has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the City of Jefferson, Missouri. For more information on the civil rights program and the procedures to file a complaint vi sit: • JEFFTRAN http://www.je ffersoncitymo.gov/government/transit/title v i.php • CAMPO h ttps://www.jeffersoncitymo.gov/government/long range t ransportation plan/plans and publications.php • or contact the Title VI Coordinator by calling (573) 634-6410 A complainant may file a complaint directly with the Federal Transit Administ ration by cont acting: Federal Transit Administration, Office of Civil Rights, Attention: Title VI Program Coordinator; East Building, 5th Floor-TCR; 1200 New Jersey Ave., SE; Was hington DC 20590. Notificaci6n al Publico de los Dere chos Bajo el Titulo VI CIUDAD DE JEFFERSON, MISSOURI Ciudad de Jefferson se compromete a garantizar q ue ningu na persona sea ex cluida d e partici pa r en, o negado los beneficios de sus servicios de transporte sobre Ia base de raza, color u origen nacional, tal como est:i pro tegida por el Titulo VI del Acta de Derechos Civiles de 1964. Cualquier persona que crea que ha sido perjudicada po r una practica discriminatoria ilegal bajo el Titulo VI puede presentar una queja ante Ia Ciudad de Jefferson, Missou r i. Para mas info rmacion sobre el programa de derechos civiles y los pro cedimientos para presentar una vis ita: • JEFFTRAN http://www.je ffersoncit ymo.gov/governme nt/transi t /titl e v i.php • CAMPO https ://www.je ff e rsonci t ymo.gov/govern ment/lon g ra nge tra ns port ation p lan/pl a ns a nd p u blications.php • queja o p6ngase en contacto con el Titulo Coordinador VI llamando al (573) 634-6410. El demandante puede presentar u na queja di rectamente c o n Ia Adm inistraci 6n Federal de Transporte po ni em d o se en co ntacto co n : Administraci6n Federal de Transito , Oficina de Derechos Ci viles , Ate nc i6 n: C oordinado r del Programa Titulo VI ; Edificio Este , sa Pla nta -TCR ; 1200 New Je rsey Ave. , SE ; Washingto n DC 20590. Ind iv idua ls sh ould contact the ADA Coordinator at (573) 634-6570 to r equ est accomm odations or alternative fo rm ats as required unde r the Americans with Disabilities Act. Please allow three busine ss days t o process the re quest. City of Jefferson Title VI Program 2023 – Title VI Complaint Procedures & Complaint Form 5 TITLE VI COMPLAINT PROCEDURES & COMPLAINT FORM Instructions to the public regarding filing a Title VI discrimination claim (Figure 2) and an example of the complaint form (Figure 3) are included in the following pages. Hard copies of the publication “Title VI Complaint Procedures and Complaint Form” are available at the following locations: • City of Jefferson, Missouri: In the “forms” array on the lower level of City Hall 320 E. McCarty Street Jefferson City, Missouri 65101 • JEFFTRAN Administrative Office: Customer Service Window Charles G. Robinson Transit Facility 820 E. Miller Street Jefferson City, MO 65101 • CAMPO Public Meetings • Electronically via the Transit webpage and the following link: http://www.jeffersoncitymo.gov/government/transit/title_vi.php • Electronically via the CAMPO webpage and the following link: www.jeffersoncitymo.gov/CAMPO DRAFT City of Jefferson Title VI Program 2023 – Title VI Complaint Procedures & Complaint Form 6 FIGURE 2 - TITLE VI COMPLAINT PROCEDURES DRAFT City of Jefferson 320 E. McCarty St., Jefferson City , MO 65101 Phone 573 634.6410 Fax 573 .634.6457 Title VI Complaint Procedure MARCH 20, 2023 Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs receiving federal financial assistance. GENERAL Any person who believes that he or she, individual , or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, or national origin as noted below may file a written complaint with the Title VI Program Coordinator. Title VI Program Coordinator c/o City Administrator, City of Jefferson, Missouri 320 E. McCarty Street Jefferson City, Missouri 65101 Complainants have the right to complain directly to the appropriate federal agency. Every effort will be made to obtain early resolution of complaints. The option of informal meeting(s) between the affected parties and the Title VI Program Coordinator may be utilized for resolutions. The Title VI Program Coordinator will notifY JEFFFTRAN and/or CAMPO staff of all Title VI related complaints as well as resolutions. Procedure for Filing Complaints 1. The complaint must meet the following requirements: a. Complaint shall be in writing and signed by the complainant(s). In cases where Complainant is unable or incapable of providing a written statement, a verbal complaint may be made. The Title VI Program Officer will interview the Complainant and assist the person in converting verbal complaints in writing. All complaints must, however, be signed by the Complainant or hi s/her representative. b. Include the date of the alleged act of discrimination date when the Complainants became aware of the alleged act of discrimination; or the date on which that conduct was discontinued or the latest instance of conduct. c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint. d. Federal and state law requires complaints be filed within 180 calendar days of the alleged incident. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Page 1 of 2 City of Jefferson Title VI Program 2023 – Title VI Complaint Procedures & Complaint Form 7 DRAFT 2. Upon receipt of the complaint, the Title VI Program Coordinator will determine its jurisdiction, acceptability, need for additional information, and investigate the complaint, if accepted. 3. The Complainant will be provided with a written acknowledgement that the City of Jefferson has either accepted or rejected the complaint. 4. A complaint must meet the following criteria for acceptance: a. The Complaint must be filed within 180 days of the alleged occurrence. b. The allegation must involve a covered bas is such as race, color, or national origin. c. The allegation must involve a JEFFTRAN or CAMPO service, the City of Jefferson as a federal- aid recipient; or its sub-recipient or contractor. 5. A complaint may be dismissed for the following reasons: a. The Complainant requests the withdrawal of the complaint. b. The Complainant fails to respond to repeated requests for additional information needed to process the complaint. c. The Complainant cannot b e located after reasonable attempts. 6. Once the Title VI Program Coordinator decides to accept the complaint for investigation, the Complainant will be notified in writing of such determination. The complaint will receive a case number and will then be logged in a database identifying: Complainant's name, bas is, alleged harm, race, color, and national origin of the Complainant. 7. In cases where the Title VI Program Coordinator assumes the inves tigation ofthe complaint, within 90 calendar days of the acceptance of the complaint the Title VI Program Coordinator will prepare an investigative report. The report shall include a narrativ e description of the incident, identification of persons interviewed, findings and recommendations for dispos ition. 8. The investigative report and its findings will b e reviewed with City of Jefferson officials and in some cases the investigative report and findings will be reviewed by the City of J efferson's Legal Counsel. 9. The Title VI Program Coordinator will make a determination on the disposition of the complaint. Dispositions will be stated as follows: a. In the event the City of Jefferson is in noncompliance with the Title VI regulations remedial actions will be listed. 10. Notice of the Title VI Program Coordinator's determination will be mailed to the Complainant. Notice shall include information regarding appeal rights of Complainant and instructions for initiating such an appeal. N otice of appeals are as follows: a. The Title VI Program Coordinator will reconsider the determination, if new facts, come to light. b. lf Complainant is dissatisfied with the determination and/or resolution set forth by the Title VI Program Coordinator, the same complaint may be submitted to the FTA for investigation. Complainant is advised to contact theFT A Office of Civil Rights, Attention: Title VI Program Coordinator; East Building, 5th Floor-TCR; 1200 New Jersey Ave., SE; Washington DC 20590. 11. A copy of the complaint and the Title VI Program Coordinator's investigation report/letter of finding and Final Remedial Action Plan, if appropriate, will be issued toFT A within 120 days of the receipt of the complaint. 12. A summary of the complaint and its resolution will be included as part of the Title VI updat es to the FTA. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternativ e formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Page 2 of 2 City of Jefferson Title VI Program 2023 – Title VI Complaint Procedures & Complaint Form 8 FIGURE 3 – TITLE VI COMPLAINT FORM DRAFT City of Jefferson TITLE VI/ ADA COMPLAINT FORM "No person in the United States shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." If you feel that you have been discriminated against in the provision of transportation services, please provide the following information to assist us in processing your complaint. Should you require an y assistance in completing this form or need information in alternate formats, please let us know. 1. 2. 3. 4 . 5. 6. 7. Please mail, email, or return this form to: Complainant's Name: a. Address : b. City: c. Telephone (include area code): d . Electronic mail (e-mail) address: City Administrator City of Jefferson 320 East McCarty Jefferson City, Missouri 65101 SCrowell@jeffer sonci t ymo.gov PLEASE PRINT State: ( ) Do you prefer to be contacted by this e-mail address? ( ) YES ( Accessible Format of Form Needed? ( ) YES specify: Zip Code: )NO ( )NO Are you filing this complaint on your own behalf? ( ) YES If YES, please go to question 7. ( ) NO If no, please go to question 4 If you answered NO to question 3 above, please provide your name and address. a. Name of Person Filing Complaint: b. Address: c. City: State: Zipcode : d . Telephone (include area code): ( ) e. Electronic mail (e-mail) address: Do you prefer to be contacted by this e-mail address? ( ) YES ( )NO What is your relationship to the person for whom you are filing the complaint? Pl ease confirm that you have obtained the permiss ion of the aggrieved party if you are filing on behalf of a third party. ( ) YES, I have permission. ( ) NO, I do not have permission. I believe that the discrimination I experienced was based on (check all that apply): ( ) Race ( ) Color ( ) National Origin (classes protected by Title VI) ( ) Disability (cla ss protected by ADA) ( ) Other (please specify) Contmued on Page 2 Individuals should contact the A D A Coordinator at (573) 63 4-6570 to request accommodations or alternative forma ts as required under the A m ericans with Disabilit ies Act. Please allow three business days to process t he request . Page 1 of2 City of Jefferson Title VI Program 2023 – Title VI Complaint Procedures & Complaint Form 9 DRAFT TITLE VI COMPLAINT FORM-PAGE 2 8. Date of Alleged Discrimination (Month, Day, Year): 9. Where did the Alleged Discrimination take place? 10. Explain as clearly as possible what happened and why you believe that you were discriminated against. Describe all of the persons that were involved. Include the name and contact information of the person(s) who discriminated a gainst you (i f known). Use the back of this form or separate pages if additional space is required. 11. Please list any and all witnesses' names and phone numbers/contact information. Use the back of this form or separate pages if additional space is required. 12. What type of corrective action would you like to see taken? 13. Have you filed a complaint with any other Federal, State, or local agency, or with any Federal or State court? ( ) YES If yes, check all that apply. ( )NO a. ( ) Federal Agency (List agency's name) b. ( ) Federal Court (Please provide location) c. ( ) State Court d. ( ) State Agency (Specify Agency) e. ( ) County Court (Specify Court and County) f. ( ) Local Agency (Spec ify Agency) 14. If YES to question 14 above, please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Telephone: ( ) - Address: City: State: Zip Code: You may attach any wntten matenals or other mformat1on that you thmk 1s relevant to your complamt. Signature and date is required: Signature Date If you completed Questions 4, 5 and 6, your signature and date is required: Signature Date Individuals should contact the ADA Coordinator at (573) 63 4-6570 to request accommodat ions or alte rnative formats as requ ired under t he A m ericans with Disabilit ies Act. Please allow three business days to process the request . Page 2 of2 City of Jefferson Title VI Program 2023 – List of transit-related Title VI investigations, complaints, and lawsuits 10 LIST OF TRANSIT-RELATED TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS All Title VI complaints will be entered and tracked in City of Jefferson’s complaint log, Figure 4. Active investigations will be monitored for timely response on the part of all parties. The agency’s Title VI Coordinator shall maintain the log. During the reporting period (May 1 2019 – March 1 2023), the City of Jefferson had 0 Title VI Complaints. FIGURE 4 - TRANSIT-RELATED TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS Date complaint filed Complainant Basis of complaint R-C-NO Summary of allegation Pending status of complaint Actions taken Closure Letter (CL) Letter of Finding (LOF) Date of CL or LOF TITLE VI COMPLIANCE REPORT SUBMISSION PROCESS On an annual basis, JEFFTRAN and CAMPO staff complete and submit separate Title VI Surveys/Questionnaires to MoDOT. The survey/questionnaire includes questions about complaints, employee trainings, planning activities, actions taken to promote Title VI compliance, contracts awarded, public involvement activities, and related Title VI public interactions. DOCUMENTING EVIDENCE OF AGENCY STAFF TITLE VI TRAINING JEFFTRAN and CAMPO staff are given Title VI training, and the City of Jefferson can answer affirmatively to all the following questions: 1.Are new employees made aware of Title VI responsibilities pertaining to their specific duties? 2.Do new employees receive this information via employee orientation? 3.Is Title VI information provided to all employees and program applicants? 4.Is Title VI information prominently displayed in the agency and on any program materials distributed, as necessary? DRAFT City of Jefferson Title VI Program 2023 – Agency Information 11 AGENCY INFORMATION The City of Jefferson administers funding and operation of JEFFTRAN, the City’s transit agency, and the Capital Area Metropolitan Planning Organization (CAMPO). Both JEFFTRAN and CAMPO are partially funded by the Federal Transit Administration (FTA). CAMPO is a sub-recipient via MoDOT of FTA funding. JEFFTRAN is a direct recipient of FTA funding. GENERAL PROGRAM RESPONSIBILITIES 1. Data Collection. Statistical data on race, color, national origin, income level, language spoken, and sex of participants in, and beneficiaries of federally funded programs will be gathered for use in planning and program analysis. Upon request by the Title VI Coordinator, CAMPO staff will prepare reports from data available from the Census Bureau and other readily available sources. CAMPO will assist JEFFTRAN with preparation of surveys and other data collection tools needed to prepare plans and reports. 2. Annual Report and Update. An Annual Report and Update is to be submitted to the MoDOT Office of Civil Rights and the FTA in April of each year. The Title VI Coordinator is responsible for gathering information from appropriate staff members and consolidating this information into the final document. The final document is to include: a. A report on the previous year’s Title VI-related activities and efforts, including accomplishments and program changes; b. An update on Title VI-related goals and objectives for the upcoming year. 3. Annual Review of the Title VI Program. Each year, in preparing for the Annual Report and update, the Title VI Coordinator will review the Title VI program to assure compliance. In addition, they will review agency operational guidelines and publications, including those for contractors, to ensure that the Title VI language and provisions are incorporated, as appropriate. 4. Dissemination of Information Related to the Title VI Program. Information on the City of Jefferson’s Title VI Program is to be disseminated to JEFFTRAN employees, contractors, and beneficiaries, as well as to the public, and in other languages when needed. 5. Resolution of Complaints. Any individual may exercise their right to file a complaint with JEFFTRAN, CAMPO, or the City of Jefferson, Missouri, if that person believes that they or any other program beneficiaries have been subjected to unequal treatment or discrimination, in their receipt of benefits/services or on the grounds of race, color, or national origin. The City of Jefferson will make a concerted effort to resolve complaints as put forth in the Title VI Complaint procedure, as shown in Appendix B. RESPONSIBILITIES OF THE TITLE VI COORDINATOR The City Administrator has been designated as the Title VI Coordinator for the City of Jefferson. The City Administrator reports directly to the City Council of the City of Jefferson, Missouri. The City Administrator may delegate responsibilities to department directors or other management staff needed. The Title VI Program Coordinator is responsible for coordinating staff activities pertaining to Title VI regulations and procedures set forth in federal guidance and in accordance with the City’s Title VI Procedures Manual. In support of this the Title VI Coordinator will: • Identify, investigate, and work to eliminate discrimination when found to exist. • Process Title VI complaints received. • Meet with appropriate staff members to monitor and discuss progress, implementation, and compliance issues related to the Title VI program. • Periodically review the Title VI program to assess if administrative procedures are effective, staffing is appropriate, and adequate resources are available to ensure compliance. • If a federal funding recipient is found to not be in compliance with Title VI, work with affected staff and the recipient to resolve the deficiency status and write a remedial action if necessary. DRAFT City of Jefferson Title VI Program 2023 – Agency Information 12 •Review important Title VI-related issues, as needed, with the City Administrator, Mayor, and City Council. •Assess communications and public involvement strategies to ensure adequate participation of impacted Title VI protected groups and address additional language needs when needed. RESPONSIBILITIES OF OTHER STAFF MEMBERS At times other staff members will be asked to accept or share responsibility for day-to-day administration of the Title VI program, including implementation of the plan and Title VI compliance, program monitoring, reporting, and education within an applicable program area, as described in the “Program Area Responsibilities” section of this document. In addition, some staff members may be asked to accept responsibility for drafting text for an assigned section of the Annual Title VI Report and Update, and maintaining the data and documentation necessary for that report. These responsibilities may include reviewing guidelines and procedures for the assigned Title VI Program Area, and incorporating Title VI-related language and provisions into agency documents, as appropriate. Staff responsible for CAMPO and JEFFTRAN’s public involvement is responsible for compliance with Title VI requirements in all aspects of the public involvement process. These staff members will: •Ensure that all communications and public involvement efforts comply with Title VI. •Develop and distribute information on Title VI, CAMPO, and JEFFTRAN programs to the general public. •Provide information in languages other than English, as needed. •Disseminate information to media, post on social media, and disseminate information to minority/ethnic/gender related organizations in order to ensure social, economic, and ethnic interest groups are represented in the planning process. The following two sections provide an overview of each agency. JEFFTRAN OVERVIEW JEFFTRAN (also known as the Transit Division) is a direct operator of fixed route and demand response public transportation service in Jefferson City, Missouri, and is a direct recipient of Federal Transit Administration funds and does not have any sub-recipients. JEFFTRAN currently has twelve fixed route buses and ten paratransit buses. Nine buses operate in peak service on the fixed routes and eight do so for paratransit bus service. JEFFTRAN is organized as a division in the Department of Public Works within the City of Jefferson, a municipal corporation. JEFFTRAN’s Director reports to the Director of Public Works. The Director of Public Works reports to the City Administrator, who in turn, reports to the Mayor and City Council of the City of Jefferson, Missouri. DRAFT City of Jefferson Title VI Program 2023 – Agency Information 13 FIGURE 5 – JEFFTRAN ROUTES FIGURE 5 - MEMBERSHIP OF JEFFTRAN RELATED COMMITTEES AND COUNCILS BY RACE Committee African American Asian American Caucasian Latino Total Public Transit Advisory Committee 1 0 6 0 7 Public Works & Planning Committee 0 0 5 0 5 City Council and Mayor 11 11 DRAFT City of Jefferson Title VI Program 2023 – Agency Information 14 JEFFTRAN SERVICE STANDARDS VEHICLE LOAD STANDARDS The average of all loads during the peak operating period should not exceed vehicles’ achievable capacities, which are 30 passengers for a 25-foot mini-bus, 48 passengers for low-floor 29-foot buses and 55 passengers for low- floor 35-foot buses. VEHICLE HEADWAY STANDARDS Service operates on regular route schedule on weekdays with 40 minute or better service intervals which should begin no later than 6:40 a.m. and continue until 6:00 p.m. Scheduling involves the consideration of a number of factors including: ridership productivity, transit/pedestrian friendly streets, density of transit-dependent population and activities, land use connectivity, and transportation demand management. ON-TIME PERFORMANCE STANDARDS On average, ninety (90) percent of the JEFFTRAN’s transit vehicles will complete their established runs no more than 5 minutes early or 10 minutes late in comparison to the established schedule/published timetables. SERVICE AVAILABILITY STANDARDS JEFFTRAN distributes transit service so that 81.5% of all residents in the service area are within a ¼ mile of the bus route. SERVICE POLICIES VEHICLE ASSIGNMENT POLICY All fixed route vehicles are low-floor, ramp equipped, with air conditioning. Buses feature AVL and AVA services with an average age of 11 years. Bus assignments take into account the operating characteristics of buses of various lengths, which are matched to the operating characteristics of the route. Local routes with lower ridership may be assigned 29-foot buses rather than the 35-foot buses. Some routes requiring tight turns on narrow streets are operated with 29-foot rather than 35-foot buses. Transportation vehicles assigned to routes will not be determined on the basis of race, color or national origin. TRANSIT AMENITIES POLICY Installation of transit amenities along bus routes are based on the number of passenger boardings/alightings at stops along those routes. DRAFT City of Jefferson Title VI Program 2023 – Agency Information 15 CAMPO OVERVIEW The Capital Area Metropolitan Planning Organizations (CAMPO) is the designated metropolitan planning organization for the Jefferson City, Missouri Urbanized Area whose purpose is to carry out a continuing, cooperative, and comprehensive long-range transportation planning process. CAMPO, formally established in March of 2003, has an estimated population of 74,000, according to the 2020 US Decennial Census. The CAMPO planning area includes the jurisdictions of Holts Summit, Jefferson City, St. Martins, Taos, Wardsville, and portions of unincorporated, non-urbanized Cole and Callaway Counties. The CAMPO boundary, based on US Census data, was created by the CAMPO Board of Directors and approved by the Governor. The most recent boundary was approved in 2013. Figure 1 provides a map of the CAMPO Planning Area. Figure 6 - CAMPO Planning Area DRAFT City of Jefferson Title VI Program 2023 – Agency Information 16 The core functions of CAMPO include the following: • To establish and manage a fair and impartial setting for effective regional decision making in the metropolitan planning area. • Evaluate transportation alternatives, scaled to the size and complexity of the region, to the nature of its transportation issues, and to the realistically available options. • Develop and update a Metropolitan Transportation Plan for the planning area covering a planning horizon of at least 20 years that fosters (1) mobility and access for people and goods, (2) efficient system performance and preservation, and (3) quality of life. • Develop a Transportation Improvement Program based on the Metropolitan Transportation Plan and designed to serve the area’s goals, using spending, regulating, operating, management, and financial tools. • Involve the general public and all the significantly affected sub-groups in the four essential functions listed above. CAMPO is comprised of a Board of Directors and a Technical Committee consisting of representatives from jurisdictions within the planning area, Federal and State transportation agencies, and economic development representatives. A full list of current members of the Board of Directors and Technical Committee can be found in Appendix C document. A memorandum of understanding between members identifies the City of Jefferson as the administrator of CAMPO, and as such, provides staffing for CAMPO. The City of Jefferson provides staff consisting of two full time transportation planners, who are housed within the Planning Division within the Department of Planning and Protective Services. The Director of Planning and Protective Services stands as the CAMPO Administrator. CAMPO BOARD OF DIRECTORS MEMBERSHIP CAMPO is governed by a Board of Directors and Technical Committee consisting of representatives from jurisdictions within the planning area, Federal and State transportation agencies, and economic development representatives, with some serving as ex-officio (non-voting) members. Membership is not selected by CAMPO staff. Local jurisdictions and participating agencies make their own selections for representation. CAMPO membership has previously included minority members, but as of February 2020 there are no self-identified minority representatives on either body. CAMPO actively encourages the participation of minorities on such committees, but has no control over a jurisdiction’s selection of representation. The Board of Directors is responsible for providing official action on federally required plans, documents, and programs. The Board is also responsible for changes in the bylaws and changes to the MPO boundary. The Technical Committee consists of representatives from a member jurisdiction’s professional staff and acts in an advisory capacity. There are 17 voting members of the CAMPO Technical Committee. DRAFT City of Jefferson Title VI Program 2023 – Agency Information 17 The CAMPO Board of Directors is responsible for appointing two voting members to the Technical Committee; one is the private/freight transportation interest representative and the other a pedestrian or biking interest representative. FIGURE 8 - MEMBERSHIP OF CAMPO COMMITTEE/BOARD BY RACE Committee Caucasian Latino African American Asian American Total CAMPO Technical Committee 17 0 0 0 17 CAMPO Board of Directors 13 0 0 0 13 DRAFT City of Jefferson Title VI Program 2023 – Agency Information 18 DEMOGRAPHIC PROFILE OF THE METROPOLITAN PLANNING AREA Table 1 shows the populations for municipalities and unincorporated areas within the CAMPO planning area and Adjusted Urbanized Area (2013). It should be noted that following the 2020 US Decennial Census, new “Urban Area” criteria was approved in March 2022. Urban Area geographies and calculations are scheduled to be available in May 2023. A NOTE ON U.S. CENSUS DATA. While Figure 9 and Figure 10 were derived from 2020 U.S. Decennial Census data, which is the most accurate data based on jurisdiction, the following maps use data from the 2020 Decennial Census and the 2016-2020 5- Year American Community Survey (ACS). ACS 1-, 3-, and 5-year estimates are period estimates, meaning they represent the characteristics of the population and housing over a specific data collection period. Data sets are combined to produce 12 months, 36 months or 60 months of data (referred to as 1-year, 3-year and 5-year data.) The population of a city or county determines whether the ACS will collect data for a 1-, 3-, or 5-year estimate. Most of the CAMPO region falls into the 5-year estimate category. Figure 9 - CAMPO Population by Jurisdiction Metropolitan Planning Area Population Adjusted Urban Area Population* Persons Percent Persons Percent Unincorporated Callaway County 3,153 4.26% 1,051 1.73% Unincorporated Cole County 19,234 25.99% 10,911 17.93% Holts Summit 4,458 6.02% 4,458 7.32% Jefferson City 43,228 58.41% 43,228 71.03% St. Martins 1,191 1.61% 1,191 1.96% Taos 1,150 1.55% 0 0% Wardsville 1,599 2.16% 0 0% Totals 74,013 100% 60,861 100% Source: U.S. Census Bureau - 2020 Decennial Census * The Adjusted Urban Area, otherwise known as the Adjusted Census Urban Boundary (ACUB) is an area that determines the official urban designation for a road. The ACUB is subject to Federal Highway Administration (FHWA) approval. The CAMPO ACUB was approved in 2013. Following the 2020 US Decennial Census, new “Urban Area” criteria was approved in March 2022. Urban Area geographies and calculations are scheduled to be available in May 2023. Figure 10 – CAMPO Racial/Hispanic Makeup by Jurisdiction Total One Race Two or More Races Hispanic White Black or African American American Indian and Alaska Native Asian Native Hawaiian and Other Pacific Islander Some Other Callaway Co. 44,283 38,771 1,974 157 226 30 403 2,722 965 Cole Co. 77,279 62,241 8,123 257 975 70 1,013 4,600 2,661 Holts Summit 4,458 3,816 214 12 25 10 63 318 162 Jefferson City 43,228 32,130 6,841 131 786 43 566 2,731 1,554 St. Martins 1,191 1,088 25 3 7 3 8 57 27 Taos 1,150 1,084 3 1 2 0 2 58 35 Wardsville 1,599 1,503 15 2 4 1 6 68 20 CAMPO MPA* 74,013 58,663 8,339 258 1,006 67 1,048 4,629 2,741 Source: U.S. Census Bureau - 2020 Decennial Census * The CAMPO MPA population was calculated using block level redistricting data. DRAFT City of Jefferson Title VI Program 2023 – Agency Information 19 MINORITY POPULATIONS For purposes of Title VI and Environmental Justice, who is considered to be a “Minority”? The updated DOT and FHWA environmental justice orders define five minority groups as follows: • Black (a person having origins in any of the black racial groups of Africa); • Hispanic or Latino (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); • Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent); • American Indian and Alaskan Native (a person having origins in any of the original people of North America, South America, including Central America, and who maintains cultural identification through tribal affiliation or community recognition); and • Native Hawaiian or Other Pacific Islander (people having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands). Figure 11 shows the distribution of minority population within the CAMPO planning area. The core of Jefferson City has the highest density of minorities. Figure 11 – Percent of Minority Populations by Census Block Group DRAFT City of Jefferson Title VI Program 2023 – Agency Information 20 LOW-INCOME (POVERTY) POPULATIONS Low-income or poverty is determined by the federal poverty guidelines and are represented by individuals living below 185% of the poverty line, which are generated annually based on family size and composition. Figure 12 depicts the percent of low-income populations within the CAMPO planning area. The inner core of Jefferson City has block groups with higher percentages, 21% to 31%, of persons living below the poverty line than in the outlying area. Figure 12 - Percent of Low-Income (Poverty) Populations by Census Tract DRAFT City of Jefferson Title VI Program 2023 – Agency Information 21 ELDERLY POPULATIONS Figure 13 shows the distribution of the elderly population within the CAMPO planning area. The Jefferson City inner core has significantly fewer elderly individuals than in the surrounding area. The western portion of the planning area and much of the surrounding rural area has higher percentages of elderly individuals. Figure 13 – Percent of Elderly (65 Years and Older) Population by Census Block Group DRAFT City of Jefferson Title VI Program 2023 – Agency Information 22 IDENTIFICATIONS OF MOBILITY NEEDS OF MINORITY POPULATIONS CAMPO strives to include all people, including protected classes, in planning activities. During the development of all planning documents, CAMPO seeks out and considers the needs of those traditionally underserved, including minority households. Racial and Hispanic/Latino minorities make up approximately 9.9% of the CAMPO population, with the majority located in the core of the Jefferson City in close proximity to City Hall, where the majority of the CAMPO public meetings and events are held. CAMPO maintains a list of interested parties, which includes minority representatives, who are included in outreach and engagement activities. Meetings are also held at a times and places served by public transportation. The Board of Directors includes many elected officials which represent minority constituents. Currently, CAMPO has no minority representation on the Board of Directors or Technical Committee. Board and Committee members are chosen by their respective jurisdictions. DISPARATE IMPACT ANALYSIS Most federally funded transportation projects occur in the core area of the CAMPO region. Projects may not have well defined locations and may extend into and out of the MPO boundary. Specifically, projects along US highways 50, 54, and 63 do include large scale improvement or maintenance projects that extend across a county. Based on the maps in the previous section, there is an obvious correlation between the location of the majority of protected classes located in MPO and majority of transportation system investment being spent. It can concluded that there are no disparate impacts as a result of MPO decisions in transportation investments. CAMPO only has decision making authority on the annual allocation of approximately $180,000 in Consolidated Planning Grant funds (CPG). This allocation was increased in FY 2022 from the previous annual allocation and $163,000. These funds can only be used for planning activities, not capital projects. Annually, approximately 96% of CPG funds are spent on salaries and minor administrative direct costs. How funds are spent is determined by the CAMPO Board of Directors, and ultimately approved by FHWA, FTA, and MoDOT via the annual Unified Planning Work Program. Unspent CPG funds are allowed to roll-over build up allowing for their use on larger consultant led planning projects or documents. Between 2019 and 2022 two such projects were undertaken using CPG funds : • JEFFTRAN Transit Facility Feasibility Study - $50,000 • Capital Area Active Transportation Plan - $130,000 The JEFFTRAN project was focused on the inner core of Jefferson City and CAMPO, with direct implications for the protected classes. The Capital Area Active Transportation Plan is a region-wide plan with a broad focus on access, safety, and mobility for all users. Previous funding sources, such as sub-allocated Small Urban Surface Transportation Block Grant Program (STBG) funds were historically used for capital projects. As of July 1, 2016, the Missouri Highway and Transportation Commission ceased providing these funds to MPOs with populations under 200,000. However, unobligated balances were spent down through FY 2019. This information was documented in the previous iteration of the CAMPO Title VI Program in 2020. DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 23 JEFFTRAN PUBLIC PARTICIPATION PLAN JEFFTRAN and the City of Jefferson follow a public involvement process that addresses the following issues: participation, access to meetings, access to information, notice of hearings, public hearings, public comments. It is the intent of the City Council of the City of Jefferson, Missouri, to encourage the receipt of public comments as part of the decision-making process. This plan recognizes that as the elected governing body of City of Jefferson, the City Council has the ultimate responsibility and authority for adoption and implementation of policies affecting JEFFTRAN. GOAL The goal of the Public Engagement Plan is to have significant and ongoing public involvement, by all identified audiences, in the public participation process for major agency outreach efforts. Objectives • To understand the service area demographics and determine what non-English languages and other cultural barriers exist to public participation. • To provide general notification of meetings and forums for public input, in a manner that is understandable to all populations in the area. • To hold public meetings in locations that are accessible to all area stakeholders, including but not limited to minority and low-income members of the community. • To provide methods for two-way communication and information and input from populations which are less likely to attend meetings. • To convey the information in various formats to reach all key stakeholder groups. IDENTIFICATION OF STAKEHOLDERS Stakeholders are those who are either directly or indirectly affected by an outreach effort, system or service plan, or recommendations of that plan. Stakeholders include but are not limited to the following: • Jefferson City Residents/Citizens • Minority and low-income populations • Persons with Limited English Proficiency • Elderly, disabled, and persons with limited mobility • Residents of public and assisted housing developments • Agencies serving persons with transportation needs • Community organizations with an interest in public transportation • Major Employers and Businesses whose customers ride JEFFTRAN • Local government stakeholders • Public Transit Advisory Committee DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 24 • Public Works and Planning Committee • Jefferson City Council • JEFFTRAN riders and clients • Partner agencies All citizens, including stakeholders named above, are encouraged to participate. Meetings are open to the public and are scheduled at times and locations convenient to transit riders with accommodations for persons with disabilities and assistance for persons with Limited English Proficiency available as needed. • Bi-monthly Transit Advisory Committee meetings hosted by JEFFTRAN staff. All transit patrons and others interested in transit are invited to attend. Meetings dates/time are posted on the Transit website and Facebook page. • Annual Program of Projects (part of the Transportation Improvement Program or TIP) published through the Capital Area Metropolitan Planning Organization (CAMPO). Transit patrons may also remain engaged and informed in the following ways: • Automatic Vehicle Location Application: Since 2013, an application has been available so that patrons may track the locations of their buses via cell phone. • Press Releases: Press releases are sent to local news media when coverage of specific events or decisions is warranted. • Opportunities for public comment: The City of Jefferson routinely offers several ways for people to comment on activities, programs and decisions made. Comments are accepted via an online comment form, by phone, fax, email and in person at City Council meetings or at Transit Advisory Committee meetings. • Formal public comment periods/hearings: Formal public comment periods are used to solicit comments on major service reductions and fare increases. • Staff: Staff is accessible in person, or phone, email, mail, fax, or by online comment forms. Contact information is provided on the JEFFTRAN webpage and Facebook page. • Website: The City’s homepage and JEFFTRAN websites includes “Announcements” that are updated regularly. The JEFFTRAN webpage includes information on programs, publications, press releases, contact information for staff, a search function, Plans, including the Title VI Plan and complaint procedures. • Social Media: JEFFTRAN has a presence on both Facebook, and actively posts information which is relevant to transit and transit patrons. TARGETED PUBLIC PARTICIPATION PLAN FOR MINORITY, LOW-INCOME AND LEP POPULATIONS Minority, low-income and LEP persons are made aware of JEFFTRAN activities and events that have an impact on JEFFTRAN services through notification of agencies serving these persons, and by making announcements available in a variety of formats, including print, broadcast media, social media and internet announcements. Activities and meetings are held in accessible buildings located on JEFFTRAN bus routes. Times of open houses or meetings are scheduled to span late afternoon and early evening hours. Comments are also taken by mail, email, fax, telephone, and in person. JEFFTRAN seeks input from community leaders and organizations. To facilitate involvement of traditionally underserved populations, community leaders and organizations that represent these groups are consulted about how to most effectively reach their members. Relationships with these groups are maintained for future partnerships in the planning process. Provide services for the disabled: Upon advance notice, deaf interpreters, translators and Braille documents can be provided for public meetings. Notifications of opportunities for public involvement will include contact DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 25 information for people needed these or other special accommodations. Requests must be made at least three (3) business days in advance. Sensitivity to diverse audiences: At public meetings, staff will endeavor to communicate effectively, and avoid technical jargon. Staff will dress and conduct themselves appropriately. JEFFTRAN PUBLIC COMMENT PROCEDURES It is necessary to establish a public participation plan that includes an outreach plan to engage minority and limited English proficient (LEP) populations. TRANSIT NOTICE POSTING AND PUBLISHING • Printed notices are posted in English and Spanish at the following locations: o In all buses o Major bus shelters – this includes the transfer bus shelter and other high ridership bus shelters. Posting in all shelters is dependent upon available staff. o Housing Authority’s Housing Office at 1020 Myrtle Street, Lower Level o Dulle-Hamilton Towers at 10 Jackson Street and 12 Jackson Street o Veteran’s Administration Clinic o Missouri River Regional Library • Transit notices are also provided by mail or email to: o Division of Family Services o Central Missouri Community Action Agency (CMCA) o Samaritan Center o El Puente o Schools ( public, private, and special learning centers) o Local chapter of the NAACP o Capitol Projects o Central Connections, Inc. o Compass Health o Day Solutions o Jefferson City Housing Authority o Dulle/Hamilton Towers o Salvation Army o Cole County Health Department o Jefferson City VA Clinic o Missouri River Regional Library o RACs o Wipro o Department of Social Services - Broadway State Office Building o Landmark Recovery Center o New Horizons o Cole County Residential Services o Community Health Center DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 26 • Media notices. JEFFTRAN shall notify the general public of Transit-related issues and events through notification of print and broadcast media, through established methods, including a media email group, which includes the News Tribune newspaper, KWOS radio, KBIA radio, KRCG-TV, KMIZ-TV, KOMU-TV, the City of Jefferson website, JEFFTRAN website and the JEFFTRAN Facebook page. Annual Program of Projects (POP) As a provider of transit services and recipient of FTA Section 5307 funds, JEFFTRAN complies with the public participation requirements of Section 5307(c)(1) through 5307(c)(7). Each grantee is required to develop, publish, afford an opportunity for a public hearing on, and submit for approval a Program of Projects (POP). JEFFTRAN coordinates with the Capital Area Metropolitan Planning Organization (CAMPO) to satisfy the POP public hearing requirements. When the CAMPO develops a Transportation Improvement Program (TIP) publication of the POP is included, and the Program of Projects is developed concurrently with the TIP. A minimum 25-day public comment period is open prior to the final adoption of the POP and TIP. CAMPO City of Jefferson - Department of Planning and Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 campo@jeffersoncitymo.gov Procedure for Involving the Public When Contemplating Major Transit Service Changes A. Major service changes, including fare increases and major transit service reductions, as defined below are subject to public hearings before the City Council. Major Transit Service Reductions also require the preparation of “A Level and Quality of Service Analysis.” The Level and Quality of Service Analysis shall be provided to the City Council prior to the Council’s public hearing. B. Public Meeting/Hearing Notices and Corresponding Public Comment Period Requirements. (1) Required Notices. (a) Public Meeting Notices (that are not public hearings) shall be published in the News Tribune advertising the subject, date, time, and place of the public meeting. The notice shall include instructions on how to direct written comments prior to the meeting date. The notice shall be published at least 15 calendar days in advance of the public meeting. (b) Public Hearing Notices shall be published in the public notice section the News Tribune advertising the subject, date, time, and place of the City Council’s public hearing. The notice shall include instructions on how to direct written comments prior to the hearing date. The notice shall be published at least 15 calendar days in advance of the public hearing. DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 27 (c) Notice of the public hearing shall be forwarded to the City Clerk for posting concurrently with publication of the legal notices. (d) Printed notices shall be posted at the locations and in the manner provided for in Section IV, above. (e) Public Comment Periods may vary based on the subject being undertaken by JEFFTRAN. Public comment shall be accepted at regular Public Transit Advisory Committee meetings or Public Works and Planning Committee meetings prior to City Council meetings and/or hearings. (f) Other notices. Other notices may be provided to individuals and groups. PUBLIC COMMENT a. Formal public comment periods are used to solicit comments on major public involvement efforts around an agency service or system change. b. Comments are accepted through various means: i. Dedicated email address. ii. Website. iii. Regular mail. iv. Forms using survey tool for compilation. v. Videotaping. vi. Phone calls to Customer Service Center [phone] RESPONSE TO PUBLIC INPUT A. All public comments are provided to the Board of Directors prior to decision making. A publicly available summary report is compiled, including all individual comments. a. Public Hearing. The Council shall hold at least one public hearing at a Council meeting. The public hearing shall be held at City Hall, 320 E. McCarty Street, Jefferson City, MO 65101 or as specified within public hearing notice(s). Public hearings shall be conducted according to the Council’s Rules of Procedures, and shall include receipt of public comments. b. Other Outreach activities may include the following: i. Open house events ii. Rider forums/outreach events iii. Focus groups iv. Surveys c. Public input derived from these activities will be provided to the City Council and duly considered in the decision-making process. d. All public events such as public meetings and/or open houses shall be held at accessible locations such as City Hall, schools, churches, libraries and other non-profit locations easily accessible to public transit and compliant with the Americans with Disabilities Act. B. Major Transit Service Reductions. Major Transit Service Reductions require the preparation of “A Level and Quality of Service Analysis” that contains the elements outlined in Paragraph E. DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 28 C. The Level and Quality of Service Analysis shall be provided to the City Council prior to the public hearing on the matter. Major Transit Service Reduction includes the following: a. Elimination or reduction in service that affects 5 or more passengers; b. Elimination of routes or system wide route restructuring; c. Any aggregate reduction of 25 percent or more of the number of transit REVENUE MILES of a route computed on a daily basis for the day of the week for which the change is proposed; d. Level of service changes which may result in a disproportionately high and adverse impact to minority communities as referenced in FTA Circular 4702.1, even though they do not meet the threshold for a major service reduction. Such changes are subject to a Level of Service Review as described in Paragraph E. e. EXCEPTIONS. The following service variations do not constitute major service reductions and may be implemented without public hearings. Every effort will be made to provide as much advance notice as possible to transit patrons through the news media, and notice procedures described in Section IV. f. Standard seasonal variations, including implementation of pre-established snow routes; g. Emergency service changes, including changes in routes or service frequencies necessitated by street closures, the ability of transit vehicles to travel on public streets or a disaster which severely impairs public health or safety. D. Fare Increases. The following fares and amendments are subject to public hearing: a. Any increase in charges or fees assessed to transit riders for use of public transit services including cash fares, ticket fares, pass fares and transfer fares; b. Amendments to eligibility for fare categories; except that reduced fares or promotional fare adjustments shall not be subject to public hearings. "Promotional fares" shall include modifications to fare structures which are established on a short-term basis for the specific purpose of promoting service and encouraging ridership. E. Level and Quality of Service Change Analysis. A Level and Quality of Service Analysis shall be provided for the Major Service Reductions listed above. a. The service to minority communities shall be evaluated in terms of overall system standards to determine if a proposed change would result in disproportionately high and adverse impacts to minority communities. b. This analysis shall include the identification of minority census tracts for purposes of comparing outcomes in those areas to transit service provided in other areas of the City. Not all service changes will result in adverse impacts, however. For example, eliminating a route that runs every 30 minutes from a street that already has service every 30 minutes and otherwise meets the system standards would not warrant further analysis. c. Evaluation criteria. The Level and Quality of Service Analysis shall utilize the following evaluation criteria. For purposes of comparison the three most traveled routes and destinations shall constitute the standard by which the proposed changes are to be evaluated. The evaluation should identify and compare any changes in the following criteria within the standard routes and the affected minority neighborhoods: i. Number of riders affected ii. Travel time iii. Number of transfers DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 29 iv. Service frequency v. Span of service vi. Walk distance to bus route vii. Average peak hour travel time to destination viii. Total cost of trip to destination d. Mitigation of Impacts. Service changes that would result in adverse or disproportionate impacts on minority communities shall be reported in the Analysis. This report shall provide a description of the mitigations, options and alternatives to be considered in conjunction with the proposed service change, such as: i. Alternatives to the service proposal that would have fewer negative impacts and the rationale for not selecting them; ii. Transit options that would be available for riders who would be negatively affected; and iii. Measures to avoid, minimize or mitigate the negative impacts of the proposed service change in the affected area. ACCESS TO RECORDS The City of Jefferson shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to JEFFTRAN and the City’s use of FTA funding. Copies of the adopted budget and Consolidated Annual Financial Reports that include information on JEFFTRAN are maintained by the Finance Department and available for public inspection Monday through Friday, 8:30 a.m. – 4:30 p.m. or on the City’s webpage at http://www.jeffersoncitymo.gov/government/finance.php. TITLE VI OUTREACH BEST PRACTICES City of Jefferson ensures all outreach strategies, communications and public involvement efforts concerning JEFFTRAN comply with Title VI. The JEFFTRAN Public Engagement Plan proactively initiates the public involvement process and makes concerted efforts to involve members of all social, economic, and ethnic groups in the public involvement process. Aligned with the above referenced communication tactics, the City of Jefferson provides the following: a. Public notices published in non-English publications (if available). b. Title VI non-discrimination notice on agency’s website. c. Agency communication materials in languages other than English (subject to Safe Harbor parameters). d. Services for Limited English Proficient persons. Upon advance notice, translators may be provided. DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 30 2023 – 2026 TITLE VI PROGRAM PUBLIC ENGAGEMENT PROCESS This process includes Community Meetings to seek input, provide education, and highlight key components of the Title VI Plan. Materials have been created to explain Title VI policies as well as provide education on how they relate to minority populations. JEFFTRAN staff provides briefings to the Public Transit Advisory Committee, Public Works and Planning Committee, and City Council as necessary. JEFFTRAN provides a 45-day public comment period to provide opportunities for feedback on the 2023-2026 Title VI Program. SUMMARY OF 2019-2023 PUBLIC OUTREACH EFFORTS PROPOSED FARE INCREASE PUBLIC ENGAGEMENT 2022-2023 In late 2022 a increase in JEFFTRAN Fares was proposed to City Council. The increase in fares was approved by City Council in January 2023. This process included the following: • Public Survey • Two Public Meetings • Newspaper, Email, and Social Media Advertisements announcing meetings, surveys, and public hearing • Meeting announcements advertised on busses and bus stops. • Review and recommendations by transit sub-committees: o Public Transit Advisory Committee (two public meetings) o Public Works and Planning Committee (multiple public meetings) • City of Jefferson City Council (two public meetings) o Public Hearing DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 31 EXAMPLE PUBLIC NOTICES DRAFT City of Jefferson Title VI Program 2023 – JEFFTRAN Public Participation Plan 32 DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 33 Accessibility Communication EngagementOutreach Coordination CAMPO PUBLIC PARTICIPATION PLAN The CAMPO Public Participation Plan (PPP) defines the process for providing the entities listed below with reasonable opportunities to be involved in the metropolitan transportation planning process. • Individuals • Affected public agencies • Representatives of public transportation employees • Public ports • Freight shippers • Providers of freight transportation services • Private providers of transportation (including intercity bus operators, employer-based commuting programs, such as carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program) • Representatives of users of public transportation • Representatives of users of pedestrian walkways and bicycle transportation facilities • Representatives of the disabled • Other interested parties CAMPO’s goal is to foster genuine, inclusive, responsive, and transparent communication between the MPO and the residents, transportation users, and stakeholders in the planning area. The Public Participation Plan includes the following policy objectives as they relate to meeting this goal. 1. Public Notice & Accessibility 2. Effective Communication & Visualization 3. Outreach & Engagement 4. Coordination Meaningful public participation is important so that the concerns of a diverse community of stakeholders and general public can be represented in the transportation planning process. The Capital Area Metropolitan Public Participation DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 34 Planning Organization (CAMPO) is committed to proactively involving the public in identifying and addressing transportation issues. This plan is intended to ensure that public participation is an integral and effective part of CAMPO activities and that decisions are made with the benefit and consideration of a wide range of public perspectives. Regular public participation enables CAMPO to make informed decisions, improve quality through collaborative efforts, and build mutual understanding and trust between with the public it serves. DESIRED OUTCOMES Through the implementation of specific participation policies CAMPO hopes to reach the following desired outcomes: • Adequate and timely public notice. • Use of a range of visualization techniques to describe all planning products. • Public information is made available in accessible formats. • Public meetings are held at convenient and accessible locations and times. • Explicit consideration and response to public input received on all planning products. • Proactive consideration of the needs of those traditionally underserved by existing transportation. systems, such as low-income and minority households. • Coordination with the statewide and regional transportation planning public involvement and planning processes. • Periodic review of procedures and strategies to ensure a full and open participation process. EVALUATION OF EFFECTIVENESS As required by statute (23 CFR 450.316) CAMPO periodically reviews “the effectiveness of the procedures and strategies contained in the participation plan to ensure a full and open process.” CAMPO is constantly evaluating the effectiveness of our public participation policies and methods. Since 2015, at least ten planning documents have been updated or developed. Each time a planning document is updated or developed the required policies outlined in the PPP are followed and re-evaluated. Since the last iteration of the PPP, CAMPO has utilized social media more and works more closely with local stakeholders to encourage public input. After each planning process ends CAMPO staff reviews the public input received and holds regular discussion both internally and with Board of Directors and Technical Committee members about how the process can be improved. Public engagement during the development of the 2016 Pedestrian and Bicycle Plan and the 2017 JEFFTRAN Operations Analysis saw marked increases in survey responses and attendance at public meetings. Because of these successes, planning staff worked to use similar techniques to increase participation in the development of the Metropolitan Transportation Plan in 2018 and 2019. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 35 SURVEY RESULTS As part of the update process three survey processes were used. The feedback received from these surveys was used in the update of the PPP. 2023 BOARD OF DIRECTORS AND TECHNICAL COMMITTEE SURVEY As part of an annual process to measure staff performance a six-question survey was sent to members of the Board of Directors and Technical Committee to gather input on how CAMPO staff can improve internal processes. Eighteen responses were received. Survey results highlighted a need for CAMPO staff to increase engagement at local events and festivals, provide more presentations to stakeholder groups, and utilize social media more. The questions and results are as follows: 1. Which MPO-related body are you a member of? Board of Directors 66.67% 12 Technical Committee 33.33% 6 2. How would you rate your satisfaction with staff's facilitation of CAMPO planning processes? Excellent 72.22% 13 Very Good 27.78% 5 Good 0.0% 0 Fair 0.0% 0 Poor 0.0% 0 3. How would you rate CAMPO staff assistance with decision-making processes? Excellent 72.22% 13 Very Good 27.78% 5 Good 0.0% 0 Fair 0.0% 0 Poor 0.0% 0 4. The CAMPO Public Participation Plan outlines how CAMPO will engage with the public and stakeholders. Staff are currently updating the plan. In what areas can CAMPO improve outreach and engagement? Quantity of public meetings 0.0% 0 Quality of public meetings 0.0% 0 Presentations to interested groups 16.67% 3 Social Media outreach 16.67% 3 Better website content 5.56% 1 Location of public meetings 0.0% 0 Engagement as part of local events/festivals 22.22% 4 No improvement needed 66.67% 12 DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 36 5. What other suggestions do you have for how CAMPO members and/or staff can better engage with the public? (9 People skipped this question) Jan 20 2023 11:53 AM I think they do a great job. Jan 19 2023 12:11 PM None Jan 19 2023 10:47 AM It is often hard to capture the attention of the public when they do not understand or see the end results or ramifications of the planning effort. Jan 19 2023 09:42 AM Not sure at this time Dec 21 2022 12:34 PM It is hard to get community feedback on planning related items. A good option would be to go to the civic group meetings like Lions Club, Optimist Club, etc. Dec 20 2022 02:04 PM keep meetings short and concise Dec 20 2022 07:48 AM None at this time. Dec 20 2022 05:56 AM Katrina does a great job. My only suggestion is that she could use more help. Dec 16 2022 09:44 AM Nothing at this time 6. Do you have any suggestions for performance improvement of CAMPO staff or the CAMPO planning process? Jan 20 2023 11:53 AM None at this time. Keep up the good work. Jan 19 2023 12:11 PM No Jan 19 2023 10:47 AM It takes many hours of time to gain the attention of the public and explain why they should in interested in these planning efforts. It would be good to have additional staff so that this could be possible. Jan 19 2023 09:42 AM No Jan 19 2023 09:39 AM I have only been a part of the process for a few months. The staff seems to do their jobs well and the process seems good. Dec 21 2022 12:34 PM No. CAMPO staff does a good job and is great to work with. Dec 20 2022 07:48 AM None at this time. Dec 20 2022 05:56 AM Great job. Dec 16 2022 09:44 AM No, they seem to being a very good job. 2019 PUBLIC PARTICIPATION SURVEY RESULTS As part of the 2020 Title VI Program update process, a six-question public survey was disseminated to the general public to gather input on how CAMPO can improve outreach and engagement in the region. The survey was sent out via email, Facebook post, and via the CAMPO webpage. Thirty-three responses were received. The survey was helpful in providing CAMPO with information on where respondents live and work, how they would like to receive information, and how engagement can be improved. This survey also highlighted a need to increase in-person engagement and presentations. 2022 CITY OF JEFFERSON CITIZEN PARTICIPATION PLAN A public survey was not released in 2023 due to multiple surveys about other planning processes being released by the City of Jefferson and CAMPO during the development of the 2023 Title VI Program. The City of Jefferson Neighborhood Services Division updated the City of Jefferson Citizen Participation Plan in 2022. The DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 37 Citizen Participation Plan provides a guide for public input and participation in identifying housing, community development and public service needs, and the funding priorities for programs and target populations to be served through resources for the City of Jefferson. The City of Jefferson’s Neighborhood Services Division is responsible for developing and implementing a citizen participation plan with the other plans and reports required by HUD. The purpose of this Citizen Participation Plan is to encourage citizen participation in the decision-making process with particular emphasis on the participation of low-to-moderate income persons for whom CDBG funds are proposed to be used. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 38 PARTICIPATION POLICIES The policies outlined in this section are strategies that CAMPO staff, Technical Committee, and Board of Directors will undertake in meeting the goal of “genuine, inclusive, responsive, and transparent” public engagement. PUBLIC NOTICE & ACCESSIBILITY In addition to the listed policies, Tables 1 and 2 on the following pages provides more detail on protocol and procedures. Policy 1.1 – Notices and/or agendas for all regularly scheduled meetings, public comment periods, other public meetings, other major planning activities, and notification of publications available for public access shall be posted at the following locations: • City of Jefferson City Hall • CAMPO webpage: www.jeffersoncitymo.gov/campo Policy 1.2 - The following entities shall be notified via email and/or form letter of the above listed meetings, comment periods, major planning activities, and publication availability: • CAMPO Technical Committee Members • CAMPO Board of Directors Members • Interested Parties Email List • Local Media Email List • City Clerk, City of Jefferson • County Clerk, Cole County • City Clerk, Holts Summit • City Clerk, St. Martins • County Clerk, Callaway County • City Clerk, Taos • Village Clerk, Wardsville • Missouri River Regional Library • OATS, Inc. Policy 1.3 – Meeting agendas shall be made publicly available at least five days before the scheduled meeting. Policy 1.4 - Notices of major planning activities and/or comment periods should be promoted via social media. Policy 1.5 – Notices for the development of planning documents or changes to the documents will contain: • Notice that documents are being developed or amended, and how they may be accessed; • the duration of the public comment period; • instructions for submitting comments; and • the date, time, and location of public meetings. Policy 1.6 – A legal notice regarding public comment periods related to the updates to the Metropolitan Transportation Plan, Transportation Improvement Program, Program of Projects, Title VI Program, and Public Participation Plan shall be published in the Jefferson City News Tribune. Policy 1.7 - CAMPO shall adhere to the requirements of the Missouri Sunshine Law and provide a minimum of 24-hour notice before the meeting. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 39 Policy 1.8 - The Metropolitan Transportation Plan, Transportation Improvement Program, and all other plans will incorporate charts, graphs, photographs, maps, and any other tool or resource necessary to communicate with the public and stakeholders. Policy 1.9 - Public meetings shall be held at locations compliant with the Americans with Disabilities Act. Policy 1.10 – Public meetings should be held in locations that are accessible by public transit. Meetings should be held with enough time for transit users to arrive, provide input, and use transit to leave. Policy 1.11 – Notices of major planning activities should be disseminated to stakeholders that cater to the needs of low-income and minority households, and those who may face challenges accessing employment and other services. EMERGENCY MEETINGS Policy 1.12 - In the event that an emergency meeting is necessary, the Chairman of the Board of Directors, or the Vice-Chair in the absence of the Chairman, is authorized to call a special meeting. In the unlikely event it is necessary to hold a meeting with notice of less than twenty-four hours, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes. A quorum of members is required to be physically present at the meeting location, but additional members may participate and vote via telephone, facsimile, Internet, or any other voice or electronic means. In the event the emergency meeting is considered a “closed meeting” under the Missouri Sunshine Law, members who are not physically present may vote as if they are present. In all cases the nature of the emergency of the public body justifying the departure from the normal requirements shall be stated in the minutes of the meeting. EFFECTIVE COMMUNICATION & VISUALIZATION Policy 2.1 – Upon request, staff will be available to meet with local officials, interested groups, or the public to discuss or present the Metropolitan Transportation Plan (MTP), Transportation Improvement Program (TIP), Unified Planning Work Program (UPWP) or other plans, programs, and activities. Policy 2.2 – The CAMPO webpage will be maintained and updated with planning documents produced by CAMPO and local jurisdictions to provide the most current and accurate transportation planning information available. Policy 2.3 - The CAMPO webpage shall contain public notices, meeting agendas, meeting minutes, Board of Director members, Technical Committee members, plans, studies, and other information for the public’s benefit. Policy 2.4 – CAMPO shall actively participate in social media activities to supplement traditional public outreach activities. Policy 2.5 – CAMPO shall promote events of planning partners, when appropriate. Policy 2.6– CAMPO shall proactively use targeted media campaigns to engage with individuals and groups that may be impacted by activities or have expressed interest in being contacted. OUTREACH & ENGAGEMENT Policy 3.1 – CAMPO encourages local jurisdictions to include public participation in the planning of projects and programs. CAMPO will collect information on the public participation process used by the project sponsors as part of the project application review process. Policy 3.2 – CAMPO will maintain brochures and other educational materials to provide information on the metropolitan transportation planning process, the responsibilities of CAMPO, and the public participation process. The brochure will be available at all public meetings and events and accessible on the CAMPO webpage. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 40 Policy 3.3 – CAMPO staff will actively make the effort to go out into the public, whether by invitation to go to meetings make presentations, or to attend meetings with relevance to transportation, transit, pedestrian, or bicycle themes, rail, or other related topics. Policy 3.4 – CAMPO will make every effort to reach out to community organizations, advocacy groups, and underserved populations. Policy 3.5 – CAMPO shall maintain and regularly update a database of stakeholders and interested individuals. Listed below are the broadly defined stakeholder groups that CAMPO interacts with: • Elected Officials • Emergency Service Providers • Transportation Providers • Freight Service Providers • Economic Development • Business Community • Tourism • Government (Local, State, Federal) • Non-Motorized • Community Organizations • Protected Class Advocates • Environmental Policy 3.6 - CAMPO shall engage the public in the transportation planning process according to the policies contained in this public participation plan and to the requirements of state and federal laws through timely information, public notification of activities and documents, accessible public meetings, and availability for questions and queries. Policy 3.7 - CAMPO shall solicit the needs of those traditionally underserved by existing transportation system, such as elderly, disabled, low income, and minority households who may have difficulty accessing or participating in community planning activities, through its public participation process. COORDINATION Policy 4.1 – CAMPO will coordinate with state and local agencies, and officials responsible for planning activities within the Metropolitan Planning Area that are affected by transportation. Policy 4.2 – State, Regional, and Local stakeholders will be consulted in the development of the Metropolitan Transportation Plan (MTP) and the Transportation Improvement Program (TIP) to the maximum extent practicable. Many of these entities, such as local entities involved with planned growth, economic development, environmental protection, and airport operations or freight transportation, are represented on either the CAMPO Board of Directors or Technical Committee. Policy 4.3 – Per Section 14.5 of the CAMPO Memorandum of Understanding, local governments have responsibilities to: • Participate in the development of the MTP and other plans, by making available to CAMPO local transportation plans, comprehensive plans or other information as needed, which may include land use, zoning or GIS databases. • Review the MTP as it is being drafted. • Participate in the development of the TIP, and the Unified Planning Work Program. • Review and comment of these documents as they are being drafted. • Assist in planning and executing public involvement activities. • Actively participate in the planning process through various meeting and activities, such as the Board of Directors and Technical Committee meetings. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 41 PUBLIC COMMENT PROCEDURES Figure 14 outlines required public comment procedures. Figure 15 shows the general overview of public engagement activities for specific federally required documents and plans. Public comment periods are initiated by staff and are concluded at Board of Directors meeting before final adoption or approval. Participation procedures for specific plans can be found in the following section. FIGURE 14 – CAMPO PUBLIC COMMENT PROCEDURES PUBLIC NOTICE Regularly Scheduled Meetings - Meeting notices and agendas for Technical Committee or Board of Directors are posted on the CAMPO webpage at www.jeffersoncitymo.gov/CAMPO, sent to members, interested parties, and to a media contact list at least 5 days before a meeting. The media list is maintained by the Jefferson City Clerk and includes all major TV, radio, and print news outlets that serve the Mid-Missouri area. Additionally, the list includes media contacts in St. Louis and Kansas City. Other Public Meetings – Meeting announcements and/or agendas for other planning activities not related to regularly scheduled meetings are advertised on the CAMPO webpage at www.jeffersoncitymo.gov/CAMPO , on the CAMPO Facebook page, and sent to members, interested parties, and to a media contact list at least 7 days prior to the meeting. At a minimum, a newspaper advertisement shall be placed in the Sunday addition Jefferson City News Tribune prior to the date of the meeting. Depending on the activity staff may choose to advertise in other local media resources. Staff should also make every attempt to advertise public meetings via posters, emails, stakeholder newsletters, and any other media resource deemed helpful in increasing public engagement. The public meeting notice shall include: • a brief sentence describing the plan or project • time, date, and location of the upcoming public meeting • a web link to the draft document and/or survey tool • a contact email and/or phone number Notice of Public Comment Periods - Public comment periods are advertised on the CAMPO webpage at www.jeffersoncitymo.gov/CAMPO , sent to members, interested parties, and to a media contact list. If applicable (see Table 2), a legal notice is placed in the Jefferson City News Tribune at the opening of the public comment period. Depending on the activity, staff may choose to additionally advertise using other local media resources. The end of a public comment period will be concluded by the Board of Directors at a regularly scheduled meeting to provide final opportunity to comment. An example public notice can be found on the following page. The public comment notice shall include: • a brief sentence describing the plan or project • a sentence stating the opening of a public comment period • time, date, and location of the meeting where final opportunity for public comment will be provided and approval is anticipated. • a web link to the draft document location • a list of locations where the draft document may be found • a contact email, address, and phone number PUBLIC MEETING LOCATIONS Public meetings are held at times and locations convenient to all segments of the public. A central location accessible to transit users is required. Reasonable accommodations will be made for persons with limited English proficiency and for people with disabilities. Public meetings will are generally held at John G. Christy Municipal Building (City Hall), 320 E. McCarty Street, Jefferson City, MO 65101, or as specified within public comment notice(s). Locations may change based on the nature of the planning process or product. PUBLIC REVIEW During public comment periods, copies of proposed plans will be made available for public review on the Jefferson City Website at www.jeffersoncitymo.gov/CAMPO, Jefferson City Clerk’s Office, and the Missouri River Regional Library. Reasonable accommodations for persons with limited English proficiency and for people with disabilities will be made upon request. PUBLIC COMMENTS Comments on proposed plans may be made in writing or in person at a regularly scheduled meeting of the Technical Committee or Board of Directors. Written comments should be directed to the CAMPO Division, Planning and Protective Services, 320 E. McCarty Street, Jefferson City, MO 65101, or sent electronically to campo@jeffersoncitymo.gov. CAMPO staff will present comments to the CAMPO Board of Directors before adoption or approval of any plan. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 42 FIGURE 15 – CAMPO PUBLIC ENGAGEMENT OVERVIEW BY PLAN DOCUMENT FREQUENCY REQUIRED PUBLIC MEETINGS MINIMUM PUBLIC COMMENT PERIOD REQUIRED NOTIFICATION ACTIVITIES METROPOLITAN TRANSPORTATION P LAN (MTP) 5-YEAR UPDATE 5 YEARS TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS THREE ADDITIONAL PUBLIC MEETINGS (AT LEAST ONE HELD IN HOLTS SUMMIT) 25 DAYS • WEBSITE POST • NEWS P APER ADVERTISEMENTS • STAKEHOLDER NEWSLETTERS • PRESENTATIONS TO M EMBER JURISDICTIONS’ COUNCIL MEETINGS • PRESENTATIONS TO STAKEHOLDER GROUPS • EMAIL DISTRIBUTION LISTS • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * METROPOLITAN TRANSPORTATION P LAN (MTP) AMENDMENTS AS NEEDED TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS 7 DAYS • WEBSITE POSTS • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * COORDINATED PUBLIC TRANSIT- HUMAN S ERVICES TRANSPORTATION P LAN 4-5 YEAR UPDATE 3 YEARS TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS TWO ADDITIONAL PUBLIC MEETINGS 25 DAYS • WEBSITE POST • NEWS P APER ADVERTISEMENTS • STAKEHOLDER NEWSLETTERS • PRESENTATIONS TO M EMBER JURISDICTIONS’ COUNCIL MEETINGS • PRESENTATIONS TO STAKEHOLDER GROUPS • EMAIL DISTRIBUTION LISTS • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * TRANSPORTATION IMPROVEMENT PROGRAM ANNUAL UPDATE ANNUAL TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS 25 DAYS • WEBSITE POST • NEWS P APER ADVERTISEMENTS • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENTS AS NEEDED TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS 7 DAYS • WEBSITE POST • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * TITLE VI PROGRAM, PUBLIC PARTICIPATION PLAN (PPP), & LANGUAGE ASSISTANCE PLAN (LAP) 3-YEAR UPDATE 3 YEARS TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS 45 DAYS • WEBSITE POST • NEWS P APER ADVERTISEMENTS • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * UNIFIED PLANNING W ORK PROGRAM ANNUAL UPDATE ANNUAL TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS 7 DAYS • WEBSITE POST • NOTICE SENT TO MEMBER JURISDICTIONS UNIFIED PLANNING W ORK PROGRAM AMENDMENTS AS NEEDED TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS 7 DAYS • WEBSITE POST • NOTICE SENT TO MEMBER JURISDICTIONS ANNUAL LISTING OF OBLIGATED PROJECTS (ALOP) ANNUAL UPDATE ANNUAL THE ALOP IS UPDATED BY STAFF. THE TECHNICAL COMMITTEE AND B OARD OF DIRECTORS ARE NOTIFIED OF THE DOCUMENT’S POSTING AND THE PUBLIC MAY COMMENT DURING THOSE MEETINGS. • WEBSITE POST • NOTIFICATION OF BOARD OF DIRECTORS AND TECHNICAL COMMITTEE OTHER PLANS AND PROJECTS AS NEEDED TECHNICAL COMMITTEE M EETINGS BOARD OF DIRECTORS MEETINGS ADDITIONAL PUBLIC M EETINGS AS NEEDED AS NEEDED • WEBSITE POST • NOTICE SENT TO MEMBER JURISDICTIONS • NOTICE POSTED AT CITY HALL * * Notices and/or agendas are posted at City of Jefferson City Hall at 320 E. McCarty Street DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 43 FIGURE 16 – EXAMPLE CAMPO PUBLIC NOTICE DRAFT CAMPa Capita l Area Metropol itan Planning Organization Public Notice-Notice of Public Comment Period CAMPO 2023-2027 Transportation Improvement Program Amendment #3: Change to St. Martins Trail Project The Capital Area Metropolitan Planning Organization (CAMPO) invites public comment on an amendment to the 2023-2027 Transportation Improvement Program (TIP). The TIP identifies transportation projects, studies, and programs to be implemented using a combination of local, state, and federal funding or having regional significance for the CAMPO Planning Area, which includes the Jefferson City urbanized area. Amendment #3 includes changes to the following project: • T IP #2023-14 St. Martins-St. Martins Trail $218,535 in Programmed Funds-Recreational Trails Program Award The project includes the construction of a 7' ADA trail extension from Niekamp Park to Business 50. The project will occur in Project Years 2023 and 2024. The public comment period will conclude at a meeting of the CAMPO Board of Directors on December 21, 2022 at 12:00 p.m. in Room# 200, John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101. Written comments may be directed to CAMPO at the Department of Planning and Protective Services, Room 120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri 65101; fax 573-634-6457 o r email campo@jeffersoncitymo.gov. This public notice and time established for public review and comments satisfies the Federal Transit Administration requirements. Copies are available for inspection on the CAMPO website at: www.jeffersoncitymo.gov/campo, at City of Jefferson City Hall, or may be mailed upon request. Notice of the public comment period has been provided to the following entities: Missouri River Regional Library, County Clerk in Cole and Callaway counties, City Clerks in St. Martins, Holts Summit, Taos, Wardsville and OATS, Inc. in Columbia, Missouri. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Any questions regarding this notice should call (573) 634-6410. Emily Donaldson, City Clerk, City of Jefferson, Missouri Friday, December 13, 2022 For contact information only: Department of Planning and Protective Services-CAMPO 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Atte ntion: Lisa Dittme r, Phone: (573) 634-6475 City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 44 PLAN SPECIFIC PROCEDURES METROPOLITAN TRANSPORTATION PLAN The Metropolitan Transportation Plan (MTP), also referred to as a Long-Range Transportation Plan, assesses regional transportation needs over a twenty-year planning horizon. The MTP sets goals and defines policies, programs, strategies, and projects to meet the transportation needs of the CAMPO region. The MTP is central to the MPO planning process and addresses all transportation modes, including; surface transportation (roads and bridges), pedestrian and non-motorized, transit, air, waterways & ports, freight, rail. Updates and amendments to the TIP follow the procedures outlined in Tables 1 and 2 of the previous section. 5-YEAR UPDATE PROCESS The 5-year update of the MTP should include two phases of engagement. The first phase includes outreach to member jurisdictions, stakeholders, and the general public to gather information on changes to needs and demands in the region. The second phase of engagement includes reviewing data, goals, strategies, and modeling with these same member jurisdictions, stakeholders, and the general public. The second phase concludes with the draft document going through a multi-stage process of review by the Technical Committee, Board of Directors, and public before approval or adoption. The MTP is presented to the Technical Committee for review and recommendation to the Board of Directors for approval. The draft document is then presented to the Board of Directors for review and staff opens a 25- day public comment period. A final opportunity for public comment will be provided at the next scheduled Board of Directors meeting where the Board may choose to approve or adopt the plan. The Board of Directors will close the public comment period. During the public comment period, a notice will be placed on the CAMPO webpage and a legal notice will be placed in the newspaper as specified in Table 1. An example Notice is provided in this document. Amendment Process The MTP may be changed through an amendment or administrative modification. An amendment to the MTP is subject to a 7-day public comment period after being reviewed by the Technical Committee and before being approved by the Board of Directors. If staff conducts an administrative modification, notice will be provided to the Board of Directors either prior to or immediately following the modification. Amendments and administrative modifications are documented in the appendix of the MTP. Definitions of an amendment or administrative modification, according to 23 CFR §450.104, are as follows: Administrative modification means a minor revision to a long-range statewide or metropolitan transportation plan, Transportation Improvement Program (TIP), or Statewide Transportation Improvement Program (STIP) that includes minor changes to project/project phase costs, minor changes to funding sources of previously included projects, and minor changes to project/project phase initiation dates. An administrative modification is a revision that does not require public review and comment, a redemonstration of fiscal constraint, or a conformity determination (in nonattainment and maintenance areas). Amendment means a revision to a long-range statewide or metropolitan transportation plan, TIP, or STIP that involves a major change to a project included in a metropolitan transportation plan, TIP, or STIP, including the addition or deletion of a project or a major change in project cost, project/project phase initiation dates, or a major change in design concept or design scope (e.g., changing project termini or the number of through traffic lanes or changing the number of stations in the case of fixed guideway transit projects). Changes to projects that are included only for illustrative purposes do not require an amendment. An amendment is a revision that requires public review and comment and a redemonstration of fiscal constraint. If an amendment involves “non-exempt” projects in nonattainment and maintenance areas, a conformity determination is required. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 45 TRANSPORTATION IMPROVEMENT PROGRAM The Transportation Improvement Program (TIP) is the document identifying transportation projects to be programmed and funded with FHWA and/or FTA funds for the metropolitan planning area over the next five years. Updates and amendments to the TIP follow the procedures outlined in Tables 1 and 2 of the previous section. ANNUAL UPDATE PROCESS The TIP is updated every year and covers a 5-year period starting July 1 of each year. TIP development begins with a verification of status of projects in the current TIP, solicitation of new projects, and request for budget information from local jurisdictions. Local transit providers are also requested to provide information needed to develop their “Program of Projects” for inclusion in the TIP. CAMPO staff develops the financial plan, project listings, maintenance and operations, and other components of the TIP with support from the Technical Committee, member jurisdictions, MoDOT, FHWA, and FTA. The TIP is presented to the Technical Committee for review and recommendation to the Board of Directors for approval. The draft document is then presented to the Board of Directors for review and staff opens a 25- day public comment period. A final opportunity for public comment will be provided at the next scheduled Board of Directors meeting where the Board may choose to approve or adopt the plan. The Board of Directors will close the public comment period. During the public comment period, a notice will be placed on the CAMPO webpage and a legal notice will be placed in the newspaper as specified in Table 1. An example Notice is provided in this document. The Board of Directors then requests approval of the TIP by the Governor and ONE DOT(consisting of FHWA and FTA). AMENDMENT PROCESS The TIP may be changed through an amendment or administrative modification. An amendment to the TIP is subject to a 7-day public comment period after being reviewed by the Technical Committee and before being approved by the Board of Directors. If staff conducts an administrative modification, notice will be provided to the Board of Directors either prior to or immediately following the modification. Amendments and administrative modifications are documented in the appendix of the TIP. More detail on the process for changes to the TIP can be found in the appendix of the current year TIP. Definitions of an amendment or administrative modification, according to 23 CFR §450.104, are as follows: Administrative modification means a minor revision to a long-range statewide or metropolitan transportation plan, Transportation Improvement Program (TIP), or Statewide Transportation Improvement Program (STIP) that includes minor changes to project/project phase costs, minor changes to funding sources of previously included projects, and minor changes to project/project phase initiation dates. An administrative modification is a revision that does not require public review and comment, a redemonstration of fiscal constraint, or a conformity determination (in nonattainment and maintenance areas). Amendment means a revision to a long-range statewide or metropolitan transportation plan, TIP, or STIP that involves a major change to a project included in a metropolitan transportation plan, TIP, or STIP, including the addition or deletion of a project or a major change in project cost, project/project phase initiation dates, or a major change in design concept or design scope (e.g., changing project termini or the number of through traffic lanes or changing the number of stations in the case of fixed guideway transit projects). Changes to projects that are included only for illustrative purposes do not require an amendment. An amendment is a revision that requires public review and comment and a redemonstration of fiscal constraint. If an amendment involves “non-exempt” projects in nonattainment and maintenance areas, a conformity determination is required. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 46 PROGRAM OF PROJECTS (POP) The POP is a list of projects to be funded in a grant application submitted to the FTA by a designated recipient. The POP lists the subrecipients and indicates whether they are private non-profit agencies, governmental authorities, or private providers of transportation service, designates the areas served (including rural areas), and identifies any tribal entities. In addition, the POP includes a brief description of the projects, total project cost, and Federal share for each project. The POP is a component of the TIP and thus development and update processes follow the public participation procedures used for the TIP. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 47 COORDINATED PUBLIC TRANSIT-HUMAN SERVICES TRANSPORTATION PLAN The Coordinated Public Transit-Human Services Transportation Plan (Coordinated Plan) identifies the transportation needs of individuals with disabilities, older adults, and people with low incomes, provides strategies for meeting these needs, and prioritizes transportation services for funding and implementation. In accordance with Fixing America’s Surface Transportation Act (FAST Act), the coordinated plan must be in place for agencies to apply for Federal Transit Administration (FTA) Section 5310 funding. Updates and amendments to the Coordinated Plan follow the procedures outlined in Tables 1 and 2 of the previous section. 3-YEAR UPDATE PROCESS The 3-year update of the MTP should include two phases of engagement. The first phase of engagement includes outreach to member jurisdictions, stakeholders, and the general public to gather information on changes to needs and demands in the region. The second phase of engagement includes reviewing data, goals, strategies, and modeling with these same member jurisdictions, stakeholders, and the general public. The second phase concludes with the draft document going through a multi-stage process of review by the Technical Committee, Board of Directors, and public before approval or adoption. The Coordinated Plan is presented to the Technical Committee for review and recommendation to the Board of Directors. The draft document is then presented to the Board of Directors for review and staff opens a 25- day public comment period. A final opportunity for public comment will be provided at the next scheduled Board of Directors meeting where the Board may choose to approve or adopt the plan. The Board of Directors will close the public comment period. During the public comment period, a notice will be placed on the CAMPO webpage and a legal notice will be placed in the newspaper as specified in Table 1. An example Notice is provided in this document. REVISION PROCESS Any changes to the Coordinated Plan will be presented to the Technical Committee and Board of Directors for their review and approval. The Board of Directors may open a public comment period to accommodate major revisions. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 48 TITLE VI PROGRAM, PUBLIC PARTICIPATION PLAN, & LANGUAGE ASSISTANCE PLAN Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that: [n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Title VI Program is a federally required program and document that includes the Public Participation Plan (PPP) and Language Assistance Plan (LAP). The Title VI Program must be updated every three years. The update process includes a review of CAMPO procedures for notifying the public of their rights under Title VI and how to file a complaint. The document(s) demographic data is reviewed and updated. The update of the PPP includes a full review of current public engagement and comment procedures. A public survey is distributed to gather input on how engagement can be improved. The Title VI Program is presented to the Technical Committee for review and recommendation to the Board of Directors. The draft document is then presented to the Board of Directors for review and staff opens a 45-day public comment period. A final opportunity for public comment will be provided at the next scheduled Board of Directors meeting where the Board may choose to approve or adopt the plan. The Board of Directors will close the public comment period. During the public comment period, a notice will be placed on the CAMPO webpage and a legal notice will be placed in the newspaper as specified in Table 1. An example Notice is provided in this document. The PPP is the official public participation process for plans and programs of CAMPO, as well as the Program of Projects for JEFFTRAN, and OATS. REVISION PROCESS Any change to the Title VI Program, including the PPP or LAP will be presented to the Technical Committee and Board of Directors for their review and approval. The Board of Directors may open a public comment period to accommodate major revisions. DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 49 UNIFIED PLANNING WORK PROGRAM The Unified Planning Work Program (UPWP) defines tasks and anticipates funding requirements for the metropolitan planning activities performed by CAMPO with federal funds provided by the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) under title 23 U.S.C . and title 49 U.S.C. Chapter 53. The UPWP defines activities for all public officials and agencies that contribute resources to the transportation planning process. The UPWP covers one fiscal year, November 1 to October 31, and outlines activities funded through the Consolidated Planning Grant and local funds and serves as the basis for funding agreements with the Missouri Department of Transportation (MoDOT). The UPWP also serves as a management tool for scheduling, budgeting, and monitoring the local planning activities. ANNUAL UPDATE PROCESS The UPWP is made available to the public during regularly scheduled Technical Committee and Board of Directors meetings. By regulation, the UPWP is not required to undergo the same level of public involvement as other MPO documents. The UPWP is presented to the Technical Committee for review and recommendation to the Board of Directors. The draft document is then presented to the Board of Directors for review and staff opens a 7-day public comment period. A final opportunity for public comment will be provided at the next scheduled Board of Directors meeting where the Board may choose to approve or adopt the plan. The Board of Directors will close the public comment period. During the public comment period, a notice will be placed on the CAMPO webpage specified in Table 1. An example Notice is provided in this document. The Board of Directors then requests approval of the UPWP by the Governor and ONE DOT (consisting of FHWA and FTA). AMENDMENT PROCESS The UPWP may be changed through an amendment or administrative modification. Amendments must be approved by the Board of Directors, FTA, and FHWA. Some modifications may also go through an official approval by the Board of Directors as deemed appropriate by staff. Amendments and administrative modifications are documented in the UPWP. More detail on the process for changes to the UPWP can be found in that document. RESPONSE TO PUBLIC COMMENTS Comments on planning documents will be documented and provided to the Technical Committee and the Board of Directors, and kept in MPO comment files. Comments may be included in plan appendices as summaries of public comments. General comments or questions regarding transportation policy, needs, and/or complaints will be acted upon by staff in accordance with the federal, state, and local regulations. Action on these comments may include addressing the comment directly, by correspondence to a comment or question; referring comments to the correct recipient, either to different city/state departments; or taking the matter up with the Technical Committee and/or Board of Directors. If the responses to public comments results in the Metropolitan Transportation Plan, Transportation Improvement Program and other plan or program documents or amendments being significantly different from the draft document which was sent out for public review, an additional public comment period shall be held. Determination of the need for an additional comment period will be made by the CAMPO Board of Directors. If significant oral and written comments and responses are received, an appendix containing the comments and recommendations will be made part of the final document. Interested parties may comment and make recommendations on any plan or program in person, by fax, email, or letter by contacting CAMPO staff at the following: DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 50 Department of Planning and Protective Services Attention: CAMPO 320 E. McCarty St Jefferson City, MO 65101 (573) 634-6410 (573) 634-6457 (Fax) campo@jeffersoncitymo.gov SPECIAL ACCOMMODATIONS Persons requiring special accommodations for attendance at meetings, activities and functions because of a disability or physical impairment should contact the City of Jefferson ADA Coordinator at (573) 634-6410 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. CAMPO maintains Language Assistance Plan and Title VI policies and performs periodic reviews of the both. LANGUAGE ACCOMMODATIONS As prescribed by the Language Assistance Plan, CAMPO will, when issuing statements or notices, note that interpreters or sign language professionals will be available upon advance notice of seven calendar days. CAMPO will also maintain a contact database of interpreters in anticipation of this need. NON-DISCRIMINATION POLICY CAMPO does not discriminate in the level and quality of transportation services and transit-related benefits based on race, color, national origin, sex, familial status, sexual orientation, religion, age, or disability and maintains information on and processes for complaints related to discrimination. Persons who feel that they have been subjected to discrimination should contact CAMPO or federal offices for information on local and federal procedures and forms for discrimination complaints. Person(s) alleging discrimination as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration, and/or the U.S. Department of Transportation, Federal Transit Administration Office of Civil Rights 901 Locust Street, Room 404 Kansas City, MO 64106 Telephone 816-329-3920, or Federal Highway Administration 3220 West Edgewood, Suite H Jefferson City, MO 65109 Telephone: 573-638-2617 DRAFT City of Jefferson Title VI Program 2023 – CAMPO Public Participation Plan 51 TITLE VI Any person who believes that they, individually, or as a member of any specific class of persons, has been subjected to discrimination may file a written complaint with the: Title VI Program Officer C/o City Administrator John G Christy Municipal Building/City Hall 320 East McCarty Street Jefferson City, MO 65101 Complainants have the right to complain directly to the appropriate federal agency. Every effort will be made to obtain early resolution of complaints. The option of informal meeting(s) between the affected parties and the Title VI Program Officer may be utilized for resolutions. The Title VI Program Officer will notify CAMPO of all Title VI related complaints as well as resolution. DRAFT City of Jefferson Title VI Program 2023 – City of Jefferson/CAMPO Limited English Proficieny Plan 52 CITY OF JEFFERSON/CAMPO LIMITED ENGLISH PROFICIENY PLAN This limited English Proficiency (LEP) Plan has been prepared to address responsibilities of the City of Jefferson (including CAMPO and JEFFTRAN) as recipients of federal financial assistance as they relate to the needs of individuals with limited language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964; Federal Transit Administration Circular 4702.1B, dated October 1, 2012, which states that the level and quality of transportation service is provided without regard to race, color, or national origin. Executive order 13166, titled “Improving Access to Services for Persons with Limited English Proficiency,” indicates that differing treatment based upon a person's inability to speak, read, write or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discriminations do not take place. This order applies to all state and local agencies which receive federal funds. SERVICE AREA DESCRIPTION The City of Jefferson is one of five incorporated communities within the CAMPO Planning Area as seen in Figure 17. In addition to the communities of Holts Summit, Jefferson City, St. Martins, Taos, and Wardsville, the CAMPO Planning Area also includes portions of Cole County and Callaway County. JEFFTRAN services are only provided within the City Limits of Jefferson City, see Figure 18. JEFFTRAN services include six fixed-routes, three tripper routes (serving schools during the Spring and Fall semesters), and a paratransit service via Handi-Wheels. FOUR FACTOR ANALYSIS The City of Jefferson has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by JEFFTRAN. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English. This plan outlines how to identify a person who may need language assistance, and the ways in which assistance may be provided. In order to prepare this plan, JEFFTRAN undertook the four-factor LEP analysis which considers the following factors: 1. The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services). 2. The frequency with which LEP persons come into contact with the program. 3. The nature and importance of the program, activity, or service provided by the program. 4. The resources available and costs to the recipient. DRAFT City of Jefferson Title VI Program 2023 – City of Jefferson/CAMPO Limited English Proficieny Plan 53 1. THE NUMBER AND PROPORTION OF LEP PERSONS ELIGIBLE TO BE SERVED OR LIKELY TO BE ENCOUNTERED IN THE CAMPO/JEFFTRAN SERVICE AREA: A significant majority of people in both the CAMPO and JEFFTRAN service area are proficient in the English language. Based on 2020 Decennial Census data, 2.5% of the Jefferson City population and 1.47% of the CAMPO population, five years of age and older speak English “less than very well” – a definition of limited English proficiency (LEP). Figure 17 and Figure 18 depict the number of LEP population in the City of Jefferson and the CAMPO Planning Area. FIGURE 17 - JEFFERSON CITY, MO LEP POPULATIONS LANGUAGE SPOKEN AT HOME Population % Population 5 year and over Population 5 years and over 40,033 100% English only 37,924 94.7% Language other than English 2,109 5.3% Speak English less than "very well" 997 2.5% Spanish 908 2.3% Speak English less than "very well" 285 0.7% Other Indo-European languages 600 1.5% Speak English less than "very well" 324 0.8% Asian and Pacific Islander languages 475 1.2% Speak English less than "very well" 348 0.9% Other languages 126 0.3% Speak English less than "very well" 40 0.1% FIGURE 18 – CAMPO PLANNING AREA LEP POPULATIONS POPULATION 5 YEARS AND OLDER BY LANGUAGE SPOKEN AT HOME Callaway County Cole County Holts Summit Jefferson City St. Martins Taos Wardsville Total Service Area Percentage of Population 5 years and older Population 5 years 42,575 72,087 4,197 40,033 1,128 1,319 1,612 162,951 100.00% English only 41,867 69,364 4,144 37,924 1,116 1,298 1,609 157,322 96.55% Language other than English 708 2,723 53 2,109 12 21 3 5,629 3.45% Speak English less than "very well"284 1,086 16 997 5 14 0 2,402 1.47% Spanish 281 1,283 4 908 3 5 0 2,484 1.52% Speak English less than "very well"135 308 1 285 0 5 0 734 0.45% Other Indo-European languages 149 824 22 600 5 16 3 1,619 0.99% Speak English less than "very well"47 390 15 324 5 9 0 790 0.48% Asian and Pacific Islander languages 244 479 27 475 4 0 0 1,229 0.75% Speak English less than "very well"95 348 0 348 0 0 0 791 0.49% Other languages 34 137 0 126 0 0 0 297 0.18% Speak English less than "very well"7 40 0 40 0 0 0 87 0.05% DRAFT City of Jefferson Title VI Program 2023 – City of Jefferson/CAMPO Limited English Proficieny Plan 54 2. FREQUENCY OF CONTACT BY LEP PERSONS WITHIN CAMPO AND JEFFTRAN SERVICES: While City Hall staff at the City of Jefferson has occasionally received phone calls from non-english speaking persons, 3-4 times in the last 3 years, there has not been an official request for an interpreter. On these rare occasions this has only occurred with Spanish speakers. When such an occasion has occurred, a city staff member, fluent in Spanish was able to provide support. None of these calls were related to CAMPO or JEFFTRAN services. CAMPO staff reviewed the frequency with which office staff have, or could have, contact with LEP persons. To date, CAMPO has not received a request for an interpreter. None of the two current CAMPO staff members stated that they have ever had a request for an interpreter. CAMPO averages zero phone calls per month requesting an interpreter. CAMPO does include a the non-profit El Puente as a stakeholder agency during planning processes and uses the organization for translation services of some CAMPO products. JEFFTRAN staff reviewed, via a survey, the frequency with which office staff, dispatchers and drivers have, or could have, contact with LEP persons. To date, JEFFTRAN rarely has a request for an interpreter. Only two out of sixteen staff surveyed stated that they have ever had a request for an interpreter. JEFFTRAN averages zero phone calls per month requesting an interpreter. JEFFTRAN staff was given the following survey: 1. How often do you come into contact with riders who do not speak English or have trouble understanding you when you speak English to them? 2. Of these riders, what language is most often spoken? (Example: Spanish, Chinese, Russian, Vietnamese, French, Arabic, etc.) 1. Spanish was the only language identified. 3. If known, what other languages do you hear spoken by riders? (Example: Spanish, Chinese, Russian, Vietnamese, French, Arabic, Other European, African, or Asian Languages, etc.) 2. Spanish, African, Asian, and American Sign Language were identified. 4. What languages (other than English) do you understand or speak? 3. Spanish (2), some Spanish (3), French (1) 5. Have you ever requested translation or interpretation assistance? 4. Yes (2), No (14) 6. Do you have any suggestions regarding how we can serve LEP clients better? 5. Suggestions included employing a translator and use of cell phone for translation. 7. Have you ever received comments or feedback concerning the Spanish Route and Schedule Guides? 6. No (15), No response (1) Frequency of Contact with LEP Persons Frequency Language Spoken by LEP Persons 1 - Daily Spanish 4 - Weekly Spanish 3 - Monthly Spanish 8 - Less frequently than monthly Spanish DRAFT City of Jefferson Title VI Program 2023 – City of Jefferson/CAMPO Limited English Proficieny Plan 55 3. THE IMPORTANCE OF PROGRAMS, ACTIVITIES OR SERVICES PROVIDED BY JEFFTRAN TO LEP PERSONS: Outreach activities, summarized in JEFFTRAN’s Title VI Public Engagement Plan, include events such as public meetings and/or open houses held at schools, churches, libraries and other non-profit locations, and include specific outreach to LEP persons to gain understanding of the needs of the LEP population, and the manner (if at all) needs are addressed. Outside Organization LEP Survey Organization: __________________ 1. What language assistance needs are encountered? 2. What languages are spoken by persons with language assistance needs? 3. What language assistance efforts are you undertaking to assist persons with language assistance needs? 4. When necessary, can we use these services? 4. THE RESOURCES AVAILABLE TO JEFFTRAN AND OVERALL COST TO PROVIDE LEP ASSISTANCE: Strategies for Engaging Individuals with Limited English Proficiency include: 1. Language line. Upon advance notice, translators can be provided. 2. Language identification flashcards. 3. Written translations of vital documents (identified via safe harbor provision). 4. One-on-one assistance through outreach efforts. 5. Website information. 6. To the extent feasible, assign bilingual staff for community events, public hearings, and Board of Directors meetings and on the customer service phone lines. As applicable: Based on our demographic analysis (Factor 1) the City of Jefferson has determined that no language group(s) within its service area meets Safe Harbor criteria requiring written translated “vital documents” by language group(s). City of Jefferson staff will provide assistance and direction to LEP persons who request assistance. Staff LEP Training The following training will be provided to JEFFTRAN staff: 1. Information on JEFFTRAN Title VI Procedures and LEP responsibilities. 2. Description of language assistance services offered to the public. 3. Use of Language Identification Flashcards. 4. Documentation of language assistance requests. DRAFT City of Jefferson Title VI Program 2023 – City of Jefferson/CAMPO Limited English Proficieny Plan 56 Monitoring and Updating the LEP Plan The LEP Plan is a component of the City of Jefferson’s Title VI Plan requirement. JEFFTRAN and/or CAMPO staff will update the LEP plan as required. At minimum, the plan will be reviewed and updated when it is clear that higher concentrations of LEP individuals are present in the CAMPO or JEFFTRAN service areas. Updates include the following: 1. How the needs of LEP persons have been addressed. 2. Determine the current LEP population in the service area. 3. Determine as to whether the need for, and/or extent of, translation services has changed. 4. Determine whether local language assistance programs have been effective and sufficient to meet the needs. 5. Determine whether CAMPO or JEFFTRAN's financial resources are sufficient to fund language assistance resources as needed. 6. Determine whether CAMPO or JEFFTRAN has fully complied with the goals of this LEP Plan. 7. Determine whether complaints have been received concerning CAMPO and JEFFTAN’s failure to meet the needs of LEP individual. DRAFT City of Jefferson Title VI Program 2023 – Subrecipient Assistance 57 SUBRECIPIENT ASSISTANCE JEFFTRAN (City of Jefferson) does not have any subrecipients. CAMPO does not have any subrecipients. SUBRECIPIENT MONITORING JEFFTRAN (City of Jefferson) does not have any subrecipients. CAMPO does not have any subrecipients. EQUITY ANALYSIS OF FACILITIES JEFFTRAN (City of Jefferson) has not constructed any storage facilities, maintenance facilities, or operations centers in the last three years. CAMPO has not constructed any storage facilities, maintenance facilities, or operations centers in the last three years. REQUIREMENT TO COLLECT AND REPORT DEMOGRAPHIC DATA* *Applies to providers that operate 50 or more fixed route transit vehicles in peak service; and 200,000+ population. Not applicable to the Jefferson City, JEFFTRAN, or CAMPO. REQUIREMENT TO MONITOR TRANSIT SERVICE* *Applies to providers that operate 50 or more fixed route transit vehicles in peak service; and 200,000+ population. Not applicable to the Jefferson City, JEFFTRAN, or CAMPO. SERVICE AND FARE EQUITY ANALYSIS* *Applies to providers that operate 50 or more fixed route transit vehicles in peak service; and 200,000+ population. Not applicable to the Jefferson City, JEFFTRAN, or CAMPO. DRAFT CITY COUNCIL “PRE-MEETING” WORK SESSION, MARCH 6, 2023 CALL TO ORDER In Mayor Carrie Tergin’s absence, Mayor Pro-Tem Ron Fitzwater called the March 6, 2023 City Council “Pre-Meeting” to order at 5:46 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Absent: Schreiber and Spicer DISCUSSION OF AGENDA ITEMS Councilmember Deeken will lead the prayer. Public Hearings - There will be a continued public hearing from the February 20th City Council meeting on bill 2022-105. Councilmember Lester intends to remove bill 2022-105 from the informal calendar. City Attorney Ryan Moehlman will distribute a floor amendment to the bill. Presentations from Staff, Consultants & Invited Guests - There are several presentations scheduled for tonight’s meeting. Presentations from the Gallery on Specific Bills or Resolutions - There are several citizens signed up to speak on bill 2022 -106 related to the TC3C subdivision. Consent Agenda - There were no questions at this time. Bills Introduced - City Staff presented their introduced bills. Councilmember Fitzwater intends to suspend the rules on 2022-108, and Councilmember Hensley intends to suspend the rules on 2022-109. Bills Pending - City Staff presented their pending bill. Informal Calendar - Bill 2022-105 will be taken up during the public hearing. Councilmember Lester intends to keep bill 2022-106 on the informal calendar until the next City Council meeting when the full City Council will be in attendance. CITY COUNCIL “PRE-MEETING” WORK SESSION, MARCH 6, 2023 Resolutions - Glen Costalles, member of the Citizens Organizational Review Committee, has signed up to speak on RS2022-44. - City Staff presented their resolutions. After reviewing the agreement associated with RS2022-46, City Attorney informed City Councilmembers that the resolution is not necessary. Mayor Tergin has the authority to sign the agreement after staff has reviewed the agreement. Councilmember Fitzwater will withdraw RS2022 -46. Closed Session - City Attorney Ryan Moehlman informed City Councilmembers there will not be a closed session this evening. ADJOURNMENT The meeting adjourned at 6:00 P.M. 1 REGULAR COUNCIL MEETING, MARCH 6, 2023 CALL TO ORDER Mayor Carrie Tergin called the March 6, 2023 City Council meeting to order at 6:01 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Absent: Schreiber and Spicer ADOPTION OF THE AGENDA Councilmember Ward motioned and Councilmember Wiseman seconded the motion to adopt the agenda. The motion passed unanimously by voice-vote. MISCELLANEOUS AGENDA ITEMS The “Project of the Year” Award from American Public Works Association (APWA) and “Honor” Award for Engineering Excellence from ACES for the Bicentennial Bridge Project was presented by Bob Gilbert. Mr. Gilbert also presented the APWA Award to local engineers Britt Smith, Eric Landwehr, and Steve Schultz. Mayor Tergin recognized Public Works Operations Director for his service to United Way. Amy Schroeder, JC Parks presented a video recognizing Mayor Tergin for receiving the “Public Official Achievement Award” from Missouri Park and Recreation Association. PUBLIC HEARINGS a. Continued Public Hearing from 2/20/23 City Council Meeting: Approving a PUD Plan Amendment for Property Located at 311 Bolivar Street. i. Associated Pending Bill 2022-105 (Lester) Staff: Eric Barron Councilmember Lester removed bill 2022-105 from the informal calendar with no objection. A Staff presentation was made by Eric Barron, City Planner. City Attorney Ryan Moehlman presented a floor amendment to the bill. Property owner Jeff Schaeperkoetter spoke in favor of the bill and floor amendment. Paul Sampson with Central Missouri Professional Services has been working with Mr. Schaeperkoetter and the City on the PUD Amendment. He spoke in favor of the bill and floor amendment. Joe Bryan, 304 Bolivar St. spoke in favor of the bill. 2 REGULAR COUNCIL MEETING, MARCH 6, 2023 There being no one else to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded. Councilmember Spencer motioned and Councilmember Ward seconded the motion to accept the floor amendment to the bill. 2022-105 as Amended sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. Bill 2022-105 as Amended was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16320. Aye: Fitzwater, Hensley, Kemna, Spencer, Ward, and Wiseman Nay: Deeken and Lester Absent: Schreiber and Spicer APPOINTMENTS BY THE MAYOR There were no appointments at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Former Mayor John Landwehr and Joni Henderson, Committee Chairs spoke on the April 4th Ballot Proposition, “Kids FIRST” Campaign kick-off. b. Alex Keen and Roksana Filipowska of Keen Independent Consultants presented their JC Parks Cultural Arts Master Plan progress update. The first community engagement event is scheduled for Tuesday, March 7th at McClung Park Pavilion from 6:00 P.M. – 8:00 P.M. c. Shiela Pearre, Finance and I.T. Director, presented the City’s monthly financial update. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration – There was nothing to report at this time. • Finance Committee – There was nothing to report at this time. • Public Safety Committee – There was nothing to report at this time. • Public Works & Planning Committee –The next meeting is March 9th, 7:30 A.M. in Council Chambers. Mayor announcements: • The statewide tornado drill is scheduled for tomorrow, March 7th at 10:00 A.M. Mayor Tergin reminded citizens to download the RAVE app to receive severe storm warnings. • The 2023 MSP tours have begun this month. 3 REGULAR COUNCIL MEETING, MARCH 6, 2023 • The Bulky Item Pick-up is scheduled for Monday, April 17th for City residents west of Highway 54, and Monday, April 24th for City residents east of Highway 54. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Octavia Ailsworth announced the following: Loss in the Lincoln University Family: Lincoln University is sad to announce the passing of Blue Tiger Family member Jaiquan Edwards. Jaiquan, a sophomore, elementary education major, was a dedicated member of the Blue Tiger Cheerleaders and was an Admissions Ambassador. Jaiquan will be missed, and our thoughts and prayers are with his family and friends today and in the days ahead. Retool Your School: Lincoln University is competing in the Home Depot Retool your school competition now until March 26th and we encourage everyone to vote. Unlimited votes can be cast by visiting RetoolYourSchool.com/Vote.The top 10 schools in each cluster will win a campus improvement grant of up to $150K! LU-MRRL Lecture Series: We would like to invite everyone to the next LU-MRRL Lecture Series event on Tuesday, March 7th from 6:30 P.M. -8:30 P.M. at the Missouri River Regional Library. Dr. Jane Frazier, Professor of English, will focus her talk, titled “Nature Through a Book”, on nature and literature. LU Track and Field & Basketball: We are happy to announce that 12 Blue Tiger members from the men & women’s track and field team were selected to compete in the 2023 NCAA Division 2 Indoor Championships which will be held in Virginia Beach, Virginia on March 10th -11th. Also, we would like to congratulate the Men’s and Women’s Basketball Teams on a great season. Spring Break: Lincoln University will be closed for Spring Break from March 10th-17th. Classes will resume on Monday March 20th. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS The following spoke on bill 2022-106 related to the final subdivision plat of TC3C Subdivision: Paul Sampson, Central Missouri Professional Services, represented the property owner and gave a brief presentation on the subdivision development plan. Timothy Joseph, property owner, also provided input on the plans. Jackie Coleman, Michael Hall, Patsy Johnson, Jocelyn King, and James Figueroa-Robnett Jr. (NAACP Representative) spoke against the bill. Barbara Brandel spoke in favor of bill 2022-106 and her positive property experiences with property owner Timothy Joseph. She had originally purchased the property with Mr. Joseph and later sold her half to him. She wanted to assure neighbors of Mr. Joseph’s work ethic and good intentions for the neighborhood. 4 REGULAR COUNCIL MEETING, MARCH 6, 2023 Councilmember Lester said he is going to keep pending bill 2022-106 on the informal calendar until the next City Council meeting when hopefully all the councilmembers will be present to vote. Glen Costales spoke in favor of RS2022-44. CONSENT AGENDA a. Minutes of City Council Meetings: February 20, 2023 b. Declaring Certain City-Owned Property as Surplus with the Disposition by Trade-in and Approve Spending the Trade Amount for the Purchase of New JCPD Equipment c. Authorizing $52,675 Contract Change Order # 4 with Aplex, Inc. to Replace Street Surface on Mulberry St. as Part of the East Capitol Sewer Replacement Project Councilmember Wiseman motioned and Councilmember Lester seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-108 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $25,000 AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE DEVELOPMENT OF THE CAPITAL AREA ACTIVE TRANSPORTATION PLAN IN FY2023. Councilmember Fitzwater requested to suspend the rules and take up bill 2022-108 for third reading and passage. With no objection, bill 2022-108 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16321: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Nay: None Absent: Schreiber and Spicer 2022-109 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI ACCEPTING THE EVERGREEN SOLUTIONS COMPENSATION STUDY, ADOPTING SALARY ADJUSTMENTS, AND APPROVING NECESSARY BUDGET ADJUSTMENTS/SUPPLEMENTAL APPROPRIATIONS. Councilmember Hensley requested to suspend the rules and take up bill 2022-109 for third reading and passage. With no objection, bill 2022-109 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16322: 5 REGULAR COUNCIL MEETING, MARCH 6, 2023 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Nay: None Absent: Schreiber and Spicer 2022-110 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022 - 2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY REALLOCATING FUNDS CURRENTLY APPROPRIATED FOR SALARIES IN THE GENERAL FUND TO VARIOUS PROJECTS AND BY MODIFYING PREVIOUSLY APPROPRIATED ARPA FUNDS TO REPLACE THE SALARY FUNDING WITHIN THE GENERAL FUND. 2022-111 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ADDITIONS TO CHAPTER 31 AND APPENDIX Y OF THE CITY CODE. BILLS PENDING 2022-107 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022 - 2023 ANNUAL BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE POLICE DEPARTMENT FUND. Bill 2022-107 was read third time by title, placed on final pa ssage, and passed by the following roll-call vote as Ordinance 16323. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Nay: None Absent: Schreiber and Spicer INFORMAL CALENDAR 2022-105 Taken Up Under Public Hearings 2022-106 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. RESOLUTIONS RS2022-44 sponsored by Councilmember Spencer A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO ISSUE A REQUEST FOR PROPOSALS FOR AN ORGANIZATIONAL AND STAFF OPTIMIZATION REVIEW Glen Costales spoke earlier in the evening, providing a brief summary of the resolution. 6 REGULAR COUNCIL MEETING, MARCH 6, 2023 Councilmember Wiseman motioned to adopt RS2022-44. Councilmember Spencer seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Nay: None Absent: Schreiber and Spicer RS2022-45 sponsored by Councilmember Fitzwater A RESOLUTION OF OFFICIAL INTENT OF THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, FOR THE ISSUANCE OF TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A PRINCIPAL AMOUNT OF APPROXIMATELY $60,000,000 TO FINANCE A PROJECT FOR THE BENEFIT OF UNILEVER MANUFACTURING (US), INC., AND AUTHORIZING CERTAIN ACTIONS RELATING THERETO City Attorney Ryan Moehlman presented the resolution. Michael Whelan, Unilever Director of Operations in Jefferson City presented an outline of the project. JCREP CEO Luke Holtschneider spoke in favor of the project and resolution. Councilmember Wiseman motioned to adopt RS2022-45. Councilmember Fitzwater seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Nay: None Absent: Schreiber and Spicer RS2022-46 sponsored by Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO APPROVE AN ENVIRONMENTAL ASSESSMENT City Attorney Ryan Moehlman explained that after reviewing the assessment, a resolution was not necessary. Mayor Tergin already has the authority to sign the as sessment upon staff’s review and approval. Councilmember Fitzwater withdrew the resolution. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Richard Elgin informed City Council of his complaint to the City for JEFFTRAN’s route changes. He feels it is a violation to Title VI. City Staff is looking into the complaint. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS There was no new business at this time. 7 REGULAR COUNCIL MEETING, MARCH 6, 2023 APPROVAL OF FEBRUARY 20, 2023 CLOSED SESSION MINUTES Councilmember Kemna motioned, and Councilmember Wiseman seconded the motion to approve the February 20, 2023 Closed Session Minutes. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Spencer, Ward, and Wiseman Nay: None Absent: Schreiber and Spicer CLOSED SESSION There was no closed session. UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Lester, and approved unanimously at 9:03 P.M. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Bid RFP4094 -Bus Advertising Services by Houck T ransit Advertising of Shoreview. Minnesota ' DATE CONSIDERED: March 20 , 2023 DEPARTMENT DIRECTOR(S): ____ --f'-~llL.::.....:-7--~--!:....:'----}~==----- CITY ADMINISTRATOR:-.:.;~:::::====--L.!:.~~~c_ ________ _ Staff recommends the award of the bid to Houck Transit Advertising, Shoreview, MN for the bus advertising services. This is a revenue generating agreement. The proposal lists a guaranteed annual revenue of $20 ,000 or 50 % of the gross revenue , whichever is greater for the first year. Houck Transit Advertising has been used by Transit since 2013. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid RFP4094-Bus Adverti si ng Services Public Works-Transit -Opened January 19 ,2023 RECOMMENDATION: Staff recommends the award of bid RFP4094 for bu s advertising services to Houck Transit Advertising of Shorev iew, Minnesota. This was the only proposal receive d. It was evaluated and it meets the requirements to the sati sfaction of the Department. This has been the vend or for these services since 2012 and the Transit Di vision have been satisfied w ith their performance. This bid i s for one year and allows for four 1-year renewal s. BIDS RECEIVED: Houck Transit A dvertising, Shoreview, MN This bid was advertised in the News T ribun e on 12 /21 /2022 and po sted on Bonfire. Bid notifications were sent to 125 vendo rs of which we had 19 document takers . FISCAL NOTE: This is a revenue ge nerating agreement. The proposal li sts a guaranteed annual revenue of $20,000 or 50% of the gross r eve nue, whichever is greater for the fi rst year. See the attach ed proposal for years 2 -5 . ATTACHMENTS-SUPPORTING DOCUMENTATION Signature:~ d ~ ·nw.__ p:c Sing Agent /12115123 .J t ~UN RFP4094-12/22 -Bus Advertising Services Evaluation Summary Active Submissions ·: ·-_. . . . ·: Pricing • Revenue Qualifications, . M th d f .·· ~ · . . . Total : . Generat~d to the Experience of Staff, , Pe~or~a~ce ... · :. C1ty References ";! ·-·---·-------.--------·· ·--·---·· ---.. ---. -··-. .. . ·-. . , ~ · Supplier · /100 pts : /45 pts : /30 pts . · . /25 pts Houck Transit Advertisin g 98.33 45 ($20,000.00) 28.33 Generated on Feb 13 2023 3.28 PM CST • Le igh An n Corrigan Page 1 o f 1 25 ATTACHMENT A-REVENUE PROPOSAL FORM Share of Revenue: % of Annual Income Payable to the Oity of Jefferson ,, Co11 tract Year 50 % Orhdnal Contract Period 50 % Renewal Period 1 50 % Renewal Period 2 50 % Renewal Period 3 50 % Renewal Period 4 Minimum Guarantee: Minimum Annual Revenue Guarantee Contract Y eav $20,000 Original Contract Period $2 0,000 Renewal Period 1 $22,500 Renewal Period 2 $25,000 Renewal Period 3 $25,000 Renewal Period 4 Are the it e ms bid manufac tured , produced or assembled in the United Sta t es? YES _X_ NO_ I/We the undersigned do herby certify that the information presented in this proposal is true and acc urate and agree to provide the specified products and services at the price and time stated if awarded the bid. H o uck Trans it Adve rti s in g Justin Houc k-Pres ident 1025 Tomly n Ave, Sh oreview, MN 55 126 j ustin@ ho uckads .com 65 1-34 1-2801 II ~ S i gnatnre. /!Jl L.,-T/ 1/1 1/2 023 ~ -, VY Form of Bu smess:""" So le Proprie tors hio Pa rtnershio X Corooratio n Li mited Lia bilitv Co ro orat ion 12 CITY OF JEFFERSON TRANSIT ADVERTISING AGREEMENT THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between Houck Transit Advertising, hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City" WITNESSETH: That Whereas, Contractor has become the lowest responsible bidder for soliciting, selling, and displaying advertising on the interior and exterior of buses operated by the City. NOW THEREFORE, the parties to this contract agree to the following: 1. Definitions. As used in this agreement the following terms shall have the following meantngs: a. Advertising -The removable panel and the words, pictures and symbols visible to the public which are on the sign panel. b. Billing -The total of all payments that the Contractor requests from clients in a calendar month. c. Bus-A standard transit coach for transporting passengers that is either in use or standing by as a spare on a daily basis. d. Client -The person or company paying the Contractor to install advertising. e. Eliminate buses -Selling a bus or assigning a bus to a contingency status in long- term storage. 2. Scope of Services. Contractor agrees to perform the services related to soliciting, selling, and displaying advertising on the interior and exterior of buses operated by the City. 3. Contract Period. The duration of this Contract shall be for one ( 1) years beginning on January 1, 2023, unless otherwise terminated under the provisions of this contract, and continue until December 31, 2023. This contract may be renewed for four ( 4) additional one ( 1) year terms by mutual agreement. Renewal shall occur automatically each year unless one party notifies the other of its intent not to renew at least thirty (30) days before the expiration of the agreement. 4. Grant of Exclusive Right to Advertise. The City hereby grants to the Contractor the exclusive right and privilege to solicit, sell, and display advertising on the interior and exterior of buses operated by the City. The Contractor shall operate to maximize the revenue generated from such advertising. 5. Obligations of the Contractor: a. The Contractor shall provide this service in accordance with the scope of services. b. Advertising displayed under the terms of this contract shall be of a reputable character, shall conform to recognized business standards and shall not conflict with the laws or regulations of the United States, State of Missouri or political subdivision thereof having jurisdiction over the City. The City shall have the right to require the removal of any advertising that brings disrepute upon the City, and the Contractor shall remove such advertising immediately or within a reasonable time frame. c. All advertising shall be provided, installed, changed, repaired and removed at the sole expense of the Contractor, except when it is removed by the City for purposes of repairing or cleaning the bus and frames. d. In consideration of the rights and privileges granted under this contract, the Contractor shall pay to the City each month an amount equal to the percentage payment or the guaranteed payment, whichever is greater, as follows: 1. Guaranteed Payment Per Year (paid monthly) During Contract: $20,000.00 in the first 12 month period $20,000.00 in the second 12 month period $22,500.00 in the third 12 month period $25,000.00 in the fourth 12 month period $25,000.00 in the fifth 12 month period 11. Percentage Payment During Contract 50% of billing in the first 12 month period 50% ofbilling in the second 12 month period 50% of billing in the third 12 month period 50% of billing in the fourth 12 month period 50% of billing in the fifth 12 month period 111. In all cases, the percentage payment will be based upon the monthly billing by the Contractor and not upon monthly receipts. Contractor bears responsibility for all uncollectible billing, except in the case of legally filed bankruptcies. e. The Contractor shall furnish to the City each month a copy of the client billing, and at the same time remit to the City the guaranteed payment or the percentage payment for that month, whichever is greater. f. Contractor shall be knowledgeable of and shall comply with all applicable local, state and federal laws and regulations. g. Contractor shall be solely responsible for the payroll, insurance coverage, benefits, personnel administration, and supervision of all personnel hired by the Contractor to provide the services required by this contract. h. Throughout the duration of this contract, the Contractor shall obtain and maintain, at the Contractor's sole cost and expense, commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A": 1. $500,000 per occurrence 11. $3,000,000 per year 1. The Contractor shall provide the City with certificates of insurance upon request evidencing the insurance coverage required and shall not perform any services under this contract until such insurance is secured. J. In the event of occurrences that are beyond the control of the Contractor or the City, such as a labor strike, act of war, act of terrorism, natural disaster, or factors that negatively affect the state of the economy, the Contractor shall be able to pro- rate, re-negotiate or cancel this contract with 30 day notice. 6. Obligations of the City. a. The City agrees to provide, install, and maintain all advertising frames on all buses now owned or hereafter acquired. The City shall insure that the frames are in proper repair at all times. All such frames shall be and remain the sole property of the City. b. The City shall assume the expense of removing, storing and replacing all advertising for the purpose of repairing or cleaning the buses and frames. The City shall use reasonable care to protect the advertising and shall exercise due diligence in preventing others from disturbing the same. c. The City shall, at no charge, so far as practical and convenient to the City, make available to Contractor storage and work area for use in connection with its operation hereunder. The Contractor shall keep the work area clean and neat. 7. Rights of The City and Contractor. a. This contract applies to 22 buses. The City reserves the right to add or eliminate buses from its fleet without permission from the Contractor. In the event of such addition or elimination of buses from the fleet, the City shall notify Contractor 30 days in advance in order for the Contractor to accommodate any client notifications and/or billing modifications, and the guaranteed and percentage payments by the Contractor shall be appropriately adjusted. b. The City hereby grants the right to duly authorized and properly identified representatives of Contractor to enter upon City property, during normal business hours, for the purpose of operating under this contract. c. Contractor agrees to permit any accredited representative of the City at any time during normal and usual business hours, and from time to time, to inspect and examine the books and records of Contractor. d. Trades of advertising for merchandise or other concessions may not be made during the term of this contract without the consent of both parties e. Contractor may set rates to be charged for advertising, and terms and conditions, and manner of payment by clients. Current rate schedules to be charged advertisers shall be available to City at any time upon request. f. Contractor agrees that the City may use at no charge any empty advertising frames which are available from time to time for the purpose of promoting the City's transit business and in such event, the City shall furnish Contractor such advertising signs at City's expense. g. While Contractor proposes to exercise every reasonable business effort to install advertising sold at the maximum rate in every frame, it is recognized by the parties hereto that Contractor may not at all times during the period of this contract be able to reach the maximum, and Contractor shall have the right to install public, educational, and charitable advertising as Contractor shall deem proper at a reduced rate. Contractor may also use any vacant sign space to advertise for clients at no charge. 8. Contractor's Responsibility for Subcontractors. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 9. Termination. Either party has the right to terminate this contract at any time on 30 days written notice in the event that the other party has failed to comply fully with the terms and conditions contained herein. 10. Indemnity. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense ( 1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 11. Severability. If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 12. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 13. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Severability. If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 15. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 16. Complete Understanding, Merger. Parties agree that this document including those documents represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 17. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 18. Waiver of Breach. Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 19. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 20. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 21. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Co ntractor is a so le proprierorship, pa rtn ers hip . o r limited pa rtnership, Contrac tor s hall provide proo f of c iti ze nship o r lawful pre sence of the owne r prior to issuance of th e Notic e to Proceed. 2 1. Federal C la uses . The Co ntra cto r agree s to abide by federal clauses , hereinafter described in Ex hibit A. 22. Notices. All not ices requ ired to be in writ ing may be giv en by fir st class mai l add ressed to th e Pu rchasing Age nt , City of Je ffe rso n, 32 0 East McCarty , J effer so n City, Misso uri , 6510 l , and Houck Tran si t Adve1t ising, I 02 5 Tom lyn Ave nu e Su it e 100 , Shoreview , Minne so ta , 55 126. Th e dat e of de live ry of an y no tice shall be the secon d n il! day after the day of it s mailing. CITY OF JEFFERSON, MISSOURI Mayor Date: ---- ATTEST: City C le rk APPROV ED AS TO FORM : C ity Anomey/ ._/ HOUCK TRANSIT ADVERTISING Date: "t. · Z....' · Z J ATTEST: ATTACHMENT A-REVENUE PROPOSAL FORM Share of Revenue: % of Annual Income Payable to the City of Jefferson Contract Year 50 % Ori2inal Contract Period 50 % Renewal Period 1 50 Ofo Renewal Period 2 50 % Renewal Period 3 50 o/o Renewal Period 4 Minimum Guarantee: Minimum Annual Revenue Guarantee Contract Year $20,000 Orieinal Contract Period $20,000 Renewal Period 1 $22,500 Renewal Period 2 $25,000 Renewal Period 3 $25,000 Renewal Period 4 Are the items bid manufactured, produced or assembled in the United States? YES _X_ NO_ !/We the undersigned do herby certify that the information presented in this proposal is true and accurate and agree to provide the specified products and services at the price and time stated if awarded the bid. Houck Transit Advertising Justin Houck -President 1025 Tomlyn Ave, Shoreview, MN 55126 justin@houckads.com 651-341-2801 " .. Signatnr.e.. VJl ~ 1111/2023 ~ \ l VY Fonn ofBusmess:-Sole Proprietorship Partnership X Corporation Limited Liability Corporation 12 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Bid IFB4113 -Odor Control Products by Evoqua Water Technologies of Sarasota, Florida ' DATE CONSIDERED: March 20 , 2023 DEPARTMENT Dl RECTOR(S) ==--------ft--''----"L...<"'---r---.:....______;_;;---f-==----- CITY ADMINISTRATOR:___,J(::_(2::::;~7_~~~i2~------- Staff recommends awarding bid IFB4113 to the best bid , Evoqua Water Technologies . Approval of this consent agenda item would allow the Wastewater Division to purchase odor control products for use at the Wastewater Plant and Pump Stations . Funds will be taken from the Wastewater Operating Account 64-670-514020 Chemicals . The estimated cost for the first year is the prorated amount for the remainder of FY2023 at $235 ,137.00. PAST PERFORMANCE: This vendor has provided product as specified and bid i n the past. FINANCE DEPA RTMENT PURCHASING DIVISION SUBJECT: Bid IFB4113 -Odor Control Public Works, Wastewater, Opened February 7, 2023 RECOMMENDATION: Staff recommends the award of bid IFB41 13 to Evoqua Water Technologies of Sarasota, Florida for the purchase of odo r control products for Wastewater. This bid was evaluated and awarded to the lowest and best bid. The co ntract period will be March 21, 2023 through March 20, 2024. This bid a ll ows for two one-year renewal options. The aver age spend amount over the past four years is $366,119 . It is estimated that this years cost will be appro x imate ly $403 ,092 due to an in crease in cost (11 %) depending on how much product is purchased. BIDS RECEIVED : USP Technologies , Glen Allen, VA Evoqua Water Tech , Sarasota , FL No Bid received from Univar Solutions Original Period 1st Renewal 2nd Renewal $4 .53/gallon $4.81 /gallon $5.09/g allo n $2 .85 /gallon $3.01/gallon $3.22/gallon This bid was advertised in the News Tribune on 2/5/2023 and posted on Bonfire. Bid notifications were sent to 54 vendors and there were 14 document takers. FISCAL NOTE: Expended or Account Number Description FY 2023 Budget Encumbered Bid Amount Balance Amount Chemicals- 64-670-514020 Wastewater Funds $480,000.00 $125,089.80 $235,137.00 * $11 9,773.20 Bid Total $235,137.00 *Note -thi s amount is a p rorated amount for the reminder of FY2023 ATTACHMENTS-SUPPORTING DOCUMENTATION Signature ~ t2 ~--. Pur asfn g Agent 3/2123 -= Bid Tabulation-IFB4113-Odor Control Opened February 23, 2023 Item 1-Biological Process for Hydrogen Sulfide Control for City of Jefferson Item 2 -Biological Process for Hydrogen Sulfide Control for City of Holts Summit Evoqua Water Item Descriptions Technologies USP Technologies Item 1, Unit Price , Year 1 2.85 4.53 Item 1, Total Cost, Year 1 404,700.00 643,260 .00 Item 1, Unit Price, Year 2 3.01 4.81 Item 1, Total Cost, Year 2 427,420.00 683,020.00 Item 1, Unit Price , Year 3 3.22 5 .09 Item 1, Total Cost, Year 3 457,240.00 722 ,780.00 Item 2, Unit Price , Year 1 2.85 4.53 Item 2, Total Cost, Year 1 47,025 .00 74,745.00 Item 2, Unit Price, Year 2 3.01 4.81 Item 2, Total Cost, Year 2 49,665.00 79,365 .00 Item 2, Unit Price, Year 3 3.22 5.09 Item 2, Total Cost, Year 3 53,130.00 83,985.00 Est Qty 142,000 16,500 Univar Solutions No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid From: To: Cc: Subject: Date: Haeochen Clara Corrigan Lejgh Ann; \layghan C@jQ Seaman Eric RE: Odor Conb'ol Bid Tabulation Monday, February 27, 2023 12:04:07 PM looks like we should move forward with awarding Evoqua the bid. From: Corrigan, leigh Ann <lCorrigan@jeffersoncitymo.gov> Sent: Thursday, February 23, 2023 3:53 PM To: Seaman, Eric <ESeaman@jeffersoncitymo.gov>; Haenchen, Clara <CHaenchen@ jeffersoncitymo.gov>; sewer@ holtssummit.org Subject: Odor Control Bid Tabulation Eric, Clara, and Keith, attached is the bid tabulation for the odor control bid. Other documentation is contained within Bonfire. Please let me know if you have any questions. leigh Ann Corrigan Purchasing Agent City of Jefferson 573-634-6325 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item D SUBJECT: Contract Change Order Number 2 with Concrete Solution LLC , to Conduct Additional Work on the Adams Street Sidewalk 2022 Project (#.32169) , DATE CONSIDERED: March 20, 2023 DEPARTMENT DIRECTOR(S):. __ ____,~~~~~~--===---------­ CITY ADMINISTRATOR:____,J_=------~~~;.s...-~=-------- Staff requests approval of this contract cha aer, that will allow Concrete Solution LLC to conduct additional work on the Adam Street Sidewalk project. Specifically, this will allow them to conduct tree grinding around a shallow gas main , remove add itional rock in conflict with the project, construct a curb wall along the back of the sidewalk to limit rock removal, and repair additional street. The cost of this change order will be $57 ,1 00 and will result in the project change order total reaching 14.3% of the City Council approved project cost. Cost for this change order will be covered by Sales Tax G funds . DEPARTMENT OF PU BLIC WORKS E NGINEERING DIVISION 3 20 EAST M c CARTY S T REET JEFFERSON C ITY, MISSOURI 6 5101 A CCOU NT N O . '-f 5-1 9 o -S 1'7 o 7 '-f Change Order No. T wo (2) Project No. 3216 9 Ord . No. 2 Date : 2/24/2023 J ob & Location: ADAMS STREET SIDEWALK 2 022 Contractor: Con c r e te Soluti on~ LLC It is hereby mutua ll y agreed that when this change order has been signed by the contracting parties , the followi ng described changes in the work required by the contract shall be executed by the contractor without changing the te rms of the co ntract except as herein stipulated and agreed. DESC RIPTIO N OF CHA NG ES : (See Attached Sheet for Detailed Description I Exp lanation ) Note : Item numbers prefixed with "EW' (Extra Work) are new line items to the contract. Item No. EW2 9 11 21c Description Tree G rinding & Removal around Gas Rock Excavation/Removal Residential Street (Remove & Rep lace) Wall; Monolit hic Curb(Remove & Replace) Unit LS CY SY LF Quantity in Quantity in Change Contract O rder 0 1 40 60 225 275 10 180 C ONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES : Revised Contract Quantity 1 100 500 190 Unit Price $1 ,900.00 $120.00 $132.00 $65.00 Amount of Overrun or Underrun $1,900.00 $7 ,200 .00 $36 ,300.00 $11,700 .00 1/We hereby agree to the modifications of the contract as described above and ag ree to furnish all materia ls and labo r and perform all work in connection therewith in accordance wi th the requirements for similar work in existing contract except as otherwise stipulated herein, for the fo ll owing considerations : Contract Amount -Add $57,100.00 (Fifty Seven Thousand One Hundred Dollars and No Cents) to the Contract Amount Contract Time -Add 27 ca lendar days to the Contract STATE MENT OF CON TRAC T AMO UNT: Amount %Change Time ORIG INAL CONTRACT $550,448 .95 153 PREV IOUS APPROVED CHANGE ORDERS $21,850.00 4.0% 15 TOTAL THIS CHANGE ORDER $57,100.00 10.4% 27 TOTAL OF ALL CHANGE ORDERS $78,950.00 14.3% 42 CON TRACT AMOUN T TO DATE $629,398.95 195 --ilil-72 7 Da te Recommended by: 3 -(-;A~ Da te 1/1/2023 Da te Verification of Encumbrance : Finance Director ' Accepted by: Owner-City Administrator I Mayor Date Approved as to Form: Office Use Only Percentage Change based on Council Approved Change Order Contract Amount Amount Change Order #1 $21,850.00 3.97% Change Order #2 $57,100.00 14.34% Cumulative Amount of Change Orders since last Council Governing Approval Criteria $21 ,850.00 < $25,000 $78,950.00 >10% Required Approval Admin. Council Date Council Approved Contract Amount $550,448.95 $~29,398.95 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item E SUBJECT: Awarding Bid IFB41 09 for Veterinary Supplies -Med icine and Non- Med icine for the An imal Shelter DATE CONSIDERED: March 20 , 2023(! / h DEPARTMENT DIRECTOR(S): ~M/1,{ CITYADMINISTRATOR:.~~~~t~~~~~~~~~~~~~~~~~~~~- Staff recommends awarding bid IFB41 09 for veterinary supplies to Zoetis and Midwest Veterinary . The bids were awarded on a line item basis t o the lowest and best bid meeting specifications . The expenses for veterinary supplies will be paid out of Account Number 10-330- 544040-Care of Animals -General Fund . FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4109-Veterinary Supplies, Medicine and Non-Medicine Police Department, Animal Shelter, Opened February 16, 2023 RECOMMENDATION: Staff recommends awarding bid IFB41 09 for veteri nary supplies to the following vendo rs: Midwest Veterinary Supply and Zoetis. This bid consisted of 16 3-line items. The bids were awarded on a line item basis with the intent to award to as few vendors as possible to avoid managing several contracts . Midwest Veterinary Supply was the lowest on most items and Zoetis provides a larger discount on certain items that others cannot compete with . In FY22, the Animal Shelter spent approx imately $59,558. They are expected to spend the same amount in FY23. BIDS RECEIVED : See the attached spreadsheet for the awarded line items. The highlighted items are the items sel ected for award. Green indicates the awarded line item. Yellow indicates a lo wer price. It should be noted that the item may be lower but there may be a difference in what was bid or the quantity per price. Therefore, lower unit cost may not actually be a lower price. This bid was advertised in the News Tribune on 1129/2023 and posted on Bonfire. Bid notifications were sent to 156 vendors and there were 17 document takers. FISCAL NOTE: '·tA Expended or Account Number Description FY 2023 Budget Encumbered Bid Amount Balance '' Amount Care of Animals, 10-330-544040 General Fund $49,290.00 $14,587.46 $34,742.12* -$30.58** Bid Total $34,742 .1 2 *Prorated amount for seven months remaining in FY23 **lfthe budgeted amount is exceeded, staff will request a budget adjustment. ATTACHMENTS-SUPPORTING DOCUMENTATION Signarure :~(} ~ Pur sing Agent 3/8/23 Bid Tabul a tio n -I FB4 109-Veterinary S u p plies, Medicine and Non-Medicine c ovetrus Or1 menca, Me -et nternahona 1 west derma ry upp1y, N h A LLC d V I I M'd V S Zo' ehs Cl S ean ~pace P ' LLC ro ect, # Items TY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price .. . ' ' I ~·'11 UDO I 0 -J\MUAI- Amoxicillin/C iavulanate CLAY 875-125MG Clavamox, comes Potassium -(Generic) TAB 20-in 112count, 875mg/125mg Tablets B LOODWORTH priced to match 20 #I-I 20cl) I Bottle WHOLESALE $5.51 RXAUG875 $5.87 Same 53 .47 ct $15.10 No Bid No Bid ~~·'UUWLI~- AMOXIC!LLIN 250MG CAP 500 - Amoxicillin caps 250 mg BLOODWORTH # 1-2 500cl) I Bottle WHOLESALE $22.66 RXAM0250-500 $20.17 Same $14.64 No Bid No Bid No Bid No Bid ~~lm U75 1UZ • AMOXICILLIN 500MG CAP 500 - Amoxicill in caps 500 m g CARDINAL HEALTH #1-3 500ct) I Bottle 107 $31.32 RXAMOS00-500 $27.52 Same $23.1 6 No Bid No Bid No Bid No Bid Sku 058134- CEPHALEXJN 250MG CAP 500 - Cephalexin 250mg ASCEND RXCEP250-500 #1-4 500et) I Bottle LABORATORIES $38.09 CAPS $36.07 Same 522.67 No Bid No Bid No Bid No B id Sku 055970- CEPHALEXJN 500MG CAP 500 • Cephalcxin 500mg ASCEND RXCEP500-500 #1-5 500ct) I Bottle LABORATORIES $44.16 CAPS $50.47 Same 530.88 No Bid No Bid No Bid No Bid I ~KU UDJOL- C LINDAMYC lN HCL 150MG CAP 100 - CARDINAL HEALTH RXCLII SO-l 00 Antirobe, ISO rn g, #1-6 C lindanwcin 150mg I Bottle 107 $9.30 CAPS $1 1.7 1 Same-I 00 ct-Caps 56.40 100 ct $1 14 .38 No Bid No Bid )K\J u """"- DOXYCYCLINE HYCLATE IOOMG CAP 500- Dox'Ycycline IOOm g caps CARDINAL HEALTH Same -50ct-Doxy #1-7 List quantities) I Bottle 107 $48.93 RXDOX I 00-50C $4.18 Hyclate $3.53 No Bid No B id No B id No Bid ~KU U>IJOJ • KETOCONAZOLE 200MG TAB 100- TARO Ketocona7.o le 200mg PHARMACEUTICAL #1-8 I OOct) I Bottle S USA INC S49.30 RXKCN200-100 $64.71 Same 560.00 No Bid No Bid No Bid No Bid ~·'11 u lb l METRONIDAZOLE 250MG TAB 250 - UNICHEM Metronida>.ole Tabs PHARMACEUTICAL #1-9 250mg (250ct) I Bottle S (USA), IN C. $14 .73 RXMTN250-250 $1 1.88 Same 58.13 No Bid No Bid No Bid No B id ~~·'11 U74b3U • MIRTAZAPINE 15MGTAB30 - CARDINAL HEALTH #1-10 Mirta7.apine 15 m g (30ct) I Bottle 107 $2.85 RXMIRTAZIS-30 $2.36 Same $1.25 No Bid No Bid No Bid No Bid Covetrus North America, LLC Med-Vet Internati onal Midwest Veterina r y S upply, Zoe tis Clean Space Pro eel, LLC # Item s TY UM Comments Disc Price Comments Disc Price Comm ents Disc Price Comments Disc Price Comments Disc Price ~KU U f)JHU • ONDANSETRON HCL 8MGTAB 30 · CARDINAL HEALTH #I -ll O ndansetron 8 mg (30ct) I Bottle 107 $2.78 RXZOF8-30 $1.54 Same S1.32 No Bid No Bid No Bid No Bid ~Ku U7~~J~ • PREDNISONE I OMG TAB 100-AMNEAL PHARMACEUTICAL #1 -1 2 Prednisone 10 mg (I OOct) I Bottle s $7.89 RXPRED I 0 -100 $7.84 Same $3.03 No Bid No Bid No Bid No Bid S ku 057003-NOVOX IRXNOV I00-30- CARPROFEN CAPTS CH NOVOX Rimadyl (or generic) IOOMG 30CT-IOOMG30CT Carprieve #1-13 I OOmg (30 ct) I Bottle VEDCOINC $17.24 CHEW TAB $20.32 #6452169 $15.93 Same $32.03 No Bid No Bid SKu U5b~~7 -NUVUX CARPROFEN CAPTS RXNOV25-30-CH Rimadyl (or generi c) 25MG 30CT -NOVOX25MG Carprievc #1-14 25mg (JOel) I Botlle VEDCOINC $11.5 1 30CT CHEW TAB $13.40 #645 1969 510.50 Same $22.12 No Bid No Bid ~Ku U~H4HH • TERBINAFINE HCL 250MGTAB 100- Terbinafine 250 mg CARDINAL HEALTH #1-1 5 IOOct) I Bottle 107 $14 .17 RXTERBIN250-30 $4.02 Same 510.96 No B id No Bid No Bid No B id 3KU UO.L<OO • CREDELIO TAB 450MG 50LB GRN I OX6DS -L!LL Y Credc lio (lotilancr) 25.1-COMPANION Same -16 boxes- #1-16 50 lbs(green) I Box ANIMAL HEALTH $819 .3 1 No B id No Bid let each $240.41 No B id No Bid No Bid No B id ~Ku U/JLLU • TRAZODONE HCL IOOMG TAB 100 - CARDINAL HEALTH RXTRAZ I 00-100 #1-17 Trazcdone (I 00 mg) I Bottle 107 $7.62 TABS IOOCT $5.0 1 Same -I 00 count $3.96 No Bid No Bid No Bid No Bid Ill . ' .. ., ~Ku U~H~~H • AMOXICILLIN 250MG/5ML SUSP Amoxic illin oral powder 150ML -CARDINAL #2-1 200mg/5ml (50ml) I Bottle HEALTH 107 $2.22 RXAMS200-50 $1.61 Same 51.51 No Bid No Bid No Bid No B id :;Ku U6UHUU • AMUX.l· Amoxicilli n/Ciavu lanate CLAY 200- Potassium-(Generic) 28.5MG/5ML SUSP 200mg/28.5mg/ml (50 50ML -CARDINAL #2-2 ml) I Bottle HEALTH 107 $2.69 RXAUGS200-50 $2.75 200mg-28.5mg/5ml 5 1.98 No Bid No Bid No Bid No Bid ~Ku U4~b~U • MARQUIS ANTIPROTOZOAL PASTE 4XI27GM- Marqui s ( 15% ponazuril) BOEHRINGER #2-3 4 tubes/box I Box INGELHEIM $1 ,004.00 RXMARQUIS 532 1.47 No B id No Bid No Bid No Bid No Bid No Bid Covttrus Nor th America, LLC Med-Vet In te rn ational M idwest Veterina r y Supply, Zoetis C lea n Space Project LLC # Items TY UM Comments Di sc Price Comments Disc Price Com men ts Disc Price Comments Disc Price Commen ts Disc Price ~KU U/lbb4 • MELOXIDYL O RA L 1.5MG/ML 200ML PVL-CEVA Meloxieam O ral Solution ANIMAL HEALTH RXMELOXIDYLI Loxicom 1.5 mglml- #2-4 1.5mg/ml) I Bottle INC $10 1.24 0 $15.43 IOml #6451702 $11.33 No Bid No B id No Bid No Bid ~KU UUD)) • PANACUR SUSP I 0%40DS JL •- MERC K ANI MAL RXV-PANACUR- #2-5 Panac ur Svso. (I 000 mil I Bottle HE ALTH $143.0 0 LT $200.20 Same $143.00 No Bid No Bid No Bid No Bid SKU UZZ0 18-Pyrante l Pamoate STRONGID C2X PYRANTEL S usp. 32oz St rong id Tor e qua l item PELLET I OLB PAIL PAMOATEPH-MVS# 191 .59034 .3 #2-6 l(qunn si1.e) I Bottle ZO E -ZOETIS INC $53.15 PYRANTEL $28.70 Human Pharm $36.91 No Bid No Bid No Bid No Bid :~KU OJ 14 84-PRU PECTALIN G EL 30ML VTQEA- VETOQ UINOL USA RXVPRO- #2-7 Pro-Pcctalin Paste. 30 ml I Syri nge INC $16.45 PECT ALIN $2o.62 Same $16 .45 No Bid No Bid No Bid No Bid " I~KU uuoo.o- ACEPROMAZ!NE INJ I OMG/ML 50ML PVL-BOEHRJNGER Accpromaz ine I Omg/m l INGELHE IM Promoce Inj #3-1 50ml) I Bottle VETMEDICA INC $2 4.24 RXACE-50V $30.9 1 #136059 $24 .07 No Bid No Bid No B id No Bid SKU 0J4JbJ- ANTISEDAN INJ ZOE I OML -ZOET IS RX ANTISEDAN- #3-2 Ant iscdan (I Om!) I Each IN C $234.85 10 $328.79 Sa me $234.85 5ml!!m l,10 ml $176.14 No Bid No Bid I~KU U74 7bU- AT RO PINE SULF .54MG/ML INJ RXATROP INE INJ Atropine Sulfate I OOML PVL -0.4 MG/ML20ML l /120gr 0.54mg/ml- #3-3 Atropine I Bottle VEDCOINC $27.73 MDV $57.3 1 lOO m! $22.07 No Bid No Bid No Bid No B id I Sku 0377 13- BAYTRJL 100 INJ LA Enrofl ox I 00 inj - I OO MG/ML I OOM L -IOO mg/mi -I OOml - #3-4 Baytril LA I OOmg/ml I Bottle ELANCO US INC. $56.53 RXB AYTRJL $79.14 #6068408 $45.08 No Bid No B id No Bid No Bid S~"U 0755 15 -Dolorex I Umgtm t- BUTORPHANOL 50ml #0 17070 Torb ugesic-AS, Butorphanol (generic) I OMG/ML INJ 50ML (Zoctis is a lower Injectable, 2 #3-5 I Om!Vml (50ml) I Bottle C4 PVL -AKORN $152.99 RXTORBUGI 0-50 $270.62 concentration) $183.53 mglml IOml 35.85 No Bid No Bid RXCERENJA-INJ #3-6 Cercnia I Omg/ml I Bottle No Bid No Bid I OMG/ML 20ML $303.38 Sante-20m! $197.00 No Bid No Bid No Bid No Bid S ~"ll U7794 Z - CERENIA FEUK9 Ccrcni a 20 ml inj ectab le INJ 2 0ML VIA L -RXCEREN!A-INJ #3-7 solut ion I Vial ZOETIS INC $1 97.00 I OMG/M L 20ML $303.38 Same -I Omglml $197.00 Cerenia $147.76 N o B id No Bid !Sku 034362- DEXD OMITOR INJ Dexdomito r (gene ri c) 0 .5MG/ML ZOE #3-8 10m)) I Each I OML -ZOETIS INC $2 12.25 RXDEXDOMJTOR $297.16 Same -0 .5mg/ml $108.87 0.5 mg/ml, I 0 m l $159.18 No Bid No Bi d c ovetrus N ort Amcn ca, LL c MdV ct lntcrnatlona e -Midwest v s etermary , upp1 y, z oehs c c lea n Space Pro·ect, LL # Items TY UM Comments Dis c Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Di sc Price ~lru UILIW- DIAZEPAM SOMG/I OML INJ SX I OML C4 -DASH PHARMACEUTICAL RXDIAZEPS-1 0 Diazepam 5mglml- #3-9 Diazepam 5mg/ml (Sml) I Bottle S LLC $224.26 SMGIML I OML S64.40 IOml-5 vial pack $202.50 No Bid No Bid No Bid No Bid RXBEN-50-INJ Diphenhydramine EACH/SINGLE I Same-sold as 25 #3-1 0 50mg/ml I ml vials I Box No Bid No B id MLVIAL $1.10 count box $27.33 No Bid No Bid No Bid No B id Slru 07 11J I - EPINEPHRINE Epinephrine I: I 000 I: 1000 I MGIML #3 -11 30m I) I Bottle SOML-VEDCO INC $34.12 No Bid No Bid Same-50ml $28.07 No Bid No Bid No Bid No Bid ~lru UJ>YQO -• A I AL PLUS SOLUTION 250ML C2NVORTECH - VOR-TECH Fatal Plus (pentobarbital) PHARMACEUTICAL #3-12 250m! I Bottle s $125.73 RXFATAL-PLUS $122.49 Same $91.99 No Bid No Bid No Bid No Bid Sku U557:J7- HEPARIN SOD 30,000U/30ML INJ Heparin 1000 units (10 30ML -CARDINAL #3-13 ml) I Bottle HEALTH 107 $8.47 RXHEPARIN-10 $4.14 Same $4.08 No Bid No Bid No Bid No Bid Sku 021532-Agri-Mectin 1% IVERMECTIN 1.87% Injection fo r Cattle PASTE I-DOSE PVL-and Swine 50 ml #3-14 lve rmectin I% (50ml ) I Bottle MED PHARMEX INC S6.SS PH-IVOMEC $37.56 #225 $23.00 No Bid No Bid No Bid No Bid ~KU UU)QO , - KETOFEN KETOPROFEN I OOMG/ML SOML- #3-15 Ketofen (I OOcc) I Each ZOETIS INC $110.25 RXKET0-100 $228.63 Same $184.45 No Bid No Bid No Bid No Bid ~KU UO>OOU- LACTATED RINGERS INJ 14X IO OOML BAX- BAXTER Lactated ringers I 000 m l HEALTHCARE- #3-16 bag I Bag FLUIDS $84.46 RXRINGL-1000 $8.8 1 Same S6.28 No Bid No Bid No Bid No Bid ~leU UUYO)U - LACTATED RINGERS INJ Lactated ringers 500 ml 24X500ML LF -ICU #3-17 bag I Bag MEDICAL, INC $139.14 RXRINGL-500 $7.35 Same 56.57 No Bid No Bid No Bid No Bid S~'U 002468 - LIDOCAINE 2% INJ IOOML PVL- #3-18 Lidocaine 2% (I OOcc) I Bottle VEDCOINC $4.11 No Bid No Bid Same-HCI ln'ection S3.00 No Bid No Bid No Bid No Bid ~lru UMUJJ- NALOXONE HCL Same-lnj 0.4mg/ml- 4MG!IOML INJ IOML RXNALOXONE I ml-sold as t 0 #3-19 Naloxone I Bottle -AKORN INC S61.8 1 0.4MG/ML IOML $79.44 count $1 18.67 No Bid No Bid No Bid No Bid Covetrus North America, LLC Med-Vet I nternational Midwest Ve ter inary S upply, Zoe tis Clean Space Project, LLC # Items IQTY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price INOTOCIIIIO Sku 062440-Suspens ion-! OOml- Pen G 300,000 uni ts/m l NOROCILLIN INJ #VJN V-NORO- #3-20 l OOm I) I Bottle I OOML -VEDCO INC St0.87 No Bid No Bid lOOM 510.96 No Bid No Bid No Bid No Bid I ~I<U Ui14>0 - PRAZIQUANTEL INJ SOML-BlMEDA Praziquantcl 56.8 mg/ml ANIMAL HEALTH RXPRAZIQ-10 #3-21 SOml) I Bottle IN C $388.00 IOMLVIAL $135.69 Same 536 1.67 No Bid No Bid No Bid No Bid Sku 069 173 -Same -So ld as STERILE WATER 25eount bottles - #3-22 Sterile Water In. {I 00 ml I Bottle FOR INJ I L -NOVA-S5.S7 No B id No Bid l OOm! each $121.56 No Bid No Bid No Bid No Bid ~•U uo•u»- XYLAZ INE INJECTION I OOMG/ML SOML PVL -BIMEDA Xy laMed Xylazine I 00 mglml ANIMAL HEALTH RXANASEDSO-I OO mglmi-S Oml- #3 -23 50ml) I Bottle INC $25 .23 100 $3 1.09 #1020083 $23.28 No Bid No Bid No Bid No Bid >Jru U JJUUO - HYDROM ORPHONE 40MG120ML INJ 20ML C2 -HIKMA Hydromorphone PHARMACEUTICAL Same-2mglml-1 ml #3 -24 in· cctable (t ist sizes) I Bottle S USA INC. $28.96 No Bid No Bid vial-I 0 count 522.91 No Bid No Bid No Bid No Bid ~KU U4>1JO • MELOXJCAM INJ SMG/ML 20ML PVL - NORBROOK RXALLOXATES-Loxicom inj- Mcloxicam injectable LABORATORI ES 10 S,MGIML Smg/ml-1 Om I- #3-25 lrLi st sizes) I Bottle LIMITED $124.60 IOML $94 .80 #6 451602 $60.28 No Bid No Bid No Bid No Bi d ~KU 014751 - RIMADYL INJ ZOE Caprieve inj -lnf Solution 50 Carp rofen injectable {List 50MGIML 20ML -RXCARP -INJ 50mg/ml-20ml-mg/ml, 20 #3-26 sizes) I Bottle ZOETIS IN C $153 .25 SOMG/ML 20ML $91.56 #6451503 $57.78 mllbottle $114 .94 No Bid No Bid SKU 070 186- MIDAZOLAM HCL 5MG/5MLINJ I OX5ML C4 -HIKMA Mida>.o lam injectable PHARMACEUTI CAL RXMIDAZ -1 OML #3-27 ICList sizes) I Bottle S USA INC. $18.09 5MGIML IOML $5.88 Same-5mg/ml-l Om I $10.69 No Bid No Bid No Bid No Bid !SKU 004866-InJectable, I 00 TELAZOLINJ Til7.olan inj mg/5ml when Te lazo l injectable (List I OOMGIML C3N ZOE RXTELAZOL-5 I 00m glml -5ml -reconstituted, 5rn l #3-28 sizes) I Bottle SML -ZOET IS IN C $79.75 IOOMGIML 5ML $11 1.65 #17033-010-05 SS6.7S bottl e $59.81 No Bid No Bid RXBUPRENOR5-Same-0.3 mg/ml- Buphrenorphin c V 0.3MGIML I ml vial-s old as 5 #3-29 in ectable {Lis t s izes) I Bottle No Bid No Bid 5X I MLVIALS $112 .70 count $84.88 No Bi d No Bid No Bi d No Bid ~~KU 077640- KETAMINE HCL INJ Ketaminc HCL injectable IOOMGIML IOML RXKETAMINE Same-I OOm glml -100 mg/ml , 10 ml #3-30 List sizes) I Bottle C3N -VEDCO INC $8.3 1 IOOMGIIOML $10.5 8 IOml $7.07 bottle $12.41 No Bid No Bid Covetrus North America, LLC Med-Vet Int ernationa l Midwe st Ve ttrinarv S uoolv, Zor ti s Clean Space P ro· ect LLC # !I ems TY UM Comments Disc Price Comments Disc Price Comments Di sc Price Comments Disc Price Com ments Disc Price Sku075 18 1 -K9 Can ine Distemper, VANGUARD truCan DAPPI+L4-Adenovirus Type 2, Vanguard Plus 5 L4 (25 DAPPIL4 25X I OS -PH V-25count-Para influenza, #3-31 dose/tray) I Tray ZOETIS INC $335.00 VNGUARD5L4 $418.25 #AV705881AAM $202.13 Pnrvovirus (I dose) 53.74 No Bid No Bid t..anme AaenOV IruS Type 2 , Sku 057434 -K9 Parainfluen za, VAN GUARD RAPID truCan BAPi (IN)-Bordetella Vanguard Rapid Resp 3 RESP 3 ZO E 25X IDS PHV-VANGUARD 25count-bronchiscptica (I #3-32 25 dose/tray) I Tray ZOETIS INC $193.75 R3 $243.25 #AV7 16281AAM $13 1.75 dose) $3.58 No Bid No B id Sku 0571 11 -RAB DEFENSOR I ZOE 5X I ODS -ZOETIS RXV -I RABD EF-Rabvac l-50counl-Vanguard Rabies #3-33 Defensor I (50 dose/tray) I Tray INC $188.25 SO D $248.53 #AV687682GAM $102.90 50 dose) $67.50 No Bid No Bid Soru 075184-FEL VAN GUARD RC P truFe l HC P- Feloccll 3 RCP (25 25X IDS -ZOETIS 25count-Vanguard Feline #3-34 dose/tray) I T ray INC $182.50 PHV-FELOCELI.3 $241.50 #AV7 14381AAM $111.86 RCP (25 doses) 554.00 No Bid No Bid Sku 075185-FEL VANGUARD truFel HCP+Ch-Vanguard Feline Felocell 4 RCP-CH (25 RCP+CH 25X I DS-25count-RCP+CH (25 #3-35 dose/tray) I Tray ZOETIS INC $212.50 PHV-FELOCELL4 $264.25 #AV714881AAM $120.39 doses) 571.75 No Bid No Bid ~~·-u U455JJ- CONVEN IA INJ VIAL Covenia, Inj ectable Con venia I 0 ml ZOE IOML-ZOETIS Solutio n 80 gm/10 #3-36 in· ectablc, 80 mg powder I Vial INC $392.15 RXCONVENIA $549.02 Same $392.15 ml $294.12 No Bid No Bid I SkU 059094- D!ROBAN INJ Diroban-1 FDC 25 mglml 25MG/ML 5X50MG - #3-37 50mg x 2m I vial, 5 pack I Pack ZOETIS INC $257.00 R.XFD!ROBAN-5 $359.82 Same $257.00 Dirobnn, I vi $41.12 No Bid No B id ~ ' ' .. " . I SkU 0 I 0026 - VETROPOL YCIN HC BNP (triple antibiotic) OPHTH OINT DVP RXTRIPOPH- #4-1 O pth 3 .5~ I Tube 3.5GM -VEDCO INC $9.49 3.5GM $11.39 Same $5.40 No Bid No Bid No Bid No Bid !Sku 02 19 17 -IC iot romazo le cream OTOMAXOINT RXCLOT-BETI5 1%-loz- 150M BTLSCH CLOTRAMIZLEIB MVS# 191.36120.3 Clotrim nzo le ointment 12/CTN -MERCK ETACRREAM #Human #4-2 List sizes) I T ube ANIMAL HEALTH $234.12 150M $2.10 Pharaceutica ls $1.67 No Bid No Bid No Bid No Bid I~"" ULUI>'IL-ALUc OTIC CLEANING SOL 80Z PVL -JICE PHV-EPI-OTIC-A8 PHARMACEUTICAL EPIOTIC Vet Care Plus-8oz- #4-3 Ear c leaner (List sizes) I Bottl e s $6.93 ADVANCED 80Z $19.08 #0405200 $5.44 No Bid No Bid No Bid No Bid I SkU 07SH4H - OPHTHAVET OPHTHALMIC OINTMENT 50 -PH-PURALUBE-Optixcare Gel - #4-4 Eye Lubricant Ointment I Tube VEDCO IN C $15.95 VET $7.48 20gm-#OP X-4242 $9.54 No Bid No Bid No Bid No B id Soru u 50~1 4- STERILE EYE WASH Ophth almic 98.3% SOL 236ML-PH-EYE-4 40Z eyewnsh-8oz- #4-5 Eve Wash -(List s izes) I Bottle AKORNINC $6.11 BOTTLE 53.85 #900108 56.00 No Bid No Bid No Bid No Bid Covdrus Norlh America, LLC Mrd-Vct International Midwes t Veterinary Supply, Zoetis C lean Space Project, LLC # Ite ms TY UM Comments Disc Price Comments Disc Price Comments Disc Price Comm ents Disc Pri ce Comments Disc Price ~k-u U)b lOb - INTERCEPTOR PLUS 8LB ORG EAH 5X6DS -LILLY RXINTPLUS-OR-6 Interceptor Plus, 2-8 lbs, 6 COMPANION BOXOF6NOT Same-Sold as Revolution, up to 5 #4 -6 ack I Sleeve ANIMAL HEALTH $147.00 SLEEVE $37.24 5x6count $147.00 lbs, 3 pack $30.94 No Bid No Bid ~~·-u U00/0~- INTERCEPTOR PLUS 25LB GRN Revo lution , up to EAH 5X6DS -LILLY RXJNTPLUS-GR-6 5.1-10 lbs, 3 pack Interceptor Plus, 8-25 lbs, CO MPANION BOXOF6NOT Same-Sold as = 38.1 0, also #4-7 6 pack I Sleeve ANIMAL HEALTH $14 8.80 SLEEVE $37.70 5x6count $148.79 come s in 6 pack $38.10 No Bid No Bid I ~KU uoo IV - INTERCEPTOR P LUS 50LB VEL EAH 5X6DS -LILLY Revo lution, 20.1 - Inte rceptor Plu s, 25 -50 COMPANION RXINTPLUS-YE-6 Same-Sold as 40 lb, 3 pack, also #4 -8 lbs, 6pack I Sleeve ANIMAL HEALTH $188.27 6PK NOT S LEEVE $47.70 5x6count $188.27 comes in 6 oack $40.13 No Bid N o Bid I ~KU U)O INTERCEPTOR PLUS I OOLB BLU EAH 5X6DS -LILLY Revolut ion, 40.1 - In terceptor Plus, 50-I 00 COMPANION RXINTPLUS-BL-6 Same-Sold as 96 lb, 3 pack, also #4-9 lbs, 6 pack I Sleeve ANIMAL HEALTH $226.33 6PK NOT SLEEVE $57.34 5x6count $226.33 comes in 6 pk $40.32 No Bid No Bid #4-10 Lime Sulfur Dip I Gallon No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid I ~KU 0072 10- OTOMAXOINT 2 15GM BTLSCH Otomax Oi ntment or 80Z EA -MERCK RXOTOM-8 #4-11 I generic 2 15g I Bottle ANIMAL HEALTH $203.45 OTOMAX80Z $276.29 Same $203.45 No B id No B id No Bid No Bid I Sku 0 589 11 - REVOLUTION K9 RXVREV- Revoluti on 6 pack, Plum , 130LB PLUM 5X6DS PLUMX66PK Same-Sold as 3 pk= $51.11 ,6 pk #4-12 dog. 85.1-130 lbs Top Sol I Sleeve • -ZOET IS INC $625.00 NOT SL EEVE $166.26 5x6count $625.00 = 93.75 $51.11 No Bid No Bid ~~·-u U /<11,- SENERGY K9 85.1-Revoll Spot-On Selamcctin for dogs, 85-130LB PLUM 85.1-130#-sold as 3 pk = $51.11 ,6 pk #4-13 130 lbs (plum) I Sleeve I OX3DS • -VEDCO $438.97 No Bid No Bid 5x6count-# 160 18 $369.25 = 93.75 $51.11 No Bid No Bid !Sku 068510-Steneare SodiUm UL T IGIENE NORM C hlori de for Sodium C hlo ride for SALINE SOL RGD RX0 .9NACL-irrigalion-1 OOOm l- #4-1 4 irrigation (250 m l) I Bottle 250ML -VEDCO INC SJ .77 250JR $9.79 #6281 $5.09 No Bid No Bid No Bid No Bid Sku 015450- UNIVERSAL M EDI CAT ED SHAMPOOVTQ Universal Medica ted 160Z- #4-1 5 Shampoo I Gallo n VETOOUINOL USA $18.28 No Bid No Bid Same $112.18 No Bid No Bid No B id No Bid I ~k-u 0)/4U4 - VECTRA 3D K9 XL RED 12X6DS -CEV A ANIMAL HEALTH PHV-VECTRA39-Same-Sold as #4 -16 Vectra 3 D Dog 951b+ I 6-Pkg INC $957.96 95 3DOSE X 12 $675 .22 12x6count $957.96 No Bid No B id No Bid No Bid Covetrus North America, LLC Med-Vellnternational Midwest Veterina ry_ Supply , Zoeti s C lean Space Project, LLC # Items TY UM Comments Disc Price Comm ents Disc Pri ce Co mments Disc Pri ce Comments Disc Pri ce Comments Disc Price 1 ~1ru u i002o- VETROPOL YCIN HC RXNP B-HC OPHTH OINT DVP NEO/POL YIBAC #4-17 Vetropolycin HC I T ube 3.5GM -V EDCO INC $9.49 WIHC S8 A O Same 59.49 No Bid No Bid No Bid No Bid I Sk-u 0 10028- VETROPOL YCIN OP HTH OINT DVP RXTRIPOPH - #4-18 Vctrooolvcin (No HC) I Tube 3 .5GM-VEDCO INC $8.27 3.5GM $11.39 Same $8.27 No Bid No Bid No Bid No Bid ~Jru U f q OLO - GENTAMICIN 0.3% OPTH SOL 5ML - C ARDINAL H EALTH #4-19 Gentamic in ophthalmic I Bottle 107 $2.2 t RXGENOPH-5 $2.2 1 Same-0.3%-5ml $2.13 No Bid No B id No B id No Bi d ~Jru UlHYH J -'H-I t:KKA-t /H TERRAMYCIN TERRAMYCIN OPHTHALMIC OINT OPHT HALMIC Terramyci n Terramycin Ophthalmic I/80Z ZOE-ZOETIS OINTMENT , Ophthalmic Oint- #4-20 O il (I 0 pack) I Package INC $17.20 EACH $24.09 1/Soz-# I 0000474 $17.20 1/8 oz. I 0 per pack $16.34 No Bid No Bid 1>1 Sku 029405- ISOFLURANE SOL 250ML PVL •- P!RAMAL CRI TICAL #5-I lsoflurane (250cc bottl e) I Bottle CARE INC $41.13 RXJ S0-250 $39.19 Same-USP $29.7 1 No Bid No Bi d No Bid No Bid r;, ' .. ; ~·-u u. ,. - MSCOPE CVR SLP G LS 22X22 SZ2 I OZ PVL -Y AN CHENG Mic ro scope covers 22 x HU lDA IMP.& #6-1 22m #2; Thickness-I oz I Package EXP.CO .• LTD. $2.99 94-t -222 $2.48 Same $6.06 No Bid No Bid No Bid No B id ~~Jru U I L I O- COTTON T IP APPL Cotto n tipped wood 6 ' ST ER 2/PK I 00 app li cators non- PVL -GOODWOO D steril e 6'-sold Cotton tip ap plicato" 6" MEDICAL CARE CTA6 1000/BOX as I OOO count box- #6-2 -pack ets I 00, 10 pktlbox I Box LTD $2.80 NON-STERILE $5.93 #4302 $7.25 No Bid No Bid No Bid No Bid ~KU u u~••- WOODEN APPLICATOR STK 61N I OOOCT PVL - GOOD WOOD MEDICAL CARE 97-870 1-10 plain #6-3 Wood applicator st icks I Packa~e LTD $7.18 aool sti cks. I OOOct $7.53 Same-1000 count $3.13 No Bid No Bid No Bid No Bid Sku 0014 16- SPONGES GAUZE Gauze Sponges 4 x 4 -NS 4X4 8-PL Y KEN PK408 4X4 Same-Non-woven- #6-4 I OOs I Sleeve 200 -C ARD INAL $9.49 8PL Y200/PKG $3.26 8ply $2.88 No Bid No Bid No Bid No Bid ~KU U N UOq -I N"t: PO ROUS ADH WHT I INX IOYD 12 PVL - JORGENSEN S tandard Porous Tape I " LABORATORIES PTI l 'X IO YD Same-Kendall -Sold #6-5 X 360" I Roll INC S l 6.90 12/BOX $11.02 as a 12 count $16 .95 No Bid No Bi d No Bid No Bid Covetr us North America, LLC Mtd-Vel lnltrnational Midwtst Vderina ry Su ppl y, Zoe tis Clean Spa<e Pro'ect, LLC # Items 1QTY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price ~lru 0073 19- BLADES SS STERILE 10 BX I OO Bard Parker Sterile Surgical blades #I 0, PVL-RIBBEL Scalpel Blade# I 0- #6-6 100/box I Box INTERNATIONAL $19.00 ZB I O $13.99 50count-#371210 534.19 No Bid No Bid No Bid No Bid Sku 007322- BLADES SS STERILE 15 BX I 00 Bard Parker Sterile Surg ical blades # 15, PVL-RIBBEL Scalpel Blade# 15- #6-7 100/box I Box INTERNATIONAL $18.99 ZBI5 Sl3.99 50count-113 7 1215 539.07 No Bid No Bid No Bid No Bid Sku 071125- GLOVES EXAM LATEX PF PC SM mVet Latex exam Powder Latex gloves -I OOCT PVL-SRI gloves, powder free , I 00s: Small, Medium, TRANG GLOVES small-1 OOcount- #6-8 Large I Box !(THAILAND) CO $11.84 AHSPFS SMALL $10.99 #10771 ADI 58.18 No Bid No Bid No Bid No Bid !Sku 055167 -jPH-CHLOR4-GAL CHLORHEXQ CHLORHEX4% Pro-Tee Chlorseptic SCRUB 2% GALLON SOLUTION/SCRU 4% with Aloe Vera-Nolvasan Surgical #6-9 Chlorhexidene Scrub I Gallon -VEDCOINC $45.09 B $43 .64 I Gall on-1159003 $23.63 Scrub. I eal $ 126.95 No Bid No Bid '~KU U/LO~O - AUTOCLAVE INDICTR TAPE STM 112"PVL-Comply Stearn TIANCHANG JIARUI Autoclave Indicator PACKAGING Tape lend free- #6-10 Autoclave Tape Y," I Roll MATERIAL S2.94 AUTOTAPE I/2 $5.99 0.5'x60ud S3.98 No Bid No Bid No Bid No Bid ~KU U509LO -LA~ f PADDING SYNTH Wcbril Cast 2X4 YO BG24 PVL-CCP2 COTTON Padding 2'x4yards #6-1 1 Cast Paddine 2" I Bag HENRY SCHEIN INC S5.83 2'X4YD 12CT $7.99 24count-111418 $15.64 No Bid No Bid No B id No Bid ~~~-u 056930-CAH PADDING SYNTH Webril Cast 4X4YD BG I2 PVL -CCPD COTTON Padding 4 'x4yards #6-12 Cast Paddine 4" I Bae HENRY SCHEIN IN C $5.65 4' X4YD 12/BAG $12.99 12count-#3175 5 15.86 No Bid No Bid No Bid No Bid ~~·-u UOLjUO - TUBULAR STRETCH BANDAGE 2 .5CMX6.5M -Dynarex stretch JORGEN K.RUUSE gauze 2'x4 .1 yard #6-13 Stretch Gauze 2" I Bag AJS $12.36 492Z $2.75 12count-113 102 S l .27 No Bid No Bid No Bid No Bid Dukal gauze stretch 4 'x4 .I yard 12count #6-14 Stretch Gauze 4" I Bag No Bid No B id 494Z $4.75 #DUK 8519 52.99 No Bid No Bid No Bid No Bid ~~lru OOIObb- AUTOCLAVE TUBE HT SEAL 3'X IOO' ROLL -MEDICAL ACTION #6-15 Sterili zation TubinA 3" I Roll INDUSTRIES INC $8.97 TUBE3 3'XIOO' $5.85 Same-I 00' roll $20.25 No Bid No Bid No Bid No Bid c ovetrus North Amer ica, LL c Med-Vct International Midwest Veterinary S upply, Zoetis Clean Space Project, LLC # Items TY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Pri ce >KU UUIOO/· AUTOCLAVE TUBE HT SEAL4"XIOO' ROLL -MEDICAL ACTION #6-16 Sterilization Tubin~ 4" I Ro ll INDUSTRIES INC $10.22 TUBE4 4" X 100' $9.95 Same-I 00' roll $23.75 No Bid No Bid No Bid No Bid >KUUJUU I •U:.O TUBE CONE PLYSTR 15ML JOR546E 15ML. I OOCT -JORGENSEN CENTRJFUGE Centrifuge Tubes LABORATORIES TUBE, ROUND #6-17 d isposable !Sec I 00/box I Box INC $18.68 BOTTOM $26.60 Same $17.70 No Bid No Bid No Bid No Bid Nitri le Powder free mVet Nitrile exam gloves; Small & Medium glo ves powder free I 00/box, Standard gloves, NITRILE-M black small- #6-18 no spec ific color I Box No Bid No Bid MEDIUM $6.99 I OOcount-# 14371 $6.71 No Bid No Bid same S4.90 ~lru U321UU-ULTRA CLNR CLEAN/SMPL JOR649 Topi-Zyme or equal CSUI I GALEA-ENZYMATIC Instrument cleaner in strument cleaner TUTTNAUER USA INSTRUMENT lubricant-1 gall on- #6-19 concentrate) I Gall on CO LTD $697.50 CLEANER $88.00 #3 -710 $27.99 No Bid No Bid No Bid No Bid >KU UJ/4" • INSTRUMENT LUBE MILK BATH MLX GAL -INTEGRA #6-20 In strument Milk/lubri can t I Gall on MILTEX $38.28 ILG $28.41 Same-Concentrate $46.00 No Bid No Bid No Bid No Bid >KU U)OLOL • AHl' RESCUE LIQ RTU FORMULA !GAL-Rescue Concen trate CLIPPER Gallon DISTRIBUTING CO Manufacturer #6-21 Accel I Gallon I Each LLC $14.60 No Bid No Bid Item:23305-00I C $39.69 No Bid No Bid No Bid No Bid >KU U I OU)J -ANt:.> BAG WN AL VE 0.5 Ll JOR J248EDI - JORGENSEN LABORATORIES JOR249A 0.5L #6-22 Anesthesia bags 0.5L I Each INC $14.10 DISPOSABLE $2.82 Same $17.81 No Bid No Bid No Bid No Bid >lru U IOUO)-ANt:.> BAG DISP 1.0 LITER J249B EA- JORGENSEN LABORATORIES JOR249B #6-23 Anesthesia bags I.OL I Each INC $7.54 DISPOSABLE $2.84 Same $17.45 No Bid No Bid No Bid No Bid Sku 069785 -ANES JOR249B2 BREATH BAG 2L -DISPOSABLE #6-24 Anesthesia bags 2 .0L I Each MID MARK CORP $42.00 2LITER $3.60 Same $18.75 No Bid No Bid No Bid No Bid >KU U I OUOO • ANt:.> BAG DISP 3.0 LITER J249C JOR EA - JORGENSEN JOR349C LABORATORIES DISPOSABLE #6-25 Anesthesia bags 3.0L I Each INC $7.52 3LITER $3.50 Same $19.23 No Bid No Bid No Bid No Bid Sku 069782 -ANES BREATH BAG 5L- #6-26 Anesthesia bags S.OL I Each MIDMARK CORP $42.00 No Bid No Bid Same $20.16 No Bid No Bid No Bid No Bid Cove tru s Nortb America, LLC Med-Vet Jnternational Midwut Veterinary Supply, Zoetis C lean Spacr Projrct, LLC # Items QTY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price [~lruUW:l~4 • CLIPPER SPRAY C lippercide or e qual CLIPPERCIDE BSA clipper Blade 150Z •-KJNG Oster Clipper Blade #6-27 cleaner/lube/disinfectant I Gallon RESEARCH $7.86 CLIPPERCIDE $7.86 Wash-18oz 55.53 No Bid No Bid No Bid No Bid ~ICU UOOJJ • KJW t.t.~ TAGS ALUMINUM 200CT -STONE RABIESTAG23 Rabies tags blank Rabies Tags, 200/box, MANUFACTURING BELLSHAPE 2023 grcrn bell #6-28 circular, engraved I Box &SUPPLY CO $83.22 IOO CT Sl8.65 nJuminum 564.00 No Bid No Bid No Bid No Bid ~lru U40UU • DERMATOPHYTE Dennatophytc Mini Plates DTM MINI PLATES Bi-Piatc Duo (Not lidded jars) -(List 6CT-SHELBY Dennntophytc- #6-29 uantity per box) I Box SCIENTIFIC IN C S l 2.64 No B id No Bid I Ocount-#20 165 525.06 No Bid No Bid No Bid No Bid ~lruU/1 14 /· MSCOPE CVR SLP GLS 22X22 SZ2 I OZ PVL • Y ANCHENG mVet Microscope HUlDA IMP.& MIC ROPLAIN Slides, plain- #6-30 Glass S lides (no n-frosted) I Box EXP.CO ., LTD. $2.99 72PC $3 .35 72count 52.24 No Bid No Bid No Bid No Bid Sku 058315 - SHARPS CONTAINER 5 QT BALANCE EA PVL -SHARP-IG I #6-3 1 S harps Container 5qt I Each OAKRIDGE S4.93 GALLON SIZE $5.82 Same-5.4 quart 57.36 No Bid No Bid No Bid No Bid Sku 037973 • SHARPS CONTAINER 8.2QT REDBDKEA - BECTON SHARP-2 2 #6-32 Sharps Container 8qt I Each DJCKJNSON & $1 1.04 GALLON $7.28 Same S4.97 No Bid No Bid No Bid No Bid ~ICU U /JJOJ • MA~II. SURG TIE-ON NS BLUE 50CT PVL - Disposable tie -o n surgery ZHENDE MEDICAL Tic-On M as ks 3ply- #6-33 masks 50/Box I Box [(HK) CO., LIMITED $12.42 MASK-T S I 0.94 50count-#J0731 5 15.67 No Bid No Bid No Bid No Bid I ~"" UtJ OOJ-~l Air DIP QK REFIL KJT 3X500ML PVL • - JORGENSEN LABORATORIES #6-34 Dip Quick Stain (set of 3) I Set INC $55.03 JOR322 3X 180ML $51.04 Same-180ml $36.45 No Bid No Bid No Bid No Bid ucnnASSISt Latex Sku 056813 • GLOVE Surgical glaves SURG SYN CRJT C R powder free sterile - SZ 6 .5 50 PVL -50pair-#IHC #6-35 Size 6 .5 Surgical Gloves I Box HENRY SCHEIN INC $97.27 SG6.5PF $38.79 133650 $30.69 No Bid No Bid No Bid No Bid I~KU UI)/OJ -lJennAsSISt Latex GLOVESSURG Surgical glavcs POL YISPR PF 7 .5 po wder free steri le- 25PR KRU -JORGEN 50pair-#IHC #6-3 6 Size 7.5 Surgical G loves I Box KRUUSEAIS $98.68 SG7.5PF $38.79 133750 $30.69 No Bid No Bid No Bid No B id Covctrus No rtb Amtrica, LL C Med·Vet International Mid wes t Velerina rv Suoolv, Zoe lis Clean Spa ce Project, LLC # Items TY UM Comm ents Disc Price Co mments Disc Pri ce Comments Disc Price Comments Di sc Price Comments Disc Price uermASSISI UlteX Sku 075780 -S urgical Gloves GLOVESSURG Powder Free Steri le POL YJSPR PF 6.0 S ize 6 25 PR KRU -JORGEN 50 pair #6-3 7 Size 6 Surgical Gloves I Box KRUUSENS $98.68 SG6PF $38.79 #IHC 133600 $30.69 No Bid No Bid No Bid No Bid ~KU U /Y/HL -u e rmASSISt Latex GLOVES SURG S urg ical glaves POL YJS PR PF 7.0 powd er free sterile- 25 PR KRU -JORGEN 50pa ir-#!HC #6-38 Size 7 Surg ical Gloves I Box KRUUSENS $98.68 SG7PF $38.79 133700 $30.69 No Bid No Bid No B id No Bid ~KU ULJHJY -ANt~ ABSORB CARB O LIME C HT 5 GAL-SUMMIT Sodasorb (List sizes FIN ANCIAL #6-39 avail able) I Gallon RESOURCES LP $104.74 JOR553 3 LBS $14 .69 Samc-3# Bag Sll.25 No Bid No Bid No B id No Bid ~KU UJ 1477- VETERIN ARY SURG mVet Surg ical ADHES IVE 2ML PVL Adhesiv e • -C P MEDIC AL Rivcrbond-3 ml - #6 -40 Tiss ue adhes ive I Each CORPORATION $14.03 VG3 3G BOTTLE $13.81 #TA-03 $15.87 No Bid No Bid No Bi d No Bid ~KU UUO UHO • AN t~ GAS FILTER CANISTER EA PVL - Clean Air or F-Ai r or DEE VETERINARY #6-4 1 encri c can isters I Each PRODUCTS LLC $9.33 F-AJR $32.17 C lean Ai r $5.10 No Bid No Bid No Bi d No Bid i >k'll UU II H -,U BRAUNAMID #3 NONE 50M C ASS • - Suture Cassettes -3-0, 2-JORGENSEN PG30 PG A Ve tacry l Su ture 0, 0 Vicryl or equal LABO RATORIES CASSETTE, 3-0 Vio let Cassette 3-0, #6-42 en cri c suture I Each INC $55.24 15M S29.95 25m-#PG30 $72.80 No Bid No Bid No B id No Bid Sku 029247-SUT PDQ VI OLET 3-0 Po ly-Dox Suture Suture Cassettes-3-0, 2-2 5M CASS -CP PD30 3-0 PDO C iolet Cassette 3-0, #6-43 0 , 0 PDS o r equal suture I Each M EDICAL $78.23 CASSETTE 15M S39.60 2 5m-#SMC30 $86.59 No Bid No B id No B id No Bid S uture Cassettes 3-0,2-MF30 NYLON Surgamid S uture 0, 0 Ethilon or equal CASSETTE, 3-0 , Bl ue Cassette 3-0, #6-44 suture I Each No Bi d No Bid lOO M S31.00 I OOm-# 1360008 $53.09 No Bid No Bid No B id No Bid I ~Kll UUL YY4-m Vet ,urg1ca1 WRAPPER INSTRU Ins trum ent Wrap C loth In strument Dra pes 30X301N WA EA -Blue 30' x 30' #6-45 Non-fen estrated 30"x30" I Each KVPINC $16.87 W3030 S7.22 #MVIW3030 $9.60 No Bid No B id No B id No Bid Instrum ent Wrap C loth 4-Qua rter Drapes, 18" x 18" Each #6-46 16"x l 6" I Each No Bid No Bid No B id No Bid #W I $9.19 No Bid No Bid No Bi d No Bid Sku 002038 -TUBES Tomcat S il icone FEEDING 3 .5FR RR Ure thral Catheter Red Rubber Catheters, 16IN SHW EA -3.5 fr 5' Open End #6-47 3.5fr 1 Each C ARDINAL HEALTH $1.73 No Bid No B id #TM350E S20.10 No Bid No Bid No B id No Bid Covetrus North America, LLC Med-Vet International Midwest Veterinary S upply, Zoetis C lean Space Pro· eel, LLC # Items TY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Di sc Price Comments Disc Price ICiearVtew foley Sku 002039 -TUBE Silicone Catheler FEEDING SFR RR 5fTx l 2' w/J.Occ 161N SHW EA-Balloon Pink- #6-48 Red Ru bber Catheters. SIT I Each CARDINAL HEALTH $1.73 No Bid No Bid #CFC530 $25.14 No Bid No Bid No Bid No Bid ~ICU UULU4U ·TUBE~ FEEDING 8FR RR Canine urinary 161N SHW EA-Catheter 8fTx20'- #6-49 Red Rubber C atheters, 8ft I Each CARDINAL HEALTH $1.73 CATH8-R $1.22 #JO I 54M $1.75 No Bid No Bid No Bid No Bid Sku 002041 -TUBES FEEDING JOFR RR Canine ur inary Red Rubber Catheters, 161N S HWEA -Catheler 10fTx20"- #6-50 l Oft I Each CARDINAL HEALTH $1.73 CATHJO-R $1.16 #JOI54L $2.50 No B id No Bid No Bid No Bid ~"" uuu•Jo -~u NDL REG 3/SCJR CUT EDG SZI4 12CT 3/8 Circle reverse 3/8 circle cutting edge -CINCINNATI cutting size 14 surgical needles; Size 14 ; SURGICAL surgeons needle- #6-51 6 pack I Package COMPANY $18.85 No Bid No Bid 6count-# 1822-14R $9.75 No Bid No Bid No Bid No Bid JtlS t1rc e reverse cutting size 3 eye needle-6count- 3/8 circle cutting edge choice of sizes are surg ical eye needles; 6 1,2,3, or 4-# 1830- #6-52 I pack I Package No Bid No Bid No Bid No Bid I R.2R.3R. or 4R $9.75 No Bid No B id No Bid No Bid Sku 060067 -SYR Exel Syringes SOFTPK 3ML 22X3/4 w/necdle 3cc LL JOOCT PVL -22gx3/4" LL- Needle/syringe 22 x '!."-JIANGSU CAINA I OOcount-#EXE #6-53 3 cc luer lock ; I 00/box I Box MEDICAL CO LTD $1 0.8 6 AH03 L22 19 $9.0 5 26115 $7.57 No Bid No Bid No Bid No Bid ,~ICU UOU/'" • ~ rK SOFTPK IML TB 25X5/8 LS I OOCT PV Dynarex Tuberculin Tuberculin SHANGHAJ KINDLY syringe w/needle syringe/needle , I cc, 25 ENTERPRJSE DEY I cc 25gx5/8"- #6-54 auee (25e x 5/8")-IO Os I Box GRP $17.24 AH OIT25 16 $11.63 I OOcount-#6937 $9.00 N o Bid No Bid No Bid No Bid I ~I<U UOUIJ I -~YK SOFTPK 12ML NO NDL LL I OOCT PVL - Syringes, 12 cc, luer lock JIANGSU CAINA 26265 I 0-12CC #6-55 50/box I Box MEDICAL CO LTD $18.58 EXEL SYRJNGES $22.46 Same -80 count $23.12 No Bid No Bid No Bid No Bid I ~"" uou /JO-SYR SOFTPK 6ML LS IOOC T PVL -AHOS L SCC LL Ideal Syri nges 6cc JIANGSU CAINA SYRJNGES, LS Soft pack- #6-56 Svringes only-6 cc-50s I Box MEDICAL CO LTD $13.4 1 I OOCT $11 .6 3 I OOcount-#911 0 $17 .65 No Bid No Bid No Bid No Bid I~ICU UULU LY-~ 'K DISP 3ML ORAL MED W/CAP SHW O ra l Syringes-3 cc -10 0-CARDINAL #6-57 IOOs I Box HEALTH $21.10 B-D3 05210Z $32.79 Same $18.37 No Bid No Bid No Bid No Bid 1 ~KU uJ qY J U-~YK DISP IMLORAL NON6500 1Z MED W/CAP SHW ORAL SYRJNGE, Oral Syringes-I cc -I 00 -CARDINAL C LEAR,IML #6-58 IOOs I Box HEALTH $18.23 50/BOX $12.44 Same $17.21 No Bid No Bid No B id No Bid Covdrus North America, LL C Med-Vet Internat ional Midwest Veterinary Supply, Zoetis Clean Space Pro'ecl, LLC # Items TY UM Comments Disc Price Comments Disc Pri ce Comments Disc Price Comments Disc Price Comments Disc Price ~ICU UbU /bJ • NUL SOFTPK 25X5/8 IOOCfPVL -25gx5/8' -Dynarex SHANGHAI KJNDL Y AHS25 16RN peel pack po lyhub Needles only, 24 x 5/8" -ENTERPRISE DEY 25X5/8 NEEDLES. needle 25gx5/8'- #6-59 IOO s I Box GRP $4.91 IOOCT $5.16 I OOco unt-#6972 $8.26 No Bid No Bid No Bid No Bid ~KU UOU/0, • I'UL SOFTPK 22X I I OOCT PVL -SHANGHAJ KJNDLY Needles only, 22 x I -ENTERPRISE DEY #6-60 I OO s I Box GRP $4.92 AHS2225RN $5.16 Same-Exel $4.29 No Bid No Bid No Bid No Bid ~~KU UOUIO< ·N UL SOFTPK 20X I I OOCT PYL -S HANGHAI KJNDLY Needles only, 20 x I -ENTERPRISE DEY #6-6 1 I OOs I Box GRP $4.92 AHS2025RN $5.16 Same-Dynarex $3.75 No Bid No Bid No Bid No Bid Sku 060758 -N DL SOFTPK 20X I -1/2 IO OCT PYL - SHANG HAl KlNDL Y Need les only, 20 x y,-ENTERPRISE DEY #6-62 I OOs I Box GRP $4.83 26431 $6.70 Same-Enguage $4.50 No Bid No B id No Bid No Bid I~KU UUUU'I-~I MYLC· TEAR BDG BRIGHT 2IN 36CT PYL -Same-m Yel SUZHOU Cohesive wrap MEDSPORT OF2BX 2' 2"x5yds neo n co lor 2" vet wrap mult i-color PRODUCTS CO., COHESIVE TAPE p ack-36count- #6-63 ack I Each LTD. $44.36 36/BOX $28.22 #070 11 PK $38.06 No Bid No Bid No Bid No Bid Sku 058569- COLLAR ELIZ 7.5CM mVet Can ine c- CLR 5PKPYL-coll ar basic clear #6-64 E -Collars (Li st sizes) I Each JORGEN KRUUSE $9.94 EC7.5 SIZE 7 .5 $3.60 15cm-#MYBC4 15 $1.69 No Bid No Bid No Bid No Bid 6" Silver Nitrate #6-65 Applicators I Box No Bid No Bid RXSNA6 $25.48 Same $19.89 No Bid No Bid No Bid No Bid !Sku 000292-KMR KITTEN POWDER PAG 120Z -PET-AG, #6 -66 KMR powder 12oz I Each INC. $18.37 PH-KMR-12' $17.26 Same $14.23 No Bid No Bid No Bid No Bid SICU 02J205 -KMR KITTEN POWDER PAG 280Z -PET-AG, #6-67 KMR powder 28oz I Each INC. $36.72 No Bid No Bid Same $28.44 No Bid No Bid No Bid No Bid !Sku 000282 - ESBILAC PUPPY POWDER PAG 120Z #6-68 Esbilac powder 12oz I Each PET-AG INC . $17.00 PH-ESBILAC-12 $17.25 Same $13.16 No Bid No Bid No Bid No Bid 1 ~1ru uuJoJ7- ESBILAC PUPPY POWDER PAG 280Z #6-69 Esbi lac powd er 28oz I Each PET-AG, IN C. $35.68 No Bid No Bid Same $27.64 No Bid No Bid No Bid No Bid PH-CLIN ICARE 80Z FEL INE Nutri-Cal 4 .25oz #6-70 Clini care I Each No Bid No Bid LIQUID DIET $6.60 #4 11 557 $9.13 No Bid No B id No Bid No Bid Covetrus North America, LLC Med-Vet International Midwest Veterinary Supply, Zottis Clean Space Pro· eel. LLC # Items [QTY UM Comments Di sc Price Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price ~lru U7U:lbU -IV ~I:. I 105" BUR 60DP GRAVITY 5CT PVL- POL YMEDICURE #6-7 1 Drip seiS ( 15 drops/ml) I Each LTD $28.84 IV IS $1.88 Same-mYel 80" $1.33 No Bid No Bid No Bid No Bid Slru U702H I -CATH IV SOFTPAK PUR Surflash IV 24X3/4" I OCT PVL -Catheter 24 ga x POL YMEDICURE C l2420 N IPRO, 3/4" #6-72 IV catheter.; 24~ I Each LTD $8.37 24X0.75" 51.21 #SRFF24 19U $1.66 No Bid No Bid No Bid No Bid >KU U/ULOU-L.AJH IV SOFTPAK PUR 22X l " I OCT PVL-Surflash IV POL YMEDICURE Cl2225 N IPR022 Cath eter 22 ga x I" #6-73 IV catheter.; 22~ I Each LTD $8.37 X I " $1.21 #SRFF2225U $1.66 No Bid No Bid No Bid No Bid ~KU U/UL/~ -L.A I H IV SOFTPAK PUR 20Xl" I OCT PVL-Surflash IV POL YMEDICURE C l2025 NIPRO 20 Catheter 20 ga x I " #6-74 IV catheter.; 20~ I Each LTD $8.37 X I " $1.21 #SRFF2025U $1.66 No Bid No Bid No Bid No Bid ~•u vooV'to-rr ru FEL FORTIFLORA SUPPLMT 6X30CT - NESTLE PURINA PETCARE PHV-FORT I- #6-75 Feline Forti Flora I Box COMPANY $1 13.86 FELINE 30PKTS $174.22 Same $1 13.94 No Bid No Bid No Bid No Bid OKU VOV't l < • UVWI' Disposable gown s for ISO DISP POLY isolatio n (List quantities)-COATBLUNIV mVet AAMI Level Standard , no specific CS50 -JORGENSEN AHSSGL 2 Isol ation gown specifications or color. LABORATORJ ES STERILE LARGE universal yellow- #6-76 Las t AOWns were blue I Box INC $153.68 SURGEON GOWN $4.49 I Ocount-#70460 $10.94 No Bid No Bid No Bid No Bid ~KU VOOO>O • UVWN ISO DISP NONSTER Isolati on Gowns Level 4 Di s pos able YLW UNIV CS50-with E lastic C uff Isolatio n Gown-Open JORGENSEN D iscposable 30" x Back Wai st Ties-Yellow LABORA TORJES 42" -50 count #6-77 Li st quantitie s) I Each INC $113 .82 No Bid No Bid #86793 $47.19 No Bid No Bid No Bi d No Bid 30cc s terile glass bo ttles with inj ection ports (List #6-78 [quantities) I Box No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid ~KU v•o< FLUORESCEIN 1- GLO OP T .STRJP JOR 1-Gi o Fluo rescein I 00 -JORGENSEN JORII 91 1-GLO Ophthalmic Sye LABORATORJES OPTHALMIC Strips-I OOeount- #6-79 Flu orescence stain strips I Box INC $14 .29 STRJPS $16.58 #JII 9 1 $13.50 No Bid No Bid No Bid No Bid Sk-u 074359 - SECURJTY HND SANITZER W/PMP Compan ion Hand IG PVL•-NEOGEN Sanit ize r 7 oz #6-80 Hand San iti ze r I Gall on CORPORATION $54.52 No B id No Bid #490909 $4.42 No Bid No Bid No B id No B id Covdrus North America, LLC Med-Vel Internation al Midwesl Velerin ary Supply, Zoe tis C lean Space Pro eel, LLC # Items I QTY UM Comments Disc Price Comments Disc Price Comments Disc Price Comments Disc Price Com ments Di sc Price Sku 074363- SECURITY FOAM ANTBAC HND SOAP Dial Hand Soap IG PVL-NEOGEN HHABSPG 4 Sens it ive Skin-I #6-8 1 Anli-Baclerial Hand Soap I Gallon C ORPORATION $15.45 GALLON/CASE $78.53 I gallon $21.86 No Bid No Bid No Bid No Bid From: To: Subject: Date: Leigh Ann, Schaller T@yls Corrigan Leigh Ann Bid Process Monday, March 6, 2023 3:16:22 PM I have reviewed the bid worksheet over the past few weeks and have found that Zoetis and Midwest Veterinary seem to have the majority of bids for the bulk of what we order. The past few years have been difficult having more vendors involved as each requires many documents of licensure and other paperwork for different products. My preference this year would be to give the bids to Zoetis and Midwest Veterinary as they have the majority of products and have good customer service to make the paperwork less time consuming. Thank you, Dr Schaller CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item F SUBJECT: Purchase of Fire Hoses and Equipment DATE CONSIDERED: March 20, 2023 DEPARTMENT DIRECTOR(S): __ -----;~-=-:-:F:::::::::.-.......::::::::::-7-------­ CITY ADMINISTRATOR:~~~~::L~~~~~-------- In response to IFB411 0, the Fire Department r ived bids from four vendors for fire hoses and equipment. After reviewing the bid proposals submitted by Feld Fire, Carroll , lA; MacQueen Emergency, Eureka , MO; Municipal Emergency Services, Sandy Hook, CT, and Sentinel Emergency Solutions, St. Louis , MO, the Fire Department recommends proceeding with Feld Fire . Their proposal was the lowest and best bid for this equipment at $114,296 . FISCAL YEAR 2023 BUDGET Expenditure General Fund: 10-400-572021 Purchase of Equipment-ONE TIME $102,866.40 Sales Tax H: 46-990-575002 Fire Equipment Replacement $11,429.60 FINANCE DEPART MENT P URCHASI NG DIVISION SUBJECT: Bid IFB4 II O-Fi r e Hoses and Equipment Fire Department, Opened February I6, 2023 RECOMMENDATION: Staff recommends awarding bid IFB4 II 0 for fire hoses and equipment to Feld Fire of Carroll , Iowa. T h is bid co nsisted of2 I -l ine items . Only lines 1, 2, and I I are be in g awarded. T he bids were awarded to the low overall bid. The total amount of the expenditure is $II 4,296. BI DS RECEIVED: Feld Fi r e, Carroll , lA MacQueen Emergency, Eureka, MO Mun icipal Emergency Services, Sandy Hook, CT Sentine l Emergency Solutions, St Louis, MO See the attached spreadsheet for a ll l ine items. Bid Amounts for Awarded Line Items $117,696.00 On ly bid item 11 $I43,3I7.83 $I27,586.70 This bid was advertised in th e News Tribune on 2/1123 and posted on Bonfire. Bid notifications were sent to 10 I vendors and there were I 3 document takers. F ISCAL NOTE: Expended or Account Number Description FY 2023 Budget Encumbered Bid Amount Balance Amount Purchase of 10-400-572021 Equipment, O ne Ti me, $141,576.18 $36,242.11 $102,866.40 $2,467 .67 Gene r a l Fun ds Fi re Equipmen t 46-990-575002 Rep lace m ent, Sa les T ax $56,250.00 $0 $11,429.60 $44,820.40 H Bid Total $114,296.00* *Amount differs from the bid amount because F ir e Department is ordering a lower quantity than what was bid ATTACHMENTS-SUPPORTING DOCUMENTATION Bid Tabulation· IFB4110 ·Are Hoses and Equipm ent Opened-February 16, 2023 Feld Fire MacQueen Emeraenc Munlcl al Emer 1ncy Services Sentinel Em er enc Solutions Items UM e.t Qtv Comments Delivery Unt i Price Total Cost Comments Delivery Untl Price Total Cost CommentJ Delivery Unt i Price Tota l Cost Comments Untl Price Total Cost 5" Supply Hose, 100' RCS0.450· Sect ions, St ort 100' STORZ, VENDOR Information •0-1 Sections 100 ATI/Kurivama 10·12 JRSOOV l OO·SZSOOS We eks 570 7.60 $70,760.00 No Bid No Bid No Bid No Bi d M ATEX NX50.1QO.m. MATEX: NXSDY· 100-STZ·MATEX 60 5835.29 583,529.00 KEY not provided $800.77 $80,076.70 2S Attack/Supply ATI/Kuri~ma 1Q..12 MATEX DP25CqCOLOR)· #0.2 Hose, SO" Sections SO' Sections 100 HP250x050-NH2S·S Weeks $340 $34,000.00 No Bid No Bld No Bid No Bi d 50-ARN 60 ATI/Ku ri~ma 1.75'" Attack Hose, HP17Sx050.NH150. 10.12 MATEX OPlBCC(COLOR}· #0-3 SO" Sections 50' Sections 60 S Weeks $259.20 $15,552.00 No Bid No Bid No Bid No Bid SQ..ARN 60 so· or 100' Sect ions Forestry/Wildland (Specify #0-4 Hose, 100' Sections Lenath) Akron 1.5" Mi d· Ranae AJsault lip, #0-5 Style 4866 Each Akron, Shut-off with Pistol Grip, with #0-6 15/16 o rifice hch Rice Hose Test ina #0·7 Machine Each TFT 5'" Stort #0-8 Wrenches hch Elkhart Brass #Q..9 Standpi pe Baa RoliN Rack LDH s~ Each #0-10 Hose Roller Each Hlah Rlse Pack Tool "Q..ll Kit Each 5• Female NST X 5• #0-12 Riald Stort Each lnllne Pressure #0·13 Gauae #0..14 Drain Elbow Each Each h ch ATI/Kuriv ilma 55H75YJOOG 3/4 • x EXCEPTION -1• diameter. M ATEX FLA5H POINT FORESTRY SPY10PUY-1QO. 20 100' w/Guden Hose Connections, Yellow 10.12 Treated Weeks 594 $1,880.00 No Bid No Bid No Bid No Bid ARN·MATEX 60 704064 22 Akron 48 66 10Weeks $436 $9,592.00 Akron 56 days 523.29 5512.38 4866-AKRON 30 Akron 24321·1/2• Saber Shut·Off Akron Ul tra AKRON w/Pistol Gri p 2433 • Jet Model SBR TIP SO 1.5NH 22 Orlice 15/16• 10 W eeks $327.50 $7,205.00 1820 8 Weeks $1,242.95 $27,344.90 X 1.SNH 15/16D# 30 FH·10.B, Bria&s Motor FH-1-H, 8 • 10 FH10.B RICE HYDRO Honda Motor Weeks 55.031.00 $5,031.00 w/Adapters 8 Weeks SS.306.39 55,306.39 FH10.H TFT A3090 Jumbo A3800 TFT 11 Spanner Wrench 8 Weeks $30.50 $335.50 AdjustJble 1 1 Week $140 $1,540.00 A3090.TFT 11 Elkhart 1681 8001 Baa Only 8 Weeks 5196 $2,156.00 No Bi d No Bid No Bid No Bid No Bid No Bi d Elkhut 80035001, lnlcudelnline Pressure Giiu&e, Drain Elbow, Ga te Task Force No Bi d No Bid No Bid No Bid No Bid No Bid ELKH ART 80035001· ELKHART EXCEPTION- GROVES LOHW-GRV Valve, 1ncreue,(2) Tips HI· Rise· TFT 11 Spanner Wre nches 8 Weeks 51,176.00 512,936.00 E 2 Weeks $1,526.30 $16,789.30 HIGH·RISE·R Action Coup!inas HARRINGTON HSFSS0·50NHLH· 70 40 90 90 90 11 TFT AA1ST·NT 6 Weeks $260.50 $2,865.50 AA137 8 Weeks: $309.60 53,405.60 HARRINGTON 90 11 11 Elkhart lf00688201 Included 228A, 1·1/r lnline i n Hiah Pressure Gauge Rise Pack Elkhart #:00465001 Included 10SA, 1·1/2• Drai n i n Hilh Elbow Rise Pack Included Elkhart #003810 1 In Hl&h Elkhart 228A $3 15 53,465.00 00688201 8 Weeks Elkhart 10SA 5247 $2,717.00 BN573 8 Weeks El khartx86A 11 G11te Valve Rise Pack $458.50 55,043.50 0038 1101 8 Weeks ElKHART (228A) 00688201- 5400.68 $4,407.48 ELKHART ELKHART (105A) 00465001· 60 5354.9S $3,904.45 ELKHART 60 ELKHART 00381101· 5 12S.S6 $1,381.16 ELKHART 60 DP25·1000. COMBAT, Information $417.65 54 1,765.00 VENDOR · KEY not provided $362.75 $36.275.00 OP17·1000, Information $311 .76 $18,705.60 VENDOR ·KEY not provided $292.33 517,540.00 SPECIAL ORDER, Informatio n $197.65 $3,953.00 VENDOR KEY not provided SPECIAL ORDER, VENDOR· Information $1 28.43 $2,568.50 $4 14 $9,108.00 AKRON not provided $416.06 59,153.41 SPECIAL ORDER, VENDOR · Information $350 $7,700.00 AKRON not provided 5312.73 $6,880.00 SPECIAL ORDER, VENODR ·RICE lnform11tion $6.284.15 56,284.1S HYDRO not provided 53.750.00 $3,750.00 A3090, VENDOR Information $29 5319 TFT not provided 526.36 $290.00 SPECI AL ORDER, VENDOR · Informat ion 51 ,500.32 516,503.52 ELKHART BRASS not provided 5 1,313.64 $14,450.00 SPECI AL ORDER, VENDOR· Information 51,718.27 $1,718.27 GROVES not provided 51,41 5.00 $1,415.00 Hl-RI SE·E, Information $1,638.53 518,023.83 VENDOR · TFT not provided 51,021.36 $11,235.00 AA1HST·NT, Information $297.14 53,268.54 VENDOR· TFT not provided $268.18 $2,950.00 SPECI AL ORDER, VENDOR · $352.14 53,873.54 ELKHART SPECIAL OR OER, Information not provided VENDOR · Information $110 $1,210.00 $27S.S3 $3,030.83 ELKHART not provided 5428.64 54,715.00 SPECIAL ORD ER, VENDOR· Informati on 5511.88 55,630.68 ELKHART not provided 5118.64 $1,305.00 Feld Are M~~tQuoenEal......., Munld .. IEme'l "<YSeMces Sonlb>eiEal-Sol ....... Est • ...... UM 01'1 . Qlmments Dollwrv UntiPri<e Tololeo.t CoiJIIIMints Dollvorv UnH Price T ... leo.t Comments Dollwtrv UntiPrtce Toloi Cost CoiJIIIMints Dollvorv UntiPrlc:e T ... I Cost -·, Included 5PEOAL ORCER, lnH!Bh Elkh.ln: 111A ELXHAJIT (111A) VENDOR· lntorm.tion 10-16 lncreeaer Each 11 Elkhart 1111386007 Rise Pack $09.50 P;liM;SO' 11386107 &Weeks $574.67 $6,321.37 11386107 60 $109.86 $1,208.46 EUCHART not provided $547.36 $6,021.00 8-10 ' Weekl,12 EUCHAJIT 5PEOAL ORCER, NozzJe-1.5• XD BkMrd XDt.s• If Elkhart 0033)(001-VENDOR· lnfonnltion i~ 10-17 5h111Dff Each 11 003XC0kalar '•-d $384 $4,224.00 0033XC01 4Weeks $461.33 $5.294.&3 EUCHART 60 $44S.84 $4.!104.24 EUCHART notorovlded $148.64 Elkhart, XD187·"np 8-10 -Elkhart ELKHART 10-18 Tlp-187-XC Each 11 66756007-co!or Wnks 12 $106,50 ;,$U7J.5ii 66756007 &Weeks $135.14 $1486.54 667S6007 60 511S 51,26§.00 NoBld No Bid No Bid NoB!d 8-10 1 .. EUCHART Nou5e-2.s• XD Elkh1rt XD 2.5• Wee ks,12 Elkhort 0069XD01· 10-19 ShiiiDII Each 11 0069XD0kolor If $489.50 S5.J84.5iJ 06XD0602 SWnks $1222.00 $13,332.00 EUCHAJIT 60 $582.67 $6409.37 No Bid NoBld No Bid No Bid Ellhort XC188 Tip 8·10 Elkhart EUCHAJIT 110-20 Tip-lBS-XD Each 11 66166007-color Weeks 5133 $1,463.00 6676007 4Weeks $168.92 51.858.12 66759007 60 5115 $1.2&5.011 No Bid No Bid No Bid No Bid lnduded ELICH ART In High ElkhortT-712970()().. 110-21 Spanner Wrench Each 22 ElkhortT-464 Rise Pock $28.25 SliZLSO 464 7129700 !Week $36.81 $609.82 EUCHART 60 $35.97 $791.34 No Bid No Bid No Bid No81d PURCHASE REQUISITION Items to be used fora Federal Grants/Purchase of Equipment ONE TIME P.O. No Dalt or Reqabfdon: March 7, 2023 Purchase Vendor No. 11232 Ship To From Ed M. Feld Equipment Co, Inc. Dept JEFFERSON CITY FIRE DEPARTMENT 113 N. Griffith Road Address 305 E MILLER ST Address City/StateJZip Carroll, lA 5140 1 JEFFERSON CITY, MO 65101 City/State/Zip Telephone 800-568-2403 573-634-6401 P.O. Dille Raale: I Delivery Required Pardwc Rcquisitloa No Account No. Description Qty Unit Price Amount I 0-400-572021 S" Supply Hose, I 00' Sections, Storz Couplings. 100 $707.60 $70,760.00 A TII/K.uriyama JRS007 I 00-SZSOOS 10-400-572021 2.5" Attack/Supply Hose, 50' Sections. 90 $340.00 $30,600.00 ATIIK.uriyama HP250x050-NH25-S 10-400-572021 High Rise Pack Took Kit. Elkhart 8003500 I, include 11 $1,176.00 $1,506.40 inline pressure gauge, drain elbow, gate valve, increase (2) spanner wrenches 46-990-575002 High Rise Pack Took Kit Elkhart 8003500 I, include $1 1,429.60 inline pressure gauge, drain elbow, gate valve, increase (2) spanner wrenches Tttauldbcoaat I CoallnaiDJ I~ TotAl $114,296.00 Suggested Bidders: Comments: NAME address telephone NAME address telephone ·-~~· _./' ----=---===--------Requested by: ~~ NAME address Approved by: telephone Putchulns o11061t1 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item G SUBJECT: Application for Missouri Department of Transportation , Traffic & Highway Safety Division Impaire d Driving Enforcement Grant , DATE CONSIDSERED: March 20, 2023 DEPARTMENT DIRECTOR(S): ___ --1-~~.-.....~><------------ CITY ADMINISTRATOR:_~L..::::::::~:::.....__£_.1.&:::.~~~--------- Approval of this Conse nt Agenda item would ap ove the opportun ity to apply f or the Missouri Department of Transportation , Traffic & Highway Safety Impa i red Driving (OWl) Enforcement Grant. This grant provides funds , payable at an overtime rate , for c ommissioned personnel to participate in enforcement efforts associated with OWl Enforceme nt and to provide funding for law enforcement tra ini ng . This will be the si xteenth year the Police Department has util ized a OWl Enfo rcement Grant. Th is will be a continuation of our efforts to promote traffic sa fety in the area of OWl e nforcement. Th e requested grant amount is $28 ,853 .50 and would not require th e City to match funds , nor have any future obligations . Highway Safety and Traffic Division P.O. Box270 Jefferson City. MO 65102 1-800-8()()..2358 or 573-751-4161 CITY COUNCIL AUTHORIZATION On----------· 20_ the Council of __________ _ ---------held a meeting and discussed the City's participation in Missouri's Highway Safety Program. It is agreed by the Council that the City of--------------- will participate in Missouri's Highway Safety Program. It is further agreed by the Council that the Chief of Police will investigate the financial assistance available under the Missouri Highway Safety Program for Traffic Enforcement and report back to the Council his/her recommendations. When funding through the Highway Safety Division is no longer available, the local government entity agrees to make a dedicated attempt to continue support for this traffic safety effort. Council Member Council Member Council Member Council Member Council Member Council Member Council Member Council Member Mayor -·~ Agency: Address: City: Phone: Contact: Jurisdiction: Highway Safety and Traffic Division TRAFFIC ENFORCEMENT APPLICATION October 01, 2023 throu~h SeDtember 30, 2024 (Application due by March 01, 2023) Jefferson City Pollee Dept Agency ORI#: 401 Monroe Sl Federal Tax 10#: DUNS#: Highway Safety and Traffic Division P.O. Box270 830 MoDOT Drive Jefferson City, MO 65102 M00260100 446000193 VDNHEABWLHK6 Jefferson City State: MO Zip: 65101--3120 County: Cole 573-634-6400 Fax: 573-634-8726 Sgl Doug Ruediger Email: druediger@jeffersoncitymo.gov Urban Jurisdiction Population: 43,228 Targeted Population: Impaired Drivers Project Title: Brief Description: OWl Saturation Enforcement Impaired Driving Enforcement Steve Crowell Authorizing Official Requested Amount: $28,853.50 City Administrator Authorizing Official Title Page 1 of 11 I ' --. .. PROBLEM IDENTIFICtTJON ==============~· =========== .. ··3 S!Jbslance-impalred drivers contributed to 22.0 percent of M"assouri' s traffic crashl fatalities during the past five years. Alcohol remains the primary contributor to substance-Impaired driving crashes; however, 1 the number of persons under the influence of presCription medications and/or UlfcH drugs continues to increase. Male drivers were more likely than females to be involved in substance-lmpaired driving crashes. During the past five years, males were res~nsible for 81.7 percent of substance-impaired driving fatalities. Ten percent of the children less than 15 yekrs of age, who were killed in motor vehicle crashes over the last five years, were riding with a substance-impaired driver. I Jefferson City is the Capitol of Missouri and has a total area of 37.58 square miles. The majority of Jefferson City is located inside Cole County with a small portion of the city being tn Callaway County. Thejpopulation for Jefferson City from the July 1, 2021 US Census Bureau Quick Facts, was reported to be 42,772 (estimate). However, the Jefferson City Chamber of Commerce reports that the population in Jefferson City swells to an estimated 7o!ooo people during the day and evening due to those coming from smaller, surrounding communHies to Jefferson City for wor~, shopping, dining, and entertainment. I Jefferson City has 3 major state hlghways that bring traffic through it; US 50, US 54, and US 63. The City also has several other state roadways including MO 94, MO 179, MO Route B, and MO Route C bHnging traffic In and out of Jefferson City as well. US 54 continues to be a heavUy travelled state roadway for traffic going to a~d from the Lake of the Ozarks during the spring, summer, and fall for shopping and vacationing seasons. With this number:of highways and state roads, the need for additional traffic and impaired driving enforcement to promote safe travel for motor·sts continues to be one of this Department's primary goals. Additionally, Jefferson City now has the Capital Region MU Health Care Amphitheater. This concert arena has Increased its concerts bringing popular entertainers to Jefferson City, again, increasing the ne~d for additional enforcement. The Jefferson City Police Department utilizes the Law Enforcement Tracking Syslm (LETS) to report and electronically submit Hs crash reports to the Missouri State Highway Patrol. According to statistib from the LETS system, the Jefferson I City Police Department reported to STARS, 3,204 motor vehicle crashes that invotved 6,052 vehicles during a 3-year span of 2020 -2022 with 122 of those 6,052 vehicles, or 3.2% of those involving an alcohol impaired driver and 47 or 1.2% invoMng a drug impaired driver. I For the 3-year time span, the following is a breakdown of crash types that were reported to the Missouri State Highway Patrol. ; Fatal= 9 Injury= 803 Property Damage = 2,392 Total 3,204 According to the Missouri State Highway Patrol, 2018-2020 Reporting Period, Jefferson City was. ranked the following as compared to other Missouri cities: Alcohol Involved Traffic Crashes Jefferson City -11th Alcohol Involved Disabling Injuries Traffic Crashes Jefferson City·-1oth Alcohol Involved Fatal Traffic Crashes Jefferson City -9th Alcohol and Drugs Involved Traffic Crashes Jefferson City -13th Alcohol and Drugs Involved Disabling lnjuries Traffic Crashes Jefferson City -14th Page 2 of 11 GOALS/OBJECTIVES Core Performance Measure Goals 1. Based on our goal of 0 fatalities by 2030, Missouri is projecting a five-year average target of 276.8 alcohol-impaired driving involved fatalities by December 31, 2023. The Jefferson City Police Department is committed to reducing traffic crashes and removing impaired drivers from the roadways. The Department will continue to participate in all statewide enforcement campaigns targeted at arresting those that make the choice to drive while Intoxicated. Additionally, saturation patrols will be available during times of day and days of the week that correspond with driving while intoxicated arrests as well as special events that, by their very nature, present the potential for impaired driving to occur. Driving While Intoxicated continues to be a problem that requires dedicated officers that seek out impaired drivers . Our commitment to assertively seek out and arrest impaired drivers will remain a priority. Our impaired driving arrests increased in 2022 by 33.8% (118 in 2021 to 158 in 2022). Of our 158 OWl arrests in 2022, drug impairment was included in 23.4% of our OWl arrests. Page 3 of 11 PROJECT DESCRIPTION Each month, a sign-up list for that month is posted allowing officers to sign-up for this project. The dates and times that are made available are determined by a review of past Impaired driving arrests for Time of Day and Day of Week. That information is then used for generating the sign-up Jisl Historically, the times of day and days of the week are primarily Friday and ·· Saturday nights, however, there's also an ongoing review of upcoming special events in the City as well as surrounding communities, such as county fairs and holidays throughout the year that have the potential for fmpalred driving to occur. Those types of events also contribute to the decisions made for extra overtime shifts to be made available. Page 4 of 11 SUPPLEMENTAL INFORMATION Question 1 Does your agency have and enforce an internal safety belt policy for all personnel? 2 Does your agency have and enforce a policy restricting cell phone use while driving? 3 Does your agency report racial profiling data annually? 4 Does your agency report to STARS? 5 Does your agency report MJBRS information annually? 6 Please explain any NO answer(s) to questions 1-5: 7 Have any of your officers/personnel been debarred and are therefore not eligible to receive federal funds for reimbursement of salary, fringe benefits, or overtime? B Does your agency have adequate manpower to fully expend the funds requested in this application? 9 H NO, please explain. 10 Have any significant changes occurred with your agency within the last year that would affect performance, including personnel or system changes? 11 If YES, please explain. Our Department. like most, continue to struggle with hiring officers to maintain. a full staffing level. 12 Are you aware of any fraud, waste or abuse on grant projects in your office/agency within the last 5 years? 13 If YES, please explain. 14 If your agency received Highway Safety grant funding fn the last three {3) fiscal years and there were unexpended balances. please explain why. Answer Yes Yes Yes Yes Yes No Yes Yes No Military deployments, injured officers, and the loss of officers to other employment opportunities continue to leave the Department at a lower level of staffing. This has resulted In patrol squads consistently woFking at minimum staffing. To counter the required minimum staffing levels. officers are being assigned to work on their scheduled days off. That mandatory overtime results in officers less likely to volunteer for traffic grant overtime. 15 Did your political entity receive more than 80% of its annual gross revenues In Federal Awards No in your preceding fiscal year? 16 Did your political entity receive $25,000,000 or more fn Federal Awards in,y9~r preceding fiscal No year? Page 5 of 11 17 If you answered NO to either question 15 and 16, DO NOT answer this question. If you answered YES to both question 15 and 16, and the public does not have access to this information, list the names and compensation amounts of the five most highly compensated employees in your business or organization (the legal entity to which the DUNS number it provided belongs). 18 Total number of DWI violations written by your agency. 19 Total number of speeding citations written by your agency. 20 Total number of HMV citations written by your agency. 21 Total number of child safety/booster seat citations written by your agency. 22 Total number of safety belt citations written by your agency. 23 Total number of warnings issued. 24 Total number of traffic crashes. 25 Total number of traffic crashes resulting in a fatality. 26 Total number of traffic crashes resulting in a serious injury. 27 Tota l number of speed-related traffic crashes. 28 Total number of speed-related traffi.c crashes resulting In a fatality. 29 Total number of speed-related traffic crashes resulting in a serious injury. 30 Total number of alcohol-related traffic crashes. 31 Total number of alcohol-related traffic crashes resulting in a fatality. 32 Total number of alcohol-related traffic crashes resulting in a serious Injury. 33 Total number of unbuckled fatalities. 34 Total number of unbuckled serious Injuries. 35 Total number of commissioned law enforcement officers. 36 Total number of commissioned patrol and traffic officers. Page 6 of 11 153 389 610 24 277 6 ,052 3,204 9 803 239 . 1 67 119 2 42 4 11 76 48 37 Total number of commissioned law enforcement officers available for overtime enforcement. 68 38 Total number of vehicles available for enforcement. 34 39 Total number of radars/lasers. 27 40 Total number of in-car video cameras. 31 41 Total number of PBTs. 17 42 Total number of Breath Instruments. 43 Identify primary enforcement locations. Any and all locations that have a history of OWl arrests as well as other locations that present potential impaired driving violations. These locations are typically in the downtown area, but there are restaurants and other drinking establishments throughout the City that will be considered as target locations. 44 Enter the number of enforcement periods your agency will conduct each month. 4 45 Enter the months in which enforcement will be conducted. January through December. Enforcement overtime will be posted year·round. The Spring, Summer and Fall months are obviously more active. Winter months will be Included, but road conditions sometimes result in an overtime detail being cancelled. 46 Enter the days of the week in which enforcement will be conducted. Primarily, enforcement will be Friday and Saturday nights. However, additional enforcement opportunities will be made available for officers to work that coincide with special events and holidays that have the tendency for Impaired driving to occur. Also. a monthly review will take place of OWl arrests statistics including days of the week and times of the day to determine if there Is a need to adjust overtime slgn.ups. The Department will make available overtime opportunities for all statewide impaired driving enforcement campaigns as well. 47 Enter the time of day in which enforcement will be conducted. The sign-up times for overtime DWI enforcement will primarily be 5:00 p.m. to 2:00 a.m. although these times will be flexible due to special events, holidays and historical trends for OWl arrests. 48 Enter the number of officers assigned during the enforcement period. 49 If equipment or supplies are requested to conduct this project, explain below why It is needed and how it will be used. None Page 7 of 11 1 PROJECT EVALUATION The MHTC will administratively evaluate this project Evaluation will be based, at a minimum, upon the following: 1. Law enforcement compliance with state UCR, Racial Profi6ng, and STARS reporting requirements (law enforcement contracts only) 2. 11mely submission of monthly reimbursement vouchers and appropriate documentation to support reimbursement for expenditures (I.e., personal services, equipment. materials) 3. limely submission of periodic reports Q.e., monthly, quarterly, semi~annual) as required 4. limely submission of the Year End Report of activity (due within 30 days after contract completion date) 5. Attaining the Goals set forth in this contract 6. Accomplishing the Objectives* established to meet the project Goals, such as: • Enforcement activities (planned activities compared with actual activities) • Programs (number and success of programs held compared to planned programs, evaluations If available) • Training {actual vs. anticipated enrollment, student evaluations of the class, student test scores on course examinations, location of classes. class cancellation information) · Equipment purchases (timely purchase of equipment utilized to support and enhance the traffic safety effort; documentation of equipment use and frequency of use) • Public awareness activities (media releases, promotion events, or education materials produced or purchased) • Other (any other information or material that supports the Objectives) 7. The project will be evaluated by the Highway Safety and Traffic Division through annual crash analysis. Evaluation results will be used to determine: • The success of this type of activity in general and this particular project specifically; Whether similar activities should be supported in the future; and • Whether grantee will receive funding for future projects. Evaluating the success of impaired driving enforcement is difficult. The true measure of successful impaired driving enforcement is to ~ave zero arrests and zero impaired driver crashes. A strong, clear and concise message has to be sent to the public; impaired driving will not be tolerated. To do that, officers have to be committed to seeking out and arresting those that make the choice to drive while intoxicated. Additionally, a strong relationship with the media regarding impaired driving and a commitment of the Jefferson City Pollee Department to reduce and eliminate the dangers associated with impaired driving is crucial. Each month •. a sign~up sheet for that month is posted allowing officers to slgn~up for this project The dates and times available are primarily Friday evenings and nights as well as Saturday nights. An ongoing review of upcoming special events as well as holidays throughout the year that have the potential for Impaired driving will result in additional dates and times being available. Page 8 of 11 . "· ADDITIONAL FUNDING SOURCES ,. .. i. Grant Description Project# Dates of grant Amount MO Safety Center Mini Grants Youth Seat Belt 22-M2HVE..05-032 March 15-31, 2022 $750.00 Click It or Ticket 22-M2HVE-05-032 May 23 -June 5, 2022 $750.00 Child Passenger Safety 22-M2HVE-o5-032 Sept 18-24, 2022 $500.00 MODOT Grants Hazardous Moving Violations 23-PT -Q2-062 Oct. 1, 2022-Sept 30, 2023 $26,287.36 OWl Saturation 23-154-AL -D49 Oct. 1, 2022 -Sept 30, 2023 $20,000.00 Page 9 of 11 BUDGET Category Item Description Quantity Unit Cost Total Match Total Requested Personnel Overtime and Overtime and 450 $55.23 $24,853.50 $0.00 $24,853.50 Fringe Fringe $24,853.50 $0.00 $24.853.50 Training Professional 20241ACP 2 $2,000.00 $4,000.00 $0.00 $4,000.00 Development Impaired Orfvfng and Traffk: Safety Conference $4,000.00 $0.00 $4,000.00 Total Contract $28.853.50 $0.00 $28,853.50 Page 10 of 11 ·' • 0 •• Document Type WORD Description Word ATTACHMENTS Original File Name MODOT IACP Conference training request letter.docx Page 11 of 11 Date Added 02/24/2023 .• 4 To: MODOT Division of Highway Safety and Traffic Division I am requesting your consideration for funding to send our 2 Drug Recognition Experts (ORE's} to the 2024 IACP Impaired Driving and Traffic Safety Conference. In 2022, we were fortunate to have one of our ORE's attend the conference (funded by MO Safety Center). This officer was recognized as conducting the most drug recognition evaluations in Missouri during a 3-year time span. Of course, with the passing of recreational marijuana, there is zero doubt that our impaired driving by drugs use will increase. Although I've never attended this conference, Officer Skinner, who did attend in 2022, informed me that the conference was very informative and he brought a lot of information back. With the assistance of MODOT, we can continue keeping our ORE's up to date with the latest and greatest training which allows for greater success in removing impaired drivers from our roadways. Respectively, Sgt. Doug Ruediger CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item H SUBJECT: Application for Missouri Department of Transportation . Traffic & Highway Safety Division HMV Enforcement Grant DATE CONSIDERED: March 20, 2023 DEPARTMENTDIRECTOR(S: ______ ~~F=~---------------------- CITY ADMINISTRATOR:~~::::::::::::=::::::___-£--£.4'4-~#----------- Approval of this Consent Agenda item would app ave the opportunity to apply for the Missouri Department of Transportation , Traffic & Highway Safety Hazardous Moving Violations (HMV) Enforcement Grant. This grant provides funds , payable at an overtime rate, for commissioned personnel to participate in enforcement efforts associated with HMV Enforcement. In addition to providing funds for HMV Enforcement , the grant monies can provide funding to be used towards law enforcement training. This will be the nineteenth year the Police Department has utilized the HMV Grant. This will be a continuation of our efforts to promote traffic safety in the area of HMV enforcement. The requested grant amount is $33,948.18 . $22,975.68 will be used for HMV overt ime expenses , $2,000 will be used for law enforcement training , and $8 ,972.50 will be used for equipment purchases . The grant requires a 50% match for equipment purchases . Therefore, the City is obligated to provide $8 ,972.50 to fulfill the 50% match requirement for equipment purchases . Highway Safety and Traffic Division P.O. Box270 Jefferson City, MO 65102 1-800-8()().2358 or 573-751-4161 CITY COUNCIL AUTHORIZATION On __________ , 20_the Council of __________ _ ---------held a meeting and discussed the City's participation in Missouri's Highway Safety Program. . It is agreed by the Council that the City of--------------- will participate in Missouri's Highway Safety Program. It is further agreed by the Council that the Chief of Police will investigate the financial assistance available under the Missouri Highway Safety Program for Traffic Enforcement and report back to the Council his/her recommendations. When funding through the Highway Safety Division is no longer available, the Jocal government entity agrees to make a dedicated attempt to continue support for this traffic safety effort. Council Member Council Member Council Member Council Member Council Member Council Member Council Member Council Member Mayor Agency: Address: City: Phone: Contact: Jurisdiction: Highway Safety and Traffic Division TRAFFIC ENFORCEMENT APPLICATION October 01,2023 throuAh September 30,2024 (Application due by March 01, 2023) Highway Safely and Traffic Division P.O. Box270 830 MoDOT Drive Jefferson City, MO 65102 Jefferson City Police Dept. Agency ORI#: M00260100 401 Monroe St. Federal Tax 10#: 446000193 DUNS #: VDNHEABWLHK6 Jefferson City State: MO Zip: 65101-3120 County: Cole 57~34-6400 Fax: 573-634-8726 Sgl Doug Ruediger Email: druedlger@jeffersoncltymo.gov Urban Jurisdiction Population: 43,228 Targeted Population: All Drivers Project Title: HMV Enforcement Requested Amount: $33,948.18 Brief Description: Hazardous Moving Violations Enforcement Steve Crowell Authorizing Official City Administrator Authorizing Official THie Page 1 of 13 PROBLEM IDENTIFICATION Aggressive driving can be any one of us, when we make the choice to drive over the speed limit; change lanes several times In a short distance and/or follow too closely. Aggressive driving is a costly decision, often made in an instan~ but can have lifelong consequences. According to the National Highway Traffic Safety Administration, aggressive driving is when an individual commits a combination of moving traffic offenses so as to endanger other persons or property. During the last five years (2016-2020), the combination of aggressive driving behaviors contributed to 53 percent of fatalities and 44 percent of serious injuries In Missouri. Speed-related conditions, including exceeding the speed limit and too fast for conditions, accounted for the most fatalities of all aggressive driving behavfors. Thirty-seven percent of all Missouri fatalities over the last five years were speed related. Page 2 of 13 · .... . ... Jeffer.son City is the Capitol of Missouri and has a total area of 37.58 square miles. The majority of Jefferson City is located -inside Cole County with~ small portion of the City being in Callaway County. The population of Jefferson City from the July 1, 2021 US Census Bureau Quick Facts, was reported to be 42,772 (estimate), however the Jefferson City Chamber of Commerce reports that the population in Jefferson City swells to an estimated 70,000 people during the day and evening due to those coming from smaller, surrounding communities to Jefferson City for work, shopping, dining. and entertainment Jefferson City has 3 major state highways that bring traffic through it; us 50, US 54, and US 63. The City also has several other state roadways including MO 94, MO 179, MO Route 8, and MO Route C bringing traffic in and out of Jefferson City as well. us 54 continues to be a heavily travelled state roadway for traffic going to and from the Lake of the Ozarks during the spring, summer, and fall shopping and vacationing seasons. Additionally, Jefferson City now has the Capital Region MU Health Care Amphitheater. This concert arena has increased its concerts bringing popular entertainers to Jefferson City again, increasing the need for additional enforcement. The Jefferson City Police Department utilizes the Law Enforcement Traffic System (LETS) for electronically reporting and submitting its crashes to STARS. According to LETS, the Jefferson City Police Department investigated 3,204 traffic crashes during a 3-year span of 2020 -2022. During that 3-year time period, there were 9 fatal crashes, 803 crashes involving injuries and 2,392 crashes involving property damage. Of those 3,204 crashes, there were a total of 1,1051njured persons (minor and disabling). The majority of the crashes occurring in the City are between 7 a.m. and 6 p.m., Monday through Friday. These times correlate to times where higher volumes of traffic are taking place. These crash statistics were retrieved from the LETS Reports; Crashes from Severity, Crashes by Day of Week and lime of Day and Probable Contributing Circumstances The Top 5 contributing circumstances in 2022 were: 1) Fail to Yield-19% of all crashes 2) Inattention -13% of all crashes 3) Following too closely -12% of all crashes 4) Improper Lane Usage I Change -9% of all crashes 5) Too Fast for Conditions -5% of all aashes The top 5 crash locations in Jefferson City in 2022 with 9 or more crashes were: 1) Missouri Blvd. at US 50/63 2} US 50/63 at .Broadway Sl 3) Missouri Blvd. at Heisinger Rd. 4) Southwest Blvd. at Jefferson St. 5) W. Truman Blvd. at Amazonas St. Additionally, according to the Missouri State Highway Patrol, 2019-2021 Reporting Period, Jefferson City was ranked the follo~ng as compared to other Missouri cities: Traffic Crashes Jefferson City-14th Disabling Injury Crashes Jefferson City -17th · Fatal Crashes Jefferson City -13th Speed Involved Crashes Jefferson City-31st Speed Involved Disabling Injuries Jefferson City -18th Speed Involved Fatal Crashes Jefferson City -12th Page3 of 13 Distraction Involved Traffic Crashes Jefferson City 12th Distraction Involved Disabling Injuries Crashes Jefferson City -12th .. Page4of13 GOALS/OBJECTIVES Core Performance Measure Goals 1. Based on our goal of 0 fatalities by 2030, Missouri is projecting a five-year average target of 362.4 speed related fatalities by December 31,2023. The Jefferson City Police Department will continue its commitment to reducing traffic crashes through directed enforcement in high crash locations. The Department will continue to participate in all statewide traffic safety mobilization campaigns as provided by the MODOT Highway Safety and Traffic office. That same commitment extends to the enforcement of seat belt and child restraint use. Officers will be provided with a monthly report of the high crash locations and probable contributing circumstanc;:es attached to the overtime sign-up sheet for officers to review. That information will be derived from reports that are generated from the LETS program. A concerted effort will be implemented to decrease hazardous moving violations (such as speeding, following too closely, driving too fast for conditions, improper lane use and changes, and failure to yield) by 1 0% at high crash locations during high crash times of the day and week as well as other locations where violations are occurring Page 5 of 13 PROJECT DESCRIPTION As stated fn the Problem Identification section, Jefferson City has several different highways coming through the City as well as an increased population throughout the week, primarily due to being the State Capitol. All officers of the Department are expected to conduct traffic enforcement, but with the availability of a dedicated Traffic Unit, these officers have the specific duty and responsibility of focusing on hazardous driving violations as well as Impaired driving in an effort to promote safe travel throughout the City for motorists as well as bicyclist and pedestrians. Traffic Officers have available to them the use of police department motorcycles that offer maneuverability in and out of traffic and quick response to traffic crashes and hazards. Additionally, their work schedule has been modified in an effort to maximize their availability for traffic enforcement during those times of the day during the week where traffic volumes are highesl The total number of crashes in Jefferson City reported to STARS decreased from 1,139 crashes in 2021 to 1 ,024 crashes in 2022; a decrease of 10%. There were 376 persons injured in crashes 2021 and 4 fatalities and 377 injured in crashes in 2022 and 2 fatalities. The constant effort to reduce crashes by seeking out and taking the appropriate enforcement action on those that choose to drive erratically such as speeding. following too close, too fast for conditions, falling to yield and distracted driving will continue to be a primary focus of officers within the Jefferson City Police Department. Page 6 of13 SUPPLEMENTAL INFORMATION 1 Does your agency have and enforce an internal safety belt policy for all personnel? 2 Does your agency have and enforce a policy restricting cell phone use while driving? 3 Does your agency report racial profiling data annually? 4 Does your agency report to STARS? 5 Does your agency report MIBRS information annually? 6 Please explain any NO answer(s) to questions 1-5: 7 Have any of your officers/personnel been debarred and are therefore not eligible to receive federal funds for reimbursement of salary, fringe benefits, or overtime? 8 Does your agency have adequate manpower to fully expend the funds requested in this application? 9 If NO, please explain. 10 Have any significant changes occurred with your agency within the fast year that would affect performance, including personnel or system changes? 11 If YES, please explain. Yes Yes Yes Yes Yes No Yes Yes Our Department, like most other agencies, continue to struggle with hiring and retaining officers to maintain a full staffing level. 12 Are you aware of any fraud, waste or abuse on grant projects In your office/agency within the last 5 years? 13 If YES, pJease explain. 14 If your agency received Highway Safety grant funding in the last three (3) fiscal years and there were unexpended balances, please explain why. No Military deployments, Injured officers, and the loss of officers to other employment opportunities continue to leave the Department at a lower level of staffing. This has resulted In patrol squads consistently working at minimum staffing. To counter the required minimum staffing levels, officers are being assigned to work on their scheduled days off. That mandatory overtime results in officers less likely to volunteer for traffic grant overtime. 15 Did your political entity receive more than 80% of its annual gross revenues in Federal Awards No in your preceding fiscal year? 16 Did your political entity receive $25,000,000 or more In Federal Awards In your preceding fiscal No year? Page 7 of13 '- 17 If you answered NO to either question 15 and 16, DO NOT an swer this question. If you answered YES to both question 15 and 16, and the public does not have access to this information, list the names and compensation amounts of the five most highly compensated employees in your business or organization (the legal entity to which the DUNS number it provided belongs). 18 Total number of OWl violations written by your agency. --19. Total number of speeding citations written by your agency. 20 Total number of HMV citations written by your agency. 21 Total number of child safety/booster seat citations written by your agency. 22 Total number of safety belt citations written by your agency. 23 Total number of wamlngs Issued. 24 Total num ber of traffic crashes. '· -25 Total number of traffic crashes resulting in a fatality. . 26 Total number of traffic crashes resulting In a serious injury. 27 Total number of speed-related traffic crashes. 28 Total number of speed-related traffic crashes resulting in a fatality. 29 Total number of speed-re lated traffic crashes res ulting in a serious injury. 30 Total number of alcohol-related traffic crashes. 31 Total number of alcohol -related traffic crashes resulting in a fatality. 32 Total number of alcohol-related traffic crashes resulting in a serious Injury. 33 Total number of unbuckled fatalities. 34 Total number of unbuckled serious injuries. 35 Total number of commissioned law enforcement officers. 36 Total number of commissioned patrol and traffic officers. Page 8 of 13 153 389 610 24 277 6,052 3,204 9 803 239 67 119 2 42 4 11 76 48 • 37 Total number of commissioned law enforcement officers available for overtime enforcement 68 38 Total number of vehicles available for enforcement. 34 39 Total number of radars/lasers. 27 40 Total number of in-car video cameras. 31 41 Total number of PBTs. 17 42 Total number of Breath Instruments. 43 Identify primary enforcement locations. There will be Increased enforcement conducted in those locations that are identified on a High Crash Location Report from LETS. Additionally, there will be Increased enforcement in locations that have historically been reported to have excessive speeding violations, following too closely and oUter, miscellaneous hazardous moving violations. There will also be increased enforcement In areas where special events result in Increased motor vehicle and pedestrian traffic. 44 Enter the number of enforcement periods your agency will conduct each month. 4 45 Enter the months in which enforcement will be conducted. January through December 46 Enter the days of the week in which enforcement will be conducted. The majority of enforcement will be conducted Monday through Friday. This correlates with the Increased volume's of traffic in the city due to employment, school and shopping. However, there are numerous special events that occur throughout the year includfng weekends resulting in a higher number of vehicle and pedestrian traffic. Those special events and holidays will be Included in determining enforcement dates and times. 47 Enter the time of day in which enforcement will be conducted. The Increased enforcement will primarily be 7:00 a.m. to 6:00 p.m. This time frame Is consistent with the higher crash times provided by the Crashes by Day of Week and Time of Day report from LETS . Again, the" time of day may be adjusted due to other special events occurring within the City. 48 Enter the number of officers assigned during the enforcement period. 1 49 If equipment or supplies are requested to conduct this project, explain below why it is needed and how It will be used. I am requesting the purchase of 4 new radar units for our department motorcycles. The radar units currently Installed are quite dated and some are beginning to fail. Additionally, In an effort to curb speeding violations in our residential neighbor hoods, I'm also requesting assistance with purchasing a RADAR trailer. Page 9 of 13 PROJECT EVALUATION The MHTC will administratively evaluate this project. Evaluation will be based, at a minimum, upon the following: 1. Law enforcement compliance with state UCR, Racial Profiling, and STARS reporting requirements (law enforcement contracts only} 2. Timely submission of monthly reimbursement vouchers and appropriate documentation to support reimbursement for expenditures (i.e., personal services, equipment, materials) 3. Timely submission of periodic reports (I.e., monthly, quarterly, semi-annual) as required 4. Timely submission of the Year End Report of activity {due within 30 days after contract completion date) 5. Attaining the Goals set forth in this contract 6. Accomplishing the Objectives* established to meet the project Goals, such as: • Enforcement activities (planned activities compared with actual activities) • Programs (number and success of programs held compared to planned programs, evaluations if available) · Training (actual vs. anticipated enrollment, student evaluations ofthe class, student test scores on course examinations, location of classes, class cancellation information) • Equipment purchases (timely purchase of equipment utirrzed to support and enhance the traffic safety effort; documentation of equipment use and frequency of use) • Public awareness activities {media releases, promotion events, or education materials produced or purchased) • Other (any other information or material that supports the Objectives) 7. The project will be evaluated by the Highway Safety and Traffic Division through annual crash analysis . Evaluation results will be used to determine: • The success of this type of activity in general and this particular project specifically; • Whether similar activities should be supported in the future; and • Whether grantee will receive funding for future projects. Evaluating the success of hazardous driving is measured most importantly by the reduction in motor vehicle crashes and decreased citizen complaints in residential neighborhoods. Another method, although difficult to truly gauge, is the reduction in citations issued for hazardous violations. That being said, officers will continue being vigilant in their enforcement efforts. Additionally, a good relationship with the media to include social media, will further the Department's educational component of reducing hazardous driving and the dangers that result from violations such as excessive speeding, distracted driving, following too closely and driving too fast for the conditions. Page 10 of 13 ADDITIONAL FUNDING SOURCES MO Safety Center mini-grants Grant Description Project # Dates of grant Youth Seat Belt Enforcement 22-M2HVE-05-032 March 15-31. 2022 Click It or Ticket Child Passenger Safety MODOT Highway Safety Grants 22-M2HVE-05-032 May 23 -June 5. 2022 22-M2HVE-05-032 Sept. 18 -24. 2022 Amount $750.00 $750.00 $500.00 Hazardous Moving Violations #23-PT -02-062 Driving While Intoxicated #23-154-AL-049 Oct. 1. 2022-Sept. 30.2023 $26,287.36 Oct. 1, 2022-Sept. 30, 2023 $20,000.00 Page 11 of 13 BUDGET Category Item Description Quantity Unit Cost Total Match Total Requested Equipment Radar Stalker RADAR 1 $3,295.00 $3,295.00 $1,647.50 $1,647.50 unltfor Department motorcycle 1 • 2014 HD Road King motorcycle Radar Stalker RADAR 2 $3,425.00 $6,850.00 $3,425.00 $3,425.00 unit for Department motorcycles 2-2016 HD Road King motorcycles Speed Trailer 1 MobDe Systems 1 $7,800.00 $7,800.00 $3,900.00 $3,800.00 Prodigy 22L speed traUer - Text and Graphical Display $17,945.00 $8,972.50 $8,972.50 Personnel Overtime and Average officer 416 $55.23 $22,975.68 $0.00 $22,975.68 Fringe overtime = $40.92 Average officer fringe= 14.31 Total = $55.23 $22,975.68 $0.00 $22,975.68 Training Training 2024LETSAC 2 $1,000.00 $2,000.00 $0.00 $2,000.00 Conducted Conference - $2,000.00 $0.00 $2,000.00 Total Contract $42,920.68 $8,972.50 $33,948.18 Page 12 of 13 ... ATTACHMENTS ,' Document Type Description OrJqlnal File Name Date Added Page 13 of 13 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item I SUBJECT: Change Order #2 for Project No. 32168-Concrete Street Repair DATE CONSIDERED: March 20. 2023 DEPARTMENTDIRECTOR~)=~~~)~~~~~-~~~~~~~J~~~~~~~~­ CITYADMINISTRATOR:~~~~~~-~~-~-~~~~~~~~~~~ This change order will allow for our contractor, Sam Gaines Construction, Inc., to continue to make repairs to the City's concrete streets at the original bid prices. This project was undertaken using ARPA funds designated for street repair. This change order is made possible by the infusion of additional ARPA funds into CIP accounts which has freed up sales tax monies within those accounts. The current contract value is $276,501.00 and this change order will increase it to $650,751.00. Funds that will be used were collected as part of Sales Tax G and are being held in the Street Resurfacing account 45-990-577031. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 320 EAST McCARTY STREET JEFFERSON CITY, MISSOURI65101 ACCOUNT NO. 45-990-577031 Change Order No. Two (2) Project No. 32182 Ord. No. 16284 Job & Location : CONCRETE STREET REPAIR Contractor: Sam Gaines Construction, Inc . Date: 3/10/2023 It is hereby mutually agreed that when this change order has been signed by the contracting parties, the following described changes in the work required by the contract shall be executed by the contractor without changing the terms of the contract except as herein stipulated and agreed. DESCRIPTION OF CHANGES: (See Attached Sheet for Detailed Description I Explanation) Note : Item numbers prefixed with "EW" (Extra Work) are new line items to the contract. Quantity in Revised Amount of Item Quantity in Change Contract Overrun or No. Description Unit Contract Order Quantity Unit Price Underrun 3 Traffic Control (Genera l) SY 1707 5500 7207 $3.00 $16,500.00 7 6" Concrete Pavement, Remove & SY 1707 3500 5207 $55.00 $192 ,500.00 8 7" Concrete Pavement, Remove & SY 1015 2000 3015 $65.00 $130 ,000.00 10 4" Concrete Sidewalk, Remove & Replace SY 7 45 52 $300.00 $13,500.00 11 6" Concrete Sidewalk Ramp, Remove & SY 18 100 118 $200.00 $20,000.00 12 Detectable Warning Panels SF 30 50 80 $35.00 $1,750.00 CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES: I /We hereby agree to the modifications of the contract as described above and agree to furni sh all material s and labor and perform a ll work in co nn ection therewith in accordance with the requirements for similar work in existing contract except as otherwise stipu lated herein , for the following considerations : Contract Amount-Add $374,250.00 (Three Hundred Seventy Four Thousand Two Hundred Fifty Dollars and No Cents) to the Contract Amount Contract Time -Add 1 00 working days t o the Contract STATEMENT OF CONTRACT AMOUNT: OR IGINAL CO NTRACT PREVIOUS APPROVED CHANGE ORDERS TOTAL TH IS CHANGE ORDER TOTAL OF ALL CHANGE ORDERS CO NTRACT AMOUNT TO DATE Sam Gaines Construction, Inc. Con~~ Recommended by: Verification of Encumbrance: Finance Director Accepted by: Owner • City Administrator I Mayo r App rove d as to Form : c;t~ --- Amount %Change Time $244,195.00 90 $32,306 .00 13.2% 0 $374,250.00 153.3% 100 $406 ,556.00 166.5% 100 $650,751.00 190 -- Date Date Date ) -I&-J-,2}J) Date CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item J SUBJECT: Declares Ce rtain City-Owned Personal Property Surplus and Authorizes th e D isposition by Sale through Auction ' DATE CONSDIERED: March 20 , 2023 DEPARTMENT DIRECTOR(S):_-+---==~::........:._____:_.:....____,J:....__~~~~~:....__---- CITY ADMINISTRATOR: _ _,#_~~=:zt;~~~'2__ _______ _ Approval of this consent agenda item is to declare a Police Department vehicle and a Public Works Department vehicle as surplus . The vehicles will be sold via online auction by Purplewave . Est Vehicle Type Tag# VIN Mileage Condition Value 1998 Jeep Cherokee (PW-3 15) 13 940 1 J4F J28S9WL2520 16 62 ,298 Good $6,000 2 017 Ford Police Interceptor (PD -115) 19645 1 FM5K8AR3HGD 1396 0 119,907 Fair $4 ,000 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item K SUBJECT: Declares Certain City-Owned Personal Property Surplus and Authorizes the Dispos ition by Donation to Historic City of Jefferso n DATE CONSDIERED: March 20 , 2023 DEPARTMENT DIRECTOR(S): ____ ~'-----"F--~---=_...,.:::~----- CITY ADMINISTRA TOR:_____:!~-==--~=----Z--+-tLI-<~~t-B~------- Approval of this consent agenda item is to declare the structure at 415 Monroe Street as surplus . The structure itself will be demolished by Mid-Missouri Earth Movers. Prior to demolition , the City w ill allow the Historic City of Jefferson (Not-fo r-Profit) to remove items of historical value or interest which they will then resell to the general public . LICENSE AGREEMENT WHEREAS, the City of Jefferson, Missouri, a municipal corporation, (referred to herein in the singular as “City” or “Owner”) is the owner of property known as 415 Monroe, Jefferson City, Cole County Missouri (referred to herein as the “Property”); and WHEREAS, Historic City of Jefferson (hereinafter “Licensee”) is non-profit organization that as an interest in architectural salvage of historic structures and Licensee desires to enter upon the Property for the purpose of engaging in architectural salvage of elements of 415 Monroe; NOW THEREFORE, for valuable consideration, it is agreed as follows: 1. Owner hereby grants a license to Licensee for use by Licensee and Licensees’ employees, officers, volunteers, or agents the right of occupancy, ingress, and egress upon and over the Property to the extent necessary to engage in architectural salvage of the Property. 2. Licensees assume all risk associated with the work identified herein and expressly waive any claim for injuries or damages suffered as result of the work identified herein. Licensees further agree to indemnify and hold the City harmless from and against all claims, losses and liabilities arising out of personal injuries, including death, and damages to property to the extent caused by any negligent act or omission on the part of the Licensees related to its use of the License granted to it by the City. 3. The term of this License shall be April 3, 2023 through April 7, 2023, 8;00am to 5:00pm daily, provided that the City Administrator may enlarge or extend this term in writing. 4. Notwithstanding the term in Paragraph 3 above, this License shall terminate five (5) days after a party notifies the other in writing that it desires to terminate the License. 5. This license is personal to Licensee and is not assignable without the prior written consent of the City. 6. All architectural elements and materials salvaged from the Property by Licensee shall be made available to the general public through Licensee’s architectural salvage shop for a period of at least ninety (90) days. CITY OF JEFFERSON LICENSEE ____________________________ ______________________________ City Administrator Historic City of Jefferson Dated: _____________________ Dated: ________________________ :lt'ruod O..L SV 03/\0tlddV :..LS 3 ..L..L V CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item L SUBJECT: Cancellation of Special Tax Liens for 1421 St. Mary's Boulevard DATE CONSIDERED: March 20, 2023 DEPARTMENT DIRECTOR(S): ___ ...::..__-r---+----->...:::=--.....:::_------- CITY ADMINISTRATOR:~~~~=t:/J.~~~Zd.~-------- Gwen Wilson , the current property owner of 1421 St. Mary's Boulevard, would like to donate the property to Habitat for Humanity. To date, this property has seven outstanding special tax liens for numerous property abatements (mowing , boarding up a door and window , trash pick-up and disposal , asbestos inspection and abatement) and demolition totaling $24 ,230 .2 0. Pursuant to Section 1-23 of the City Code, a tax bill that has not been paid in full may be cancelled by a motion and vote of the City Council. Cancelling such outstanding tax bills will unencumber the property from delinquent liens and allow the new owner, Habitat for Humanity , to purchase and redevelop the property located at 1421 St. Mary's Boulevard . Approval of this co nsent agenda item would instruct the City C lerk to cancel any applicable tax liens for 1421 St. Mary's Boulevard only upon transfer or donation of the property to Habitat for Humanity by the current property owner. BILL SUMMARY BILL NO: 2022-112 SPONSOR: Councilmember Schreiber SUBJECT: Approve a Contract with WHP Trainingtowers ™ for the Training Tower/Burn Building Project at 2304 Hyde Park Road. Utilizing an established Sourcewell Contract; Approving a contract with UDT. LLC , to Demolish the Existing Building; Accepting an Additional Contribution of $200,000 from Cole County ARPA Funds. and Approving Supplemental Appropriations from Sales Tax G Gleaning Funds DATE INTRODUCED: March 20, 2023 DEPARTMENT DIRECTOR(S):.~--...<---::>----<::----==----------­ CITY ADMINISTRATOR:___,e£--=::::..._---=:::::::::::::=::_--4~~~~--------- Staff Recommendation: Approve . Origin of Request: Fire Department Department Responsible: Fire Department PERSON RESPONSIBLE: MATT SCHOFIELD, Fire Chief Summary: This bill would authorize the Jefferson City Fire Department to , utilize the Sourcewell Contract, 011822-JHK, with WHP Trainingtowers TM of Grandview, MO, to purchase , design, and install a 5-story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road and enter into a contract with UDT, LLC , Rolla , MO, for demolition of the existing facility. In addition , the bill authorizes acceptance of an additional contribution of $200,000 from Cole County ARPA funds and approves necessary budget transfers from Sales Tax G gleaning funds . Background Information: The Jefferson City Fire Department seeks to utilize the Sourcewell Contract, 011822-JHK , with WHP Trainingtowers™ of Grandview, MO, to purchase, design , and install a 5-story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road . The Fire Department initially bid out an engineering/architect contract to have a firm design and then bid out the construction of the tower and burn building but after discussions with those vendors , it was determined that the City would save funds by contracting directly with a firm to construct the building for us. The Sourcewell contract was competitively bid and vendors were evaluated and ranked. WHP Training Towers ranked number one out of 18 in the evaluation report. Additionally, the Sourcewell contract allows us to take advantage of 10% discount for materials and 5% discount for services. Total cost to design and construct the tower and building is $1,798,461.85 ; however, WHP Trainingtowers™ has indicated that they may provide a change order deduction through the contract of up to $32,000 to cover the cost of demolition of the existing facility. The Fire Department will bring a separate recommendation to award the demolition contract. In response to a request for proposals, No. 4104, six vendors submitted proposals for demolition of the existing drill tower and burn building located at 2304 Hyde Park Road. After reviewing the bid proposals, the Fire Department recommends proceeding wit h UDT, LLC. Their proposal included all of the requested services and was the lowest and best bid at $32,000. The Fire Department requests authorization to accept an additional $200,000 from the US Dept of Treasury American Rescue Plan State and Local Recovery Fund (SLFRF) Program passing through Cole County, Missouri, for this project. A grant acceptance memo and a supplemental budget request are included in this packet. Fiscal Information: Authorize an expenditure of $1,798,461.85 from the following accounts: 10-990-599507 Hyde Park Burn Building (Cole County ARPA Funds) $500,000.00 10-995-599507 Hyde Park Burn Building (City ARPA Funds) $1,000,000.00 45-990-578063 Sales Tax G Contingency/Gleaning $298,461.85 BILL NO. 2022-112 SPONSORED BY Councilmember Schreiber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UTILIZATION OF THE SOURCEWELL CONTRACT, 011822-JHK, WITH WHP TRAININGTOWERS™ OF GRANDVIEW, MO, FOR THE PURCHASE, DESIGN, AND INSTALLATION OF A 5-STORY TOWER AND A 2-STORY RESIDENTIAL/INDUSTRIAL FIRE TRAINING FACILITY AT 2304 HYDE PARK ROAD; APPROVING A CONTRACT WITH UDT, LLC, OF ROLLA, MO, TO DEMOLISH THE EXISTING BUILDING; ACCEPTING AN ADDITIONAL CONTRIBUTION OF $200,000 FROM COLE COUNTY ARPA FUNDS; AND APPROVING NECESSARY SUPPLEMENTAL APPROPRIATIONS FROM SALES TAX G GLEANING FUND. WHEREAS, The Fire Department will utilize a Sourcewell contract to contract with WHP Traininigtowers to purchase, design and install a 5-story tower and 2-story residential/industrial fire training facility at 2304 Hyde Park Road; enter into a contract with UDT, LLC, to demolish the existing building; accept additional ARPA funds from Cole County. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City of Jefferson enters into a contract with WHP Trainingtowers™ to purchase, design, and install a 5-story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road. Section 2. The City of Jefferson enters into a contract with UDT, LLC for demolition of the existing building. Section 3. The agreements shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. Authorization to accept an additional $200,000 from Cole County ARPA funds, attached hereto as Exhibit B. Section 5. Authorize necessary supplemental appropriations from Sales Tax G gleaning Funds, attached hereto as Exhibit C. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ----------------------Approved: _________ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM: City Clerk CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5 .) Of the Charter of the City of Jefferson , Missouri , I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4104-Demolition of Drill Tower/Bum Building Cooperative Procurement -Sourcewell, Contract 0 11822-JHK Fire Department-Opened by Sourcewell January 18, 2022 RECOMMENDATION: Staff recommends the award of bid IFB4104 to UDT, LLC. of Rolla, Missouri for demolition services at 2304 Hyde Park Rd (Drill Tower and Burn Building) for $32,000.00. The bid was evaluated by Fire Department staff is being awarded to the lowest responsive bid meeting specifications. Staff also requests approval to utilize the Sourcewell contract, 0 11822-JHK, with WHP Trainingtowers or Grandview, Missouri for the purchase designing and installing a 5-story tower and a 2-story residential/industrial building for fire training. The Fire Department initially bid out an engineering/architect contract to have a firm design and then bid out the construction of the tower and burn building but after discussions with those vendors, it was determined that the City would save funds by contracting directly with a firm to construct the building for us. The Sourcewell contract was competitively bid and vendors were evaluated and ranked. WHP Trainingtowers ranked number one out of 18 in the evaluation report. Total cost to design and construct the tower and building is $1,798,461.85. BIDS RECEIVED FOR THE DEMOLITION: UDT, LLC, Rolla, MO A & D Construction Services, LLC, California, MO GWH Landscaping Contracting, LLC, Jefferson City, MO lndEqX, Seymour, MO Mitch Bonnot Excavation, LLC, Loose Creek, MO S Shafer Excavating, Inc., Pontoon Beach, IL Mid-Missouri Earth Movers, Jefferson City, MO Bid Amount $17,900.00 $32,900.00 $48,548.00 $39,763.20 $34,500.00 $112,200.00 No Bid This bid was advertised in the News Tribune on 1/11/2023 and posted on Bonfire. Bid notifications were sent to 163 vendors and there were 27 document takers. FISCAL NOTE: Expended or Account Number Description FY 2022 Budget Encumbered Bid Amount Balance Amount Hyde Park Burn Bldg- 10-990-599507 General Fund (County) $500,000.00 $0 $500,000.00 $0 Hyde Park Burn Bldg- 10-9 95 -599507 ARPA Fund s $1,000.000.00 $0 $1,000,000.00 $0 Sales Ta x G 45-990-578063 Contingen cy/Gl eaning $330,461.85 $0 $330,461.85 $0 Bid Total for Demolition $32,000.00 Sourcewell Contract Total for New Structure $1,798,461.85 Expenditure Total $1,830,461.85 ATTACHMENTS-SUPPORTING DOCUMENTATION Signat1rre ~ a tau~ Pur as ing Agent 3/7/23 # Location Fire Tower and Burn Building, 2304 Hyde #0-3 Park Fire Tower and Burn Building, 2304 Hyde #0-3 Park Fire Tower and Burn Building, 2304 Hyde #0-3 Park IFB4104 -Demolition of Drill Tower & Burn Building Opened January 26, 2023 A&D Construction Services, LLC GWH Landscaping Contracting LLC Days to Days to complet complet Lump Sum work Landfill Lump Sum work Landfill Republic Services Repub l ic $32,900.00 20 days JC Landfill $48,548.00 20 days Services Mid-Mi ssouri Earth Movers II Mitch Bonnot Excavation LLC No Bid No Bid No Bid $34,500.00 7-10 days Republic UDT, LLC Days to complet Lump Sum work Landfill $32,000.00 15 REPUBLIC lndEqX Days to complet Lump Sum work Landfill Republic $39,763 .20 30 Services S Shafer Excavating Inc Jefferson Republic $112,200.00 15 Days Landfi ll Memorandum TO: Leigh Ann Corrigan, Finance From: Chief Matthew Schofield, Fire Chief"0 Date: February 27, 2023 Re : Burn Building/Drill Tower Demolition The Fire Department recommends awarding this contract to UDT, LLC, out of Rolla, MO. That recommendation is based on their low bid for this project and positive feedback we received from Planning and Protective Services regarding their past performance. c: DC Jerry Blomberg DocuSign Envelope ID: 44284B92-EF49-4E02-B7B2-706B134B794E ~·~ ~..c-..1" ,.------....::,'-!11 \\\ 1 Sourcewe ll ~ J I; _A~ 4 .... i • .... ..;lble Points Confortnanc.e to RfP Requirements Prk:inc Finandat Viability and ~rttetplace SuccHs Ability to Se-ll and Del tv~ S<<Vi<e Marketin& Plan Va lue Added Attributes Wnrinty Depth and Brea dth of Offered Equipment, Produas, or Se.tvices Total Poin ts ltan.'<.Oia.,. -.. ~ , Possible Points Conformance t o RFP Requirements Pricinc Flnancbl VIability and M.11rketpbce Success Ability to Sell and OellvH ~rvice Marketin& Plan Va lue Added Attrlbuu~s Warranty Ot>plh and Bu~adth of Offered Equipment, Prod ucts, o r Services ToUI Poin ts Ran~Ordet . ~ " ·-. Atbn!k Divine Supply, In<. 50 42 400 308 75 63 100 84 50 38 75 62 50 41 200 159 1,000 797 ..... ·~ laerdal Medical Corporation 50 41 400 319 75 67 100 83 50 39 75 58 50 42 200 165 1.000 814 -·-2 Pro posal Ev a luation Publ ic Safety Trai ning and Si mulation Eq ui pm ent a n d Technology RFP 110 11822 Excel Drive r Se:rvk.es, UC d~ CAE Healthcare Ool"on Precision Systems, Inc.. S.m. Tech FMC, lnoorpot3ted Fire Facilities, Inc. 41 39 36 39 40 306 313 270 273 278 65 66 51 63 65 85 79 67 73 72 40 36 35 38 43 61 55 54 53 54 40 41 40 42 41 168 160 152 173 148 806 789 705 754 741 3S &.5 -u ll 12 - Tar&etSolutJons l ea min&. LLC lexipol, LLC UON First Responder PPE,Inc. 40 40 326 308 55 60 71 81 43 38 59 58 42 42 166 162 802 789 6 8.5 [~~~ 7[)(){)CEFD8830450 .• Greg Grunig, Procurement lead Analyst lr!lo<:uSigned by: L~~~ Craig West, Procurement Analyst Pod::et Nurse Enterprises, Inc. 38 313 64 72 40 58 39 154 778 10 PowerDMS, Inc. d~ Vedor Solutions I C.::~~ L 6EE63AED£05F48E... Car~ Jackson, Procurement Analyst ~Oo<:uS~ned by: mdc. s;kt- 4513A600CA0 1467- Nick Scholer, P rocurement Analyst - 37 288 55 77 39 55 39 ISO 740 1J J~hnke & Sons Construcdon, FirtbbrtG~I Inc. dba WtW TralnJnctowen JHB Group, Inc . 34 4 1 41 316 348 339 56 58 60 59 78 71 35 40 40 54 6 1 63 39 42 38 146 156 154 739 824 806 ·-. 14 l . -3.5 TSG Industries, LLC Virace Simulation, Inc. W .S. D arley & Co. 24 43 38 233 310 265 40 6 1 67 59 78 67 31 43 38 34 66 52 36 42 39 128 162 156 585 80S 722 11 _s ll DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Sourcewell ~ Solicitation Number: RFP #011822 CONTRACT This Contract is between Sourcewell, 20212th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) ~nd Jahnke & Sons Construction, Inc., dba WHP Trainingtowers, 519 Duck Road, Grandview, MO 64030 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of th~ State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Training and Simulation Equipment and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev.3/2021 1 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item 59 60 61 62 63 64 65 66 Question 1:11 ,, Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (If applicable) in the document upload section of x-our response. Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. Propose a method of facilitating "sourced" products or related services, which may be referred to as "open markef' items or "nonstandard options''. For example, you may supply such items "at cost" or "at cost plus a percentage ," or you may supply a quote for each such request. Id entify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- deli very inspection, installation, set up, mandatory training, or initial inspection . Identify any parties that impo se such costs and their relationship to the Proposer. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detai l the complete freight, shipping, and delivery program. Specifically describe freight, shipping, and delivery term s or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Describe any unique distribution and/or delivery methods or options offered in your proposal. . , Bid Number: RFP 011822 . ., Response * We ha ve included an overview document including our pricing schedule. In general, we offer a 10% discount on our list pricing for our materials items and a 5% discount for our service rela ted items. We offer discounts from list pricing in the 5%-10% range . We do not include any volume discounts or rebates at this time. We want to make an effort to customize each building to provide a comprehensive package that meets each customer's specific needs. Part of that effort requires us to have the ability to source options to be included as open market or non-standard items. We propose the same structure off of ou r open market list pricing with a 10% discount on open market materials list pricing and a 5% discount on open market service items . Our pricing includes all materials, freight , and labor line items necessary for the successful completion of the project. We offer a foundation design option for the customer to utilize with their local forces to install a foundation prior to our installation. We also recommend concrete fill on metal floor decks in our Alarm series for a complete installation. Some other items which we exclude, however may not be necessary for a co mplete in stallation include freight beyond 750 mile radius of Grandview, MO, prevailing wages, taxes, bonds, and perm its . We offer a freight line item for each one of our materials packages within a 750 mile radius of Grandview, MO which covers the majority of the continental United States. We will Include an open market line item for any freight beyond this radius. Containerization is required for mos t shipments to Alaska, Hawaii , or other off-shore locati ons. We would containerize at our facility and deliver the con tain ers to the port at which our base freight lin e item wou ld be invoiced. We then would issue an open market line item for the additional ocean f reig ht costs associated with providing our materials package to an off-shore location . Most Canadian locations can still be reached by over-the-road trailer and our open market freight lin e item beyond our 750 mile radius would take effect. In order to provide the complete turn-key solution that Sourcewell participating entities are looking for, we are offering line items for materials freight , and labor. Not all Sourcewe ll customers will want a complete turn key solution, and by Item izing ou r costs into these th ree line items, they can choose anywhere from materials on ly, all the way to a full turn-key installation. With our great history in providing turn-key solutions across the US, and our 25 contractor licenses and counting , we know that our packages offer a unique opportunity for Sourcewell participating entities to obtain a fully designed , manufactured, and installed fire training structure. Also, our burn room options are designed as Class A burn ro om s meaning customer's can burn combustib le materials such as wood and straw, but they would also have the option to purchase a Class B (propane or NG fired) prop from a Gas-fired prop company for installation within our bur ro om system. Our framework allows the customer a multitude of options during the installation and post- installation . Vendor Name: Jahnke & Sons Construction, In c. DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table -12: Pricing Offered Line .. a .~ Item The Pricing Offered In this Proposal is: • Comments 67 c. better than the Prop oser typica lly offers to GPOs, cooperative procurement organiza tions, or sta te purchasing We offer materia ls packages departments. Table 13: Aud it and Administrative Fee Line Item 68 69 70 Question Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. Th is process includes ensuring that Sourcewell participating entities obtain the proper pricing , that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper adm inistrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. If you are awarded a contract, provide a few examples of Internal metrics that will be tracked to measure whether you are having success with the co ntract. Id entify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typica ll y calculated as a percentage of Vendor's sa les under the Contract or as a per-unit fee; it is not a lin e-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details .) Bid Number: RFP 0 11822 through other purchasing organizations, however Sourcewell's platform is unique wi th a focus on providing turn -key solutions. We understand the opportunity for participating entities to streamline their project with this purchasing platform, and we have structured ou r pricing to be unique to meet Sourcewell's tum-key request. We ha ve structured our pricing to best meet the needs of those participating entities looking for a true tum-key sol ution through a Sourcewell contract. Response • When our salespeople generate a So urcewell quote or estimate they will denote on the quote or es ti mate that it is Sourcewell pricing. Upon receiving a signed quote or purchase order based on the quote the salesperson then hands the approved quote or purchase order over to project management who generates a project number or sales order number. On Sourcewell projects and Sourcewell sales the order is denoted for a project as Location Year-W-Project Number SOURCE For example: Kansas City, KS 21 -W-911 SOURCE For a sales order it Is denoted as Location S-Sales Order Number Sourcewe ll Example : Kansas City , KS S-20526 SOURCE They are coded with the Modifier "SOURCE" behind their project numbe r or sales number and will be re vi ewed quarterly by job ty pe . We will use a couple of d ifferent metrlcs to track our success with the contract. Fiscally we wi ll use percentage of sales of Sourcewell sales against our percentage of overall sales in order to track our immediate success. In addition, we will track our success rate by looking at data analytics associated with all of our marketing engagements and social media engagement targeted specifically to Sourcewell buyers . We propose a fee of 1.25% of our sales under the contract. Vendor Name: Jahnke & Sons Construction , Inc. CITY OF JEFFERSON DEMOLITION CONTRACT THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the UDT, LLC., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for the demolition of the following structure and all debris and other trash items on the lot at the Fire Tower & Bum Building in Jefferson City, Missouri, and the proper disposal in an approved landfill. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to perfonn the services related to demolition of the structure and grading of lot at the Fire Tower and Bum Building in Jefferson City, Missouri, more particularly described in Exhibit A attached hereto. Contractor further agrees to obtain a demolition penn it from the City and the Missouri Department of Natural Resources, if necessary, prior to performing any services. 2. Payment to Contractor. The City hereby agrees to pay Contractor for work done pursuant to this contract at intervals of not less than 28 calendar days upon acceptance of said work by the Fire Department, and in accordance with the rates and/or amounts of stated in the bid of the Contractor dated 1126/2023, which are by reference made a part of hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. Lien releases must be provided prior to any payment being made to the Contractor. The total amount of this contract shall not exceed Thirty-Two Thousand Dollars and Zero Cents ($32,000.00). 3. Notice to Proceed. Contractor shall not begin the work to be perfonned until receipt of written Notice to Proceed, after which the Contractor shall complete said work within Thirty (30) calendar days thereafter. 4. Insurance. Contractor agrees to obtain and maintain throughout the tenn of this contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. City shall be named as an additional insured on such policy. C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for a one person in a single accident or occurrence. City shall be named as an additional insured on such policy. D. Subcontracts-In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs A, B, and C, hereof and in like amounts. E. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs B and C hereof shall provide adequate protection for Contractor and its subcontracts, respectively, against damage claims which may arise from operations from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph E is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage police (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 5. Specifications, Codes and Regulations. Contractor shall comply with all appropriate specifications and codes referred to and with all regulations, ordinances and laws of the City, the State of Missouri, and the Federal Government, and permit reasonable inspection of all work by authorized inspectors. 6. Asbestos Compliance. Contractor shall comply with Missouri Air Conservation law, RSMo. 643, Sections 225-250, Missouri regulations CFR 1 0.6.080, 1 0 CFR 6.240, and 10 CFR 6.250, EPA regulations at 40 CFR Part 61 governing asbestos, and OSHA worker protections regulations. 7. Permits and Licenses. Contractor will obtain and pay for all permits and licenses necessary for the completion and execution of the work and labor to be performed. 8. Debris and Material Removal. Contractor shall keep the premises clean and orderly during the course of the work and remove all debris as it accumulates. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless specifically spelled-out otherwise in Exhibit A. Dispose of the demolition debris in compliance with State and Federal laws. 9. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of a subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 10. Termination of Contract for Cause. If through any cause, Contractor shall fail to fulfill in a timely and roper manner their obligations under this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of their contract, the City shall thereupon have the right to terminate this contract by giving written notice to Contractor of such terminations and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by Contractor under this contract shall, at the option of the City, become its property, and Contractors shall be entitled to receive just and equitable compensation for any work satisfactorily completed thereunder. Notwithstanding above, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of a breach of Contract by Contractor, and the City may withhold any payments to Contractor for the purpose of set-off until such time as the exact amount of damages due to the City from Contractor is determined. 11. Termination for Convenience by the Owner. The City may terminate this contract at any time by giving at least ten (10) days' notice in writing to Contractor. If the contract is terminated by the City, as provided herein, Contractor will be paid for the time provided and expenses incurred up to the termination date. If this contract is terminated due to the fault of the Contractor, Paragraph 10 hereof to termination shall apply. 12. Owner's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 11, then the City may take over the work and prosecute the same to completions, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 13. lndemnitv. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 14. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done and for all the materials used in the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 15. Sales Tax Exemption. Effective August 28, 1994, Section 144.062, RSMo. allows contractors and subcontractors to purchase materials for tax exempt projects with project-specific exemption certifications approved by the Department of Revenue. The City will supply a certificate to the contractor for this project after approval is obtained from the Department of Revenue. 16. Acceptance of Final Payment as Release. Contractor's acceptance of final payment shall be a release to the City of all claims and all liability to the Contractor. 17. Changes. City may, at any time, request changes in the scope of the work without invalidating the contract. If such changes increase or decrease the amount due under the Contract, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. The City shall review and give final approval to all Change Orders. 18. Time for Completion and Liquidated Damages. If the Contractor fails to complete the work within the contract time or extension of time granted by the City, then the Contractors may be required to pay to the City the amount of $100.00/day for liquidated damages for each calendar day that the Contractor shall be in default after the time stipulated in the contract documents. 19. Contract Documents. The contract documents shall consist of the following: a. This Contract b. Addenda c. Information for Bidders d. Signed Copy of Bid e. Work Write-Up f. General Provisions g. U.S. Department of Housing and Urban Development Supplemental General Conditions 20. Protection of Lives and Health. Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occurs as a result of Contractor's prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health regulations for Construction as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29-LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary. Safety Training a. Contractor shall provide a ten ( 1 0) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approve by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approve OSHA program as required by Section 292.675, RSMo. b. Contractor shall require its on-site employees to complete a construction safety program within sixty ( 60) days after the date work on the project commences. c. Contractor acknowledges and agrees that any of contractor's employees found on the project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the project. d. Contractor shall require all of its Subcontractors to comply with the requirements of this section and Section 292.675, RSMo. Notice of Penalties for failure to Provide Safety Training a. Pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty Two Thousand Five Hundred Dollars (2,500), plus One Hundred Dollars ($1 00) for each on- site employee employed by Contractor or its Subcontractor, for each calendar day or portion thereof, such on-site employee is employed without the construction safety training required in the above paragraph. b. The penalty described in Subsection a of this section shall not begin to accrue until the time period described in Paragraphs b and c above have elapsed. c. Violations of above paragraph and imposition of the penalty described in this section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 21. Regulations Pursuant to So-Called "Anti-Kickback Act" Title 18, U.S.C. 874 Kickbacks from public works employees: Whoever, by force, intimidations, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than five years or both. 22. Equal employment Opportunity, Nondiscrimination, and Minority Business Enterprise Utilization. a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, handicap, age, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employments, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contract, state that all qualified applicants will receive consideration from employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative or workers with which he as a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1985, and ofthe rules, regulations and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government funded contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or as otherwise provided by law. g. The Contractor will include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. h. The Contractor will make affirmative efforts to utilize minority business enterprises for suppliers and subcontractors and will document his efforts to the City. 1. For contracts in excess of$1 0,000, equal opportunity provisions of"Exhibit A" shall apply to this contract. 23. Training and employment of Lower Income Residents of Project Area. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. b. The parties to this contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development ad all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 24. Transient Employers. Every transient employer, as defined in section 285.230, RSMo., enclosed in the laws section, must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (I) The notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) Proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo., enclosed in the laws section, be liable for a penalty of$500 per day until the notices required by this section are posted as required by that statute. 25. Federal Funds to be Used. The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B shall be fully considered in preparing responses and performing work under any resulting award. 26. Notices, All notices required or pennitted hereinunder and required to be in writing may be given by fLrSt class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri 65101 27. Jurisdiction. If to the Contractor; UDT, LLC Tonie Cahill 1420 BEast State Hwy 72 Rolla, Missouri 6540 I This agreement and every question arising hereunder shall be interpreted according to the Laws and statutes of the State of Missouri. CITY OF JEFFERSON, MISSOURI UDT,fL~ c ~.?bu>~r~k Title: _!: ,... ~") '/ J _) Date: --.3~1£"---"'~:;,....o/' Mayor Date: ___ _ ATTEST: ATTEST: Title: Title APPROVED AS TO FORM : c;cy~ EXHIBIT A Unit of Number of Days landfill Site to be Item Quantity location Unit Price to Complete used for Debris Number Required Measure Demolition Disposal Fire Tower and Burn Building, 2304 Hy de #0-3 Park 15 REPU BLIC EXHIBIT B-FEDERAL CLAUSES The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of 2021. Therefore, the following requirements shall be fully considered in preparing responses and performing work under any resulting award. Access to Records Vendor agrees to provide the City, the Federal Government, and any applicable Federal Adn1inistrator, Director~ the C01nptroller General of the United States, or any of their authorized representative~ s access to any books, docun1ents, papers, and records of the Vendor which arc directly pertinent to this contract for the purposes of n1aking audits, exatninations, excerpts. and transcriptions. The Vendor agrees to pennit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Nothing contained herein shall be construed as intending to litnit or prohibit audits or internal reviews by Federal personnel or the Comptroller General of the United States. Retention Requirements for Records The contractor shall retain financial records, supporting documents, statistical records and all other records pertinent to the financial assistance agreement for a period of three years starting from the date of submission of the final payment request. Authorized representatives of federal awarding agencies, the Federal Inspectors General, the Comptroller General of the United States, the City or any of their designees shall have access to any pertinent books, documents, and records of contractor in order to conduct audits or examinations. The contractor agrees to allow monitoring and auditing by the City and/or authorized representative. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the contractor shall retain records until all litigations, claims or audit findings involving the records have been resolved and final action taken. Breach of Contract 1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide the City within 1 0 working days from notification a written plan detailing how the contractor intends to cure the breach. 2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will issue a notice of cancellation terminating the contract immediately. If it is determined the City improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. 3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the City deems appropriate and charge the contractor for any additional costs incurred thereby. 4. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the City for any period in which funds have not been appropriated, and the City shall not be liable for any costs associated with termination caused by lack of appropriations. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Each contractor certifies to the tier above by completing the Certification Regarding Lobbying form, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of the City, an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (33 u.s.c. 1251-1387) The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401-7671q), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies that the contractor, its board of directors and principals are following these specific federal laws. Further, the contractor shall report to the City any instance in which the contractor or any member of its board of directors or principals is determined by any administrative agency or by any court in connection with any judicial proceeding to be in noncompliance with any of these specific federal laws. Such report shall be submitted within ten (1 0) working days following such determination. Failure to comply with the reporting requirement may be grounds for termination of this agreement or suspension or debarment of the contractor. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which they are employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b) ( 1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b) (I) of this section. 3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b )(2) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) ( 1) through ( 4) of this section. 5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 oftitle 5. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180. SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, City that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders ofthe Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs ( 1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or subcontractor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a contractor or subcontractor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Procurement of Recovered Materials The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the Resources Conservation and Recovery Act. The requirements of this section include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 24 7 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $1 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $1 0,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401) If the contractor produces subject matter, which is or may be patentable in the course of work sponsored by this agreement, the contractor shall promptly and fully disclose such subject matter in writing to the City. In the event that the contractor fails or declines to file Letters of Patent or to recognize patentable subject matter, the City reserves the right to file the same. The City grants to the contractor the opportunity to acquire an exclusive license, including the right to sublicense, with a royalty consideration paid to the City. Payment of royalties by contractor to the City will be addressed in a separate royalty agreement. Termination 1. Termination for Cause. The City may terminate this agreement, in whole or in part, at any time before the date of completion whenever it is determined that the contractor has failed to comply with the terms and conditions of the agreement. The City shall promptly notify the contractor in writing of such a determination and the reasons for the termination, together with the effective date. The City reserves the right to withhold all or a portion of funds if the contractor violates any term or condition of this agreement. Termination for cause may be considered for evaluating future agreements. The contractor may object to terminations with cause and may provide information and documentation challenging the termination. 2. Termination for Convenience. Both the City and the contractor may terminate the agreement, in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. 3. The City reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination. Domestic Preference for Procurements As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322)~ the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products~ or materials produced in the United States. This includes, but is not limited to iron, alutninum, steel, cetnent, and other n1anufactured products. Prohibition on certain telecommunications and video surveillance services or equipment Contractors are prohibited from obligating or expending project funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c, Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph ( 1 ), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 5. See Public Law 115-232, section 889 for additional information. 6. See also § 200.4 71. Disadvantaged Business Enterprise Statement Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall take the following affirmative steps to assure that small, woman owned, and minority businesses are utilized when possible as sources of supplies, services and construction items. a. Contractors will submit the name and other information, if any, about their DBE sub- contractors along with their bid submissions. b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when possible on City contracts. c. Qualified small, woman owned, and minority businesses will be included on solicitation lists as sub-contractors for City supplies, services, and construction. d. Qualified small, woman owned, and minority businesses will be solicited whenever they are potential sources. e. When economically feasible, contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, woman owned, and minority business participation. f. Where the requirements permit, contractors will establish delivery schedules which will encourage participation by small, woman owned and minority businesses. Contractors will use the services and assistance of the Small Business Administration, the Office of Equal Opportunity, and the Community Services Administration. CITY OF JEFFERSON CONSTRUCTION SERVICES AGREEMENT IXHIIITA THIS CONTRACT, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and WHP Trainingtowers, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has been selected for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: installation of a five-story tower and two-story Residential/Industrial Building, as described in Exhibit A and depicted in Exhibit B. NOW THEREFORE, the terms of the Sourcewell Contract: RFP #011822 shall govern, except in instances that conflict with the following terms: 1. Liquidated Damages. The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 2. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 3. Performance and Materialman's Bonds Reguired. Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 4. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 5. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 6. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action. 7. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 8. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 9. Construction Safety Program Requirements. a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project. b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each employee employed by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 10. Notices. All notices required or permitted herein under and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. 2 If to the C ity: C ity of J efferso n Department of Law 320 East McCa11y Street Jefferson C ity, Missouri, 6510 I CITY OF JEFFERSON, MISSOURI Mayo r Date: ---- APPROVED AS TO FORM: lf to the Contractor: WHP Traini ngtowers J oe K ir chn er 5 I 9 Duck Road Grandview, M isso uri 64030. WHP TRAININGTOWERS Ti tle: Date: ___ _ ATTEST: T itle: 3 HP RETHINK HOW YOU TRAIN January 18 '\ 2023 RefNumber: Q-23 17707 (via e mail) Jerry Blomberg, Division Chief of Trai ni ng Je fferso n C ity Fir e Departme nt 320 East McCart y Stree t Je fferson City. MO 6510 I 573 -634-6403 j b lo m berg@ jcffe rso ncit vmo.e:o v Dear Chief Blomberg: We are p lea sed to provide yo u wit h the follow ing proposa l utilizi ng our Sourcewe ll contract number 0 11822 -JHK and the Cit y of Jefferso n City Sourcewe ll contract number I 03420 for a CUSTOM GENERAL ALARM FIVE- STORY WHP trainin g simulator. The simul ator wou ld con s ist of a structure that would approx im ate the following: I. Sect ion A wi ll be a Five-St01·y Tower approx im ate ly 2 1'-11" W x 25 1 -4 " L x 54'-0" H (to top of parapet). a. Four (4) int er io r flo ors (2"d, 3'd , 4111 , 5'11 ) b. One (I ) flat ro of with parap et roof guard system c. One (I) 22 'x26 1 pa inted ste e l ca nopy d. Two (2) 3'-4" doubl e sw ing gates e. Four (4) rapp e lling anchors on th e roo f f. One (I) rapp e ll in g rail g. One (I) 2'-6" x 3'-0" Bil co roof hatc h h. One (I) ve rti ca l ladder from th e 5th floo r up to th e roof hatc h 1. One (I) fiv e-s tory inter io r stair with we ld ed stair rai li ng j. One (I) inset balcony on the second fl oo r with we lded raili ng k. One (I) 4'xT ca ntil evered balcon y at the 3'd fl oor with ra ili ng a nd door I. O ne (I) 4-story galv anized standp ipe w/FDC and 2-hea d s prinkler run m. Five (5) 3' x 7' plat e stee l door and hardware n. Nine (9) 3 I x 4 1 window op enin gs with latching s hutt ers-The four additional sh utt ers will be lo cated: 2"d fl oor B-side , 3'd floor D-s ide , 4'11 and S'h C-S id e. Each add iti onal wi nd ow will hav e an ove r-w in dow rappe ll ing an chor and ba il out prop. o. One (I) 3 ' x 3 ' access hatch to re sid ent ial att ic p. Two (2) 9 1 xT garage doors 2. Sec tion B will be a Two-Story Res identia l/! ndu stria l secti on approximate ly 2 1 '-1 I " W x 35'-0" L x 24 ' -0" H to eave. a. One (I) gable roof, 5/12 and 9/12 un-eq ua l pitch on hal f of roof with perim eter welded g ua rdrail b. One (I) flat roof with parapet wa ll s on ha lf of roof with two (2) swing ga te openings c . Two (2) 6' -0 " cha in gates 519 Duck Road, Grandview, MO 64030 1 P: 800 .35 1.2525 1 www.TrainingTowers .com 1 lnlo@Trai ningTowers.com d. Two (2) chop-o ut s on gab led roof one 48 " x 48" and one 48"x96" e. One (I) attic space prov id ed between the gabled roof a nd th e second floor f. One (I) 3' x 3' framed window opening with latching shu tters at ex terior gabled end of the attic g. Seven (7) 3' x 4' fr ame d wi nd ow openings wit h latching shutt ers h. Two (2) 3' x 4' fra med burn room window openin gs with latchi ng shutters 1. One (I ) 6 'x 4 ' double framed wi ndow openin g with latc hi ng sh utters J. Fo urteen ( 14) 3' x 7' plate stee l door and hardware k. Five (5) 3' x 7' burn room pla te stee l door a nd hardwa re I. Multiple rooms pe r drawing s m. One (I) over-window rappelli ng anchor with bai l out prop n. One (I) two -story interior sta ir wi th we ld ed stair ra ili ng o. One (I) 4'x38' ba lco ny and fi re esca pe to second floor p. One (I) 12 'x l 2' Class A burn ro om on the JS' floor protected with a Padgenit e lnt e rl oc kTM liner system q. One (I) II ' x 16 ' Cla ss B burn room on th e 2"d floor protected with a Padgenite Int erlock™ I i ner syste m r. One (l) 49 "x49" pa ll et style burn c rib s. One (I) 4 'x4 ' attic burn area system 3. Sect ion C will be a One-Story Annex approximate ly 21 '-II" W x 14'-6" L x I 0'-0" H. a. Two (2) 3' x 4' framed window openings with latc hing s hu tters b. One (I) 3' x 7' exterior burn room plate stee l door and hardware c. Entire room sha ll be protected with a Pad ge nite ln ter lockTM li ner system d. One (I) 49 "x49 " pallet style burn crib e. One (I) Tempe ra tur e monitorin g sys tem 4. Othe r incl ud ed opt ions: a. Co ncrete de molition for fo und ation place ment-in clud es sawcut and re mov in g conc rete 5 ' beyo nd th e perimeter of th e new buildin g and rep laci ng the so il up to 72 " b. Foundation design c. Concrete s lab on grade d. 4" concrete sidewalk at the pe rime ter of th e new building e. Concrete fill o n e levated metal deck s f. Gas li ne and cond uit from Jefferso n City sup pli ed propane ta nk to building stub up (up to 100') g. 200 Amp pane l connected to ex isti ng power h. Co nnect b uildin g dra inage to Je fferso n City drai nage sys tem (up to 75') Materials and Freight is: Labor is: S ubcontract is: Total: $739 ,503.05 $497 ,879.80 $56 1.079.00 $1 '798,461.85 Prevailin g Wages: Prevailing wages have been incl uded based on Genera l Decision Numbe r: M020220040 12/23 /2022 for Co le Cou nty Misso ur i. If th e Genera l Deci sio n is updated or a job spec ifi c wage determ inatio n is perforn1ed wage s will be adjusted accordingly and be th e re spon s ibility of the owner. Page 2 of 3 5 19 Duck Road , Gra ndview. MO 64030 1 P : 800.35f.2525 1 www.Trai ningTower s.com 1 lnfo@Traini ngTo wers.com All pricin g is in US Do ll ars and is valid for 30 days . It is th e po li cy of WHP Trai ningtowers™ to provi de a reason able cos t estim ate for your bud ge tin g purposes. It is not un comm on in th e con structi on in dustry to offer cost estimates th at are fo r low end or stripped-down struc tur es . WHP be li e ves t he c ost es timate shou ld refl ect a tra inin g s imul a tor th at meets OS HA safety req uiremen ts, is o fthe hi ghe st quality , and will meet the expectat ions of th e c ustome r. Schedu le: We would require 2-4 we eks to prepare conceptu a l drawin gs aft er award of th e con tract or pu rchase o rder a nd 18-20 weeks for de li ve 1y afte r rece ipt o f approv ed draw ing s. If the fo un da t ion is in p lace t he erecti o n wo uld be comp lete a pprox imat e ly 15-17 week s afte r de li ve 1y of buildin g. Some op tiona l item s such as brick ex te ri ors wi II req uire more tim e to complete e rect ion. Design Criteria: Pricin g is based on th e foll ow in g stru ctura l des ign c rite ri a per IB C 2012 : I. Live Loads-(a) Roo f: IOOpsf (b) Floor: IOO psf (c)Att ic: IOOpsf 2. Wind Loads -(a) Spee d: 115 mph (b) Expos ur e: C 3. Seis mic Loads-(a) Coeffi cie nt Ss [m ax ]: 55 (b) Co effi c ien t S I [max]: 13 4 . So il Capacity -Minimum 1500 lbs/sq.ft . *Require me nt s exceed in g th ese loads may res ult in additi ona l costs. E xclusions: We excl ud e fr om our pro posa l: demo lition of ex ist in g buildi ng, bonds, ta xes , pe rm its, special insur ance req uir eme nt s if any , fi e ld pa intin g of exte ri or ha ndrai ls and sta irs, mecha nic a l, electr ica l, fire protect io n sys te ms, wint e r con diti ons, site wo rk , engin ee ring layo ut a nd ge nera l cond iti on ite ms and an y ot he r misce l lan eo us fees . Terms: For mate ri a ls a depos it of25% on the bui ld in g package is du e o n rece ipt o f o rde r (sig ning of contract). Ba lance of pay me nt on ma teri a ls du e on deli ve ry to s it e. No retent ion on materia ls . Labor will be billed mo nthly . Invoi ces not in di s put e ove r 30 days will be assesse d I ~%pe r month on ba la nces in exce ss o f 30 days . F ina ncin g is ava il a bl e throug h lease purchase prog rams. We hope yo u fi nd the propos al acceptabl e. If we can prov ide you with furth er informa tion please fe e l free to ca ll. Sin ce re ly, Ca pt. Ro b Va n Bi bbe r (Ret.) WHP Tra inin gtow ersTM Pa g e 3 of 3 519 D uck Road , G randview, MO 64030 1 P : 800.35f.2525 1 www.T rainin gTowers.com 1 lnfo@Trai ningTow ers.com m 1--m -% t.1 @-- ®- @-- ®---- ,.- (e ', r-v ..,11:£ x r·r ""'" avtiii<AI~ca:JI "''' .. 'a..c:a..O.....,...,NII( \~ \~ ........ T SECTION •g• @/J -__ ... i ..n.·~·~ ;y so.-..c fVK AIIIU.l ~CJ..trt'(J rl[Dt L(V[L rQ SllL l[Yfl. ~liD RESIDENTIAL 2ND FLOOR PLAN AND ANNEX RO(Jl:........E.LAt:':!. $CAL£ 11•· ~ r -o· T T \~ ........ <® SECTION • .,. SECTION T \~ ........ TOV/ER RESIDENTIAl ANO ANNEX lS T FLOOR PLAN SCAI..[• 1/4• • ''·0" SECTION •c• BURN ROOM 12 -- r l T{IIII'(IMJ .. IIQIII:Ifc.K.S•1tl• >-D::o:: ~0 U)t-w:5 >:J U:::E 'iii :E(!) D::z :5:z c(-..J~ ~~ Wo:: z-wu. 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D::z 5z c(--~~ ~~- UJW z~ wLL (!) 0:: ~ ::l :I; iii Cl z z ~ I- I-z w :I; ~ w 0 w 0:: u::: =:r1":""~-~ ti+n&"'~ ~.9:::.:.3 ~:=.:.F- a~:· ~~ aG:..:.SV.:i ~~:r"'i· ~~'l'JL !~ ~-~ ~~~ ··~ee ~~~ 2 IZ c.v I ~ 1 1 =-=: ~ p • \:I I ~ \ : I nll=tliJE=fl --® ll!Oll soc AllJ LITI SOC u£VAra.s ---e GENERAL ALARM -FIVE STORY FIRE TRAINING SIMULATOR FIRE DEPARTMENT TRAIN ING SIMULATOR f 1 -e --® ~NHP • O• 01' .w-e "1'4 Do\ toors""-Ctoo ..C. S1 t OJOI'II)~•IIOl<4XI IQ... 1 U •lU·.lU-J .._....,~··- 10.1."1U'· .. .bi•U.U ••• _..._._ z ~l "flri ... "' ~ REAR SOC IIJJ laOH 90£ UEVATICI.~ ~ GENERAL ALARM-FIVE STORY FI RE TRAINING SIMULATOR FIRE DEPARTMENT TRAINI NG SIM ULATOR fNHP •Ch'l:r..........:lN<OJO'ItCD>SI'I'II.Iti!Or<r<. l!tDuOCIC~•~hOJQ lQ.. tU ·Je)·ltU lo·--..,.._•c- I'Q.lll'l[lt*«»-l5t-nH ..... -"1~- DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Sourcewe~~ ~: Solicitation Number: RFP #011822 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Jahnke & Sons Construction, Inc., dba WHP Trainingtowers, 519 Duck Road, Grandview, MO 64030 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Training and Simulation Equipment and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier's Equipment, Products, or Services Proposal {Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS/ DISTRIBUTORS/ AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplierls authorized dealers, distributors, or resellers relative to the Equipment/ Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment/ Products/ or Services under this Contract will be priced at or below the price stated in Supplierls Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment1 Products/ and Services that are operational for their intended purpose, and includes all costs to the Participating Entity1 s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev.3/2021 2 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev.3/2021 3 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 4 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements}, or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev.3/2021 5 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report {Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name {e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev.3/2021 6 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev.3/2021 7 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev.3/2021 8 OocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev.3/2021 9 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. lB. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy{ies) in effect at all times during the performance of this Contract with insurance company{ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office {"ISO") Commercial General liability Form CG0001 {2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev.3/2021 11 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK no less broad than ISO Business Auto Coverage Form CA 0001 {2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000-annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data-including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Rev. 3/2021 12 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision{s) or endorsement{s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require {by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy{ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Rev.3/2021 13 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State· of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to 11 federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of 11federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, 11 Equal Employment Opportunity'' (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, 11Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, 11 0ffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, 11 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with Rev. 3/2021 14 DocuSign Envelope 10: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 011822-JHK the Copeland "Anti-Kickback" Act {40 U.S.C. § 3145), as supplemented by Department of Labor regulations {29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT {40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations {29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT {33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act {42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended {33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Rev.3/2021 15 DocuSign Envelope 10: 2221D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 {3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment {31 u.s.c. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the 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. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Rev.3/2021 16 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Rev.3/2021 17 OocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C860B70F19 011822-JHK R. U.S. EXECUTIVE ORDER 13224. The Supplier~ and its subcontractors~ must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable~ Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable~ Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time~ with or without cause~ upon 60 days~ written notice to the other party. However~ Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier1 S Proposal. Cancellation of this Contract does not relieve either party of financial~ product~ or service obligations incurred or accrued prior to cancellation. Sourcewell By:G;;~,:~~~~ Jeremy Schwartz Title: Chief Procurement Officer 3/18/2022 I 4:14 PM COT Date: ----------------------------------------- Approved: [p~'&d By: 7E42B8F817A64CC ... Chad Coauette Title: Executive Director/CEO 3/23/2022 I 7:01 PM COT Date: ----------------------- Rev.3/2021 Jahnke & Sons Construction~ lnc.1 dba WHP Trainingtowers "OocuSigned by: By: ~~L.,:rcku Joseph P. Kirchner Title: Executive Vice President 3/23/2022 I 6:37 PM COT Date: ---------------------------------- 18 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 RFP 011822 -Public Safety Training and Simulation Equipment and Technology Vendor Details Company Name: Jahnke & Sons Construction, Inc. Does your company conduct business under any other name? If WHP Trainingtowers yes, please state: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction#: Submitter's I P Address: Bid Number: RFP 011822 519 Duck Rd Grandview, MO 64030 Rob VanBibber info@trainingtowers.com 913-385-3663 800-736-7594 742855791 Monday January 17,2022 08:51:32 Tuesday January 18, 2022 16:02:10 Rob VanBibber info@trainingtowers.com 5b9a1 bf2-b73f-4ed1-b976-1 f3162de71 e6 45.16.238.177 ------------··-···------ Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 Specifications Table 1: Propose r Id e ntity & Authorized Represe ntatives Ge nera l Instruc ti o n s (app lies to all Tables) Sourcewell prefe rs a brief but tho rough response to each question. Do no t mere ly attach add itiona l documents to your response without also providing a substan tive re sp onse. Do not leave answers blank ; respond "N/A" if th e question does not apply to you (preferabl y with an exp lanation). Line Qu est ion Respo nse • Ite m 1 Proposer Legal Name (one legal entity on ly): Jahnke and Sons Cons tru ction , Inc. (In the event of award , wi ll execute the . resulting contract as "Supplie r'') 2 Identify all subsidiary entities of the Proposer WHP Trainingtowers whose equipment , products , or services are . in cl uded in the Proposal. 3 Identify all applicable assumed nam es or DBA WHP Trainingtowers names of the Proposer or Proposer's . subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or DUNS number: Cage Code: 1 LD28 ., DUNS : 04-663 -5053 5 Proposer Physi cal Address : 519 Duck Road -Gra ndview. MO 64030 6 Proposer website address (o r addresses): www.trai ni ngtowers.com . 7 Proposer's Authorized Representative (name, Joseph P. Kirchner title. address. email address & phone) (The Exe cutive Vi ce President representative must have authority to sign 519 Duck Road the "Proposer's Assurance of Compliance" on Grandview. MO 64030 ' behalf of the Proposer and. in the event of joek@trainingtowers .com award , wi ll be expected to execute the 913-343-0446 resu lting contract): 8 Proposer's primary co ntact for this proposal Joseph P. Kirchner (name . titl e. ad dress , ema il address & phone): Executive Vice Pres ident 519 Duck Road . Gra ndview. MO 64030 joek@trainingtowers .com 913-343 -0446 9 Proposer's other contacts for this proposal . if Magg ie Scaletty any (name. title. address. email address & Chief Ope ra ti ng Office r phon e): 519 Duck Road Grandview. MO 64030 maggies@training towers.com 913 -385-3 663 Tabl e 2: Company Informatio n and Financial Stre ngth ~~~: l a uestion !Respo nse • Bid Num ber: RFP 0 11822 Vendor Name: Jahnke & S ons C onst ruc t ion, Inc. DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 10 11 12 13 14 15 16 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. What are your company's expectations in the event of an award? Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. What is your US market share for the solutions that you are proposing? What is your Canadian market share for the solutions that you are proposing? Has your business ever petitioned for bankruptcy protection? If so, explain in detail. How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 011822 Jahnke & Sons Construction, Inc. (JSC) dlb/a WHP TrainingtowersTM (WHP) is a family-owned corporation in the 24th year of business. JSC was established as a local construction company by the owner, Chief William Jahnke (Ret.). In 1997, Chief Jahnke retired as Chief of the Overland Park, KS Fire Department. In 1998, Chief Jahnke acquired WHP. WHP sells pre-engineered fire training towers to fire departments, military, governments, and municipalities throughout the world. JSC's 23 employees work diligently to market, sell, and make the best metal training facility on the market. WHP was established in 1980 and was the first company on the market to offer an alternative to older costly concrete designs. At WHP, we plan, construct, and stand behind the strongest, most rugged metal structure in the fire training business. Our experience, quality and innovation can be seen in more than 900 training tower installations over forty years. We believe that in order to ensure our customers receive the most quality products with the most value for their training program, our involvement throughout the process is critical from start to finish. The majority of our projects are turn-key from design, to fabrication, delivery, and installation. We don't stop there as we also provide training, maintenance, and inspection services after completion of the project. The safety of our communities rides on the success of each of our installations for each individual customer. A Sourcewell contract award would allow JSC dba WHP Trainingtowers to reach more customers looking to improve their training programs. At the end of 2021 we moved our corporate and production facilities to a larger location. This move has doubled our production capacity as well as providing over 4 acres of paved staging and outdoor warehousing space. By marketing a newly executed Sourcewell contract, and creating awareness of our new purchasing platform, we expect to generate immediate interest in both your existing customer base as well as peak the interest of potential customers looking for a purchasing program such as Sourcewell. Financial documents have been attached in the documents portion of our response. Our market share for the US market for metal fire training towers is 60%. In 2021 the portion of our overall revenues to the Canadian government was 12.5% and our Canadian Market Share for Steel Fire Training Facilities is 40% of the Canadian Market. No. From the descriptions provided, JSC dba WHP Trainingtowers is best described as a manufacturer and service provider. There are components of our overall system which we source from our network of suppliers, however as a whole, we design the each training structure, complete the procurement of raw materials and components, and deliver the complete building package to our specifications. Our sales &service force is a combined team of both JSC sales & service employees and regionally located individuals providing sales & services as a third party. This format allows our direct employees to provide immediate functions during the sales and service cycle and assist our outside sales & service team as necessary. We also have the ability to expand capacity quickly through our outside sales & service team. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD -9280-45C86DB7DF19 17 If applicable , provide a detailed explanation We have provided the Fire Service with more pre-engineered metal fire training outlining the licenses and certifications that towers and buildings than any other supplier in the wortd and have done so as a are both required to be held , and actually licensed turn key contractor and building supplier. WHP is currently licensed in 25 held, by your organization (including third stales throughout the United States with the ability to obtain/activate additional parties and subcontractors that you use) in licenses when necessary for a specific project. There are 16 states that do not . pursuit of the business contemplated by this require a co ntractor's license to work in their state. We also provide a third party RFP. engineer review of every training structure we deliver. Our third party enginee rs has the ability to wet stamp our engineered documents in all 50 states as well as every Canadian Province . Engineer wet stamps are required by NFPA 1402. 18 Provide all ·suspension or Debarment" N/A. information that has applied to your orga nization during the past ten years . Tabl e 3: Indus try Recog nition & Mar ketp lace Su ccess Line Question Response • Item 19 Describe any relevant industry awards or We do not have record of any re levant industry awa rds within the past 5 years. recognition that your company has received in the past five years 20 What percentag e of your sales are to the In the past 3 years 98.23%% of our sales have been to Federal, State and Local governmen tal sector in the pas t th ree years Government. 9.63% is federa l government contracts and 1.77% of our sales are to . industry customers. 21 Wha t percentage of your sales are to the Percentage of sa les to the educationa l is 5.48% education sector in the past three years 22 List any state, provincial . or cooperative GSA Contract # GS07F5448P purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 23 List any GSA contracts or Standing Offers GSA Contract # GS07F5448P and Supply Arrangements (SOSA) that you hold. What is the annual sales vo lume for 2019 Sales: $894 ,300.32 . each of these con tra cts over the pa st thre e 2020 Sales: $2,532,166.06 years? 2021 Sales: $1 ,041 ,757.56 Table 4: Ref e re n ces/Test imon ials Lin e I tem 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name • Contact Name • Phone Number • Colorado Division of Fire Prevention and Mark Quick 9707495100 Control University of Maryland Fire Rescue In stitute Pa trick Marlatt 3012269900 Brookline Fire Department John Sullivan 6177302272 . City of Fairfield Fire Department Donald Bennett 5138675379 Massachusetts Department of Fire Services Peter Shipman 9785673164 Bid Number: RFP 011822 Vendor Name : J ahnke & Sons Constructio n, Inc. DocuSign Envelope ID : 2221 D3EA-4FOF -46BD-9280-45C86DB7DF19 Table 5: Top Five Government or Education Customers Lin e Item 25. Provide a list of your top five government, education , or non-profit custome rs (entity name is optional), including e ntity type , the state or province the entity is located in , scope of the project(s), size of transaction(s), and doll ar vo lumes from the past th ree years. Entity Name Entity Type • State I S c ope of Work • Size o f Transac tio ns • Dollar V o lume Pas t Three Province· Years · Farme(s Government Texas-TX Tum-Key design, manufacture , 51,536 ,443.56 50.00 Branch Fire install of a custom high-rise fire Department train ing structure including . foundation design, foundation installation, and utilities. Pa lm Beach Government Florida-FL Turn-Key design, manufacture , 51 ,472,411.86 $1,472,411 .86 Gardens Fire install of a custom high-rise fire Department training structure including . foundatio n design, foundation installation, and utilities. Luzerne Education Pennsylvania -Turn-Key design , manufacture , 51 ,365 ,878.49 527,908.49 Community PA install of a custom high-rise fire College training structure and service Santa C larita Education California -CA Turn-Key design, manufacture, $2,168,284.00 $0.00 Community install of a custom high·rise fire Co llege training structure including . foundation design , and foundation installation . Los Angeles Government California -CA Tum-Key design , manufacture . $4,370,680.60 SO.OO County install of a custom hazmat . training center. Table 6: Ability to Sell a nd Deliver Service Describe your company's capab ili ty to meet the needs of So u rcewe ll part icipating enti ties across the US and Canada, as app licable . Your re sponse should address in detail at least the following areas : locations of your network of sa les and service providers, th e number of workers (full-time equiva lents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sa les and service functions. ~~~~ !Questio n I Res ponse • Bid Number: R F P 011822 Vendor Nam e : Jahnke & Sons Constru ctio n , Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 26 27 28 29 30 31 32 Sales force. Dealer network or other distribution methods. Service force. Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Bid Number: RFP 011822 The WHP sales team is made up of two internal sales representatives, three contracted external sales representatives, and two internal auxiliary sales staff. Our internal sales staff is located at our corporate location in Missouri while the three outside sales people represent the Northeast. Southeast and South regions. Together, they call on potential clients and create a custom fire training tower that fits the needs and wants of each client's community. Our sales force works together to meet the following objectives: • Increase sales and profits • Increase customer numbers • Increase upsells and cross-sells • Increase productivity • Enhancing the sales process. For years, WHP has been at the forefront of customer-focused fire training towers, offering a full tum-key approach to department's fire training needs. Over this time, we have built a wealth of knowledge, from industry experts and experience, in what department's need and want for their community. Combining our industry knowledge and our experience in delivering complex training towers, WHP is well placed to help customers quickly see a return on their investments. We understand that a successful implementation is more than just delivering a building, this is why we also work with our clients to provide post-sale support and deliver a training program to enable their department. By choosing this approach, departments will directly benefit from our expertise and knowledge of the industry. While the fire industry faces different challenges within their community, we know our clients have individual needs and priorities. Our team is flexible and adaptable to easily configure a custom training tower that will fit and help any department's needs and wants. Our consultants will work with the departments to identify which capabilities are required and deliver those priorities accordingly. Using our in-house production and manufacturing team, allows us to accelerate this process and help departments move quickly into building their fire training tower. Most all of our sales are direct to customer sales. We feel that it is important to communicate directly with our customers as much as possible during the design, manufacturing, delivery, installation, and post-sale support. We do sell some products through our network of affiliates when it makes the most sense for the end use customer. The WHP service team comprises of two field technicians, two service technicians, and a third party contracted service company. We have the ability to deploy personnel to five separate locations at one time, or combine a team of technicians for larger service calls. Our technicians also communicate remotely with our customers, answering questions and helping our customers with simple upgrades or modifications. After the inside or outside salesperson has refined the design to meet the customer's needs and the order is processed, the Inside salesperson then submits the customer's purchase order to our project management team. All orders are initially reviewed by the salesperson who is the point of contact during the sale, then they are submitted to project management for initial logging and to start the project cycle. The salesperson is involved in the project hand-off and to answer any specific questions that the customer or the project management team have prior to the start of the project cycle. Customer service comes through several channels, typically from project management, warranty, sales, or web contact. Each inquiry is logged into our CS database system by the database manager and tagged based on subject. The subject tag initiates the team member with the best expertise to solve the customers issue/concern. Many CS items are resolved utilizing remote communication for example instructions on operating a temperature monitoring system would be handled by our a technical service team member. Our initial response goal is 24 hours, with follow-up remote service able to be conducted immediately. CS requests that involve field service can typically be performed within two weeks, depending on complexity and customer urgency. In rare urgent cases, we have mobilized within 24 hours for customer service. As a US based company, the majority of our projects fall within the United States. As stated previously, our contractor licensing resume and ability to obtain additional local licenses or certifications allows us to work anywhere in the United States. The majority of the projects we provide to Canada are materials supply contracts for installation by local professionals. We limit our current staff to work under our licenses in the United States, but we do make available our technicians to consult on Canadian installations either remotely or in-person at the customer's request. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 33 Identify any geographic areas of the United We are currently able to provide material products and service in all parts of the States or Canada that you will NOT be United States and material products in Canada. We offer consultation services in fully serving through the proposed contract. Canada for the installation portion of the project. 34 Identify any Sourcewell participating entity We currently do not have a limit on participating entity sectors. sectors (i.e., government, education. not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example. does your company have only a regional presence. or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements Some of these regions require the local workforce to supply a percentage of the or restrictions that would apply to our work on the project. If this Is the case, we would work with the customer to provide participating entities in Hawaii and Alaska the appropriate amount of field consulting to ensure proper installation of the and in US Territories. product(s). Labor and Freight rates will be affected in these regions also. Table 7: Marketing Plan Line Item 36 37 38 39 Question Describe your marketing strategy for promoting this contract opportunity. Response •' j Each year, WHP's marketing focuses on eight main objectives: Upload representative samples of your 1. Increase lead quality marketing materials (if applicable) in 2. Reduce the percentage of lost sales Increase a customer's lifetime value the document upload section of your 3. response. 4. Improve awareness and demand around new products New product launches Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Are your products or services available through an a-procurement ordering process? If so, describe your a-procurement system and how governmental and educational customers have used it. 5. 6. 7. 8. Increase profitability Create new revenue Increased brand awareness. Partnered with the sales team, WHP attends an average of 20 trade shows each year to obtain these objectives. Promotion of these shows is done through social media marketing, email blasts, networking and direct paid advertisements. As a result, we see hundreds of potential new customers each year through trade shows. The opportunity to hold a Sourcewell contract will give us the ability to promote the contract as a tool for customers to get the quality product they envision for their community in a streamlined, turn-key delivery method. We understand that not all opportunities will fit within this contract, however, out goal will be to present our Sourcewell contract as one of the primary solutions available to them. Knowing our historic customer base. it will give us the opportunity to introduce many more entities to the Sourcewell name. Currently, WHP's products are featured on Facebook, lnstagram, YouTube, and Linkedln. We have gained followers and interacted with over 4200 customers through these outlets since January 1, 2022. Through these outlets we promote our new customers that are added to the WHP Family, training articles, well wishes for holidays, grant information, partner companies, and blog entries. As we tell our customers, we are experts in our field, just like Sourcewell is the expert in getting their participating entities the resources they need. We have designed and constructed over 900 projects, but we have never built the same thing twice. All of our customers are unique and we use the historic knowledge of our past customers to help each new customer define a solution that best fits their needs. We aren't interested in trying to sell them the same thing we sold before. We want to listen to them and provide them the best solution and we feel that Sourcewell's role will be to help the participating entities understand the ease of procuring a training solution specific to their community's needs. We do not currently have an a-procurement platform for our products. .. .. .. Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID : 2221D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 8: Value-Added Attributes Line Item 40 41 42 43 44 45 Question Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details , such as whether training is standard or optional , who provides training , and any costs that apply. Describe any technologica l advances that your proposed products or services offer. Describe any "green" initiatives that relate to your company or to your products or services , and include a list of the cert ifyi ng agency for each . Identify any third-party issued eco- labels, ratings or certifications that your company has received for th e equipment or products included in your Proposal re lated to energy efficiency or conserva tion , life-cycle design (cradle-t o-cradle), or other green/sustainability factors. Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business cert ifications that you r company or hub partners have obtained. Upload documentation of certi fi cation (as applicable) in th e document upload section of your response. Wha t unique attributes does your company, your products , or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it app lies to Sourcewe ll participating entities? Bid Number: RFP 01 1822 Respons e • We list a two-day Live Fire Fixed Faci l ity Training Cou rse conducted at the customer's training facility for up to 12 trainees. The course complies with NFPA 1403 standards . In addition, the course will be customized to meet the specific requirements of the fire department. This content as we ll as current prin ciples and practices associated with live bum training will be fac il itated by a WHP Trainingtowers Training Consultant. This course delivery will consist of the purposes and processes necessary to comply with NFPA 1403 standards to ensuring that live fire training evolutions are conducted in safe facilities with minimal exposure to health and safety hazards for fire figh ters. This includes both curriculum-based team ing as well as hands-on practical training in the fire department's own fixed facility structure . This course will include a minimum of 4-hours that will consist of an active overview including the completion of live burn tra ining evolutions and burn procedures with the instructor in order to review practical live fire training applications specific to the cus tomer. The textbook associated with this course is Live Fire Training: Principles and Practice . 1st Edition. ISBN-13 : 9781284041231. WHP Train ing Towers will not supply the textbooks as they are not required for course completion. Upon successful completion of this course, trainers will receive a certification of course completion from WHP Trainingtowers stating successful completion of the requirements as stated within NFPA 1403 standards. This is an optional program and costs $7,125 per sess ion and is detailed in our pricing attachment. Specific to our burn ro oms, we offer out Patent Pending Padgenile lnterlockTM thermal lining system. This thermal lining system is further described i n the attached marketing material , however the highlights of this product include reduced maintenance, highes t surface durab ility on the market , and the best overall thermal resistance as compared to the durability. We also are offing our Patent Pending MODx modular fire training structures. These structures offer a modular construction solution without the need for structural walls. This allows the walls, windows , and doors to be interchangeable unlike other building systems requiring fixed structural walls and sta ti onary doors and windows. With ou r burn rooms we include a battery operated WIF I enabled tempera ture monitoring system. This system allows for viewing and operation from up to 5 handheld devices through the available app. As our tra ining structures are primari ly manufactured from steel , we fo llow ini tia tives to utilized recycled content in our raw steel products. Our initiative is relevant to the "Leaders in Energy and Environment Design " LEED rating system. Our Alarm Series raw structura l materials are manufactured in accordance with ISO 9001 quality standards. Ou r Padgenite l nterlockTM raw th erma l materials are manufactured in accordance wi th ISO 900 1 quality standards We are registered as a small business through SAM (Sy stem fo r Award Management). We are the only provider in the industry offering the Patent Pending MODxTM , Patent Pending Padgenite lnterlockTM , and exclusive Alarm SeriesTM products. We also offer freight and labor for installation making this a true turn-key so lution, unique to others in the industry. Because these products are so unique, having our company, the manufacturer, also provide th e installation makes this a true turn-key benefit for the customer knowing they have one point of contact throughout the process and beyond. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line ~esponse* '• ':· .. Item Question j '. .; ::::': I . .. 46 Do your warranties cover all products, parts, and WHP Trainingtowers carries various warranties across our line of products labor? from 1 year to 40 years. We offer a standard 1 year labor warranty, then . extended warranties on various materials as defined in the attached warranty samples. 47 Do your warranties impose usage restrictions or Our warranties do require end users to operate the structure per NFPA or * other limitations that adversely affect coverage? any other state guidelines and maintain the system per the O&M manual. 48 Do your warranties cover the expense of Our labor warranties do cover all costs associated with labor including time, technicians' travel time and mileage to perform travel, and mileage. .. warranty repairs? 49 Are there any geographic regions of the United We have the ability to provide warranty repairs in all 50 states. We do not States or Canada (as applicable) for which you have labor available in Canada at this time, however we do work with cannot provide a certified technician to perform companies within Canada to ensure warranty issues are addressed in a .. warranty repairs? How will Sourcewell timely manner. participating entities in these regions be provided service for warranty repair? 50 Will you cover warranty service for items made by The majority of our warranties are direct warranties from WHP other manufacturers that are part of your proposal, Trainingtowers as the manufacturer/installer. We do have some extended or are these warranties issues typically passed on warranties from our network of material vendors. Some vendors we have ·• to the original equipment manufacturer? worked with for over 25 years and have a long standing relationship to ensure warranty issues are addressed properly. 51 What are your proposed exchange and return In most cases, we will repair or replace the material in question and if it is * programs and policies? no longer available we will replace with a material of equal or greater value. 52 Describe any service contract options for the We provide an option for an annual inspection/maintenance visit which items included in your proposal. includes labor and a small amount of stock materials for any repairs . necessary. This item is detailed in our pricing attachment. Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 Table 98: Performance Standards or Guarantees Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item 53 54 Question Describe any performance standards or guarantees that apply to your services Describe any service standards or guarantees that apply to your services (policies, metrics, KPis, etc.) Bid Number: RFP 011822 , .... ··. :;:--· .:· ' ''· '· .. ' '· .. :·~. ;,::~~~; :-:.:._.;' :', : The reason WHP Trainingtowers gravitates towards a tum-key solution centers around our ability to control the process and provide a full guarantee to the customer. With our direct involvement throughout the process from design to engineering and manufacturing to installation; we take full responsibility for the success of the project. We have been providing these services for years and our customers expect us to stand behind our products because we are involved in every aspect of their project. The customer has one phone call to make and we take care of the rest. Specific standards we have in place include: • Track each instance of reported incorrect parts/assemblies and identify if the problem is with the CAD, tool-paths or process and amend as needed. • Track makeup· shipments per project, then correct master packing lists, takeoff spreadsheets or embedded CAD blocks as necessary. Review takeoff/shipping procedures if the makeup shipments exceed .25 per project. • Track weld/fitting re-works during QC. Do additional training if re-work exceeds 1% of welds or one in 10 assemblies for fit-up issues. • Track shipment requested date and date shipments are assembled for departure. Track down where issues that cause any late shipments and adjust Kanban limits/lead time guidelines as necessary. • Review each project with the installer to address any shortages, fitment issues, or design change requests. • CNC equipment to be checked for slop, binding and squareness as recommended by manufacturer or shop procedures. CNC operators to be trained and cleared by the shop manager. • Welders are certified and checked out by shop management. Specific standards which apply to our services include: • All installations are punch-list walked through by an in-house WHP Installation Inspector before completion. • Items that cause field issues more than three times shall have the installation details reviewed and edits or re-engineering notes sent to installation technicians/contractors. • All shipments from WHP/vendors shall be checked and contents verified upon delivery to prevent delays in the case of shortages. • Shortages, fit-up issues or incorrect hardware is reported to PM for review with the vendor or WHP shop to correct as needed. • Any deficiency requiring a charge-back shall generate a report explaining the specific issue, the field remedy, and a recommended correction. Vendor Name: Jahnke & Sons Construction, Inc. DocuS ign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 10: Paym e nt Terms and Financing Options Line Qu estion Item 55 Descri be your payment terms and accepted payment methods . 56 Describe any leasing or financing options available for use by educationa l or governmental entities. 57 Describe any standard transaction documents that you propose to use in connection with an awarded contract (orde r forms . terms and conditions . service level agreements , etc.). Up load a sample of each (as applicable) in the document upload sect ion of your response. 58 Do you accept the P-card procurement and payment process? If so , is there any additional cost to Sourcewell part icipating entities fo r using this process? Bid Number: RFP 011822 Res p on se • In general , our payment te rms are as follows, however can be negotiable depending on cus tomer's req uirements: For materials a deposit of 25% on the bu ilding package is due on receipt of order (signing of contract). Ba lance of paymen t on materials due on . delivery to site. No retention on mate rials. Labo r will be billed monthly. Invoices not in dispute over 30 days wi ll be assessed 1 Y2 % per month on balances in excess of 30 days. We work with lease/finance companies to provide financing options. . These options can be quoted . as an open market line-item cost. Once a contract is awa rded , we wi ll adhere to the terms and conditions se t forth in the Sou rcewell contract. Individual transactions with partici pat i ng entities can either be contracted wit h . their PO or we can issue a written co nstruction con tract, a sample of which has been prov ided in th e attachment section. We are not set up fo r P-Card procurement at this lime . . Vendor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item 59 60 61 62 63 64 65 66 Question ! I Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. Propose a method of facilitating "sourced" products or related services, which may be referred to as "open marker items or ·nonstandard options". For example, you may supply such items "at cosr or "at cost plus a percentage," or you may supply a quote for each such request. Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Describe any unique distribution and/or delivery methods or options offered in your proposal. Bid Number: RFP 011822 Response* We have included an overview document including our pricing schedule. In general, we offer a 10% discount on our list pricing for our materials items and a 5% discount for our service related items. We offer discounts from list pricing in the 5%-10% range. We do not include any volume discounts or rebates at this time. We want to make an effort to customize each building to provide a comprehensive package that meets each customer's specific needs. Part of that effort requires us to have the ability to source options to be included as open market or non-standard items. We propose the same structure off of our open market list pricing with a 10% discount on open market materials list pricing and a 5% discount on open market service items. Our pricing includes all materials, freight, and labor line items necessary for the successful completion of the project. We offer a foundation design option for the customer to utilize with their local forces to install a foundation prior to our installation. We also recommend concrete fill on metal floor decks in our Alarm series for a complete installation. Some other items which we exclude, however may not be necessary for a complete installation include freight beyond 750 mile radius of Grandview, MO, prevailing wages, taxes, bonds, and permits. We offer a freight line item for each one of our materials packages within a 750 mile radius of Grandview, MO which covers the majority of the continental United States. We will include an open market line item for any freight beyond this radius. Containerization is required for most shipments to Alaska, Hawaii, or other off-shore locations. We would containerize at our facility and deliver the containers to the port at which our base freight line item would be invoiced. We then would issue an open market line item for the additional ocean freight costs associated with providing our materials package to an off-shore location. Most Canadian locations can still be reached by over-the-road trailer and our open market freight line item beyond our 750 mile radius would take effect. In order to provide the complete turn-key solution that Sourcewell participating entities are looking for, we are offering line items for materials freight, and labor. Not all Sourcewell customers will want a complete tum key solution, and by itemizing our costs into these three line items, they can choose anywhere from materials only, all the way to a full tum-key installation. With our great history in providing tum-key solutions across the US, and our 25 contractor licenses and counting, we know that our packages offer a unique opportunity for Sourcewell participating entities to obtain a fully designed, manufactured, and installed fire training structure. Also, our bum room options are designed as Class A bum rooms meaning customer's can bum combustible materials such as wood and straw, but they would also have the option to purchase a Class B (propane or NG fired) prop from a Gas-fired prop company for installation within our bur room system. Our framework allows the customer a multitude of options during the installation and post- installation. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Enve l ope 10 : 2221 D3EA-4 FOF-46BD-9280-45 C86 DB7 DF1 9 Table 12: Pr icing Offe red Lin e The Pri cing Offered in t hi s Proposal is: • Comments Ite m 67 c. be tter than the Proposer typically offers to GPOs . coopera tive procurement org anizations, or state purchasing We offe r mate rials pa ckages dep artmen ts. Table 13: Aud it and Adm inistrative Fe e Li ne Item 68 69 Qu es tion Specifica lly describe any self-aud it process or program that yo u plan to employ to verify compl iance wit h your proposed Contract with Sourcewell . This process incl udes ensuring that Sourcewell participating entities obt ain the proper pric ing , that the Ve ndor reports all sales under the Contra ct each quarter, and that the Vendor remits th e proper adm inistrat ive fe e to Sourcewell. Provide sufficient detai l to sup port your ability to report qua rte rly sales to Sourcewe ll as described in the Contract temp late. If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success wi th the contract. through other purchasing organizations , however Sourcewell's platform is unique wi th a focus on providing turn-key so lutions. We understand the opportunity for participat ing entities to streamline thei r project with this purchasing platform , and we ha ve structured our pricing to be uniq ue to meet Sourcewell's turn-key request. We have structured our pri ci ng to best meet the needs of those participating entities looking for a true turn-key solution through a Sourcewell contract. Response - Whe n our salespeople generate a Sourcewell quote or estimate they wi ll den ote on the quote or estimate that it is Sourcewe ll pricing. Upon receiving a s igned quote or pu rc hase order based on th e quote the salesperso n then hand s the approved quote or purchase order over to project managem ent who generates a project number or sales order number. On Sourcewell projects and Sourcewell sa les the orde r is denoted fo r a projec t as Location Year-W-Proje ct Number SOURCE For exa mple : Kansas City , KS 21-W-911 SOURCE For a sa les order it is denoted as Location S-Sales Order Number Sour ce we ll Examp le: Kansas City, KS S-20526 SOURCE Th ey are co ded with the Modifier "SOURCE" behind their project number or sales number and wi ll be rev iewed quarterly by jo b type. We will use a cou ple of diffe rent metrics to track our success with the contrac t. Fiscally we will use percen tage of sales of Source well sales aga inst our percentage of overa ll sales in order to track our immediate success. In addition , we wi ll track our success rate by look ing at data analytics associated with all of our marketi ng engagements and social media engagement targeted specifically to Sourcewell buye rs. 70 Identify a proposed administrative fee that you wi ll pay to We propose a fee of 1.25% of our sa les unde r the contract. Sourcewell for faci litating , manag ing , and promoting th e Sourcewell Contract in the event that you are awarded a Con tract. This fee is typically ca lculated as a percentage of Vendor's sa les under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cos t of goods . (S ee the RFP and template Contract for add itional details.) Bid Number : RFP 01 1822 V endor Name: Jahnke & Sons Construction, Inc. DocuS ig n Enve lope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 14A: Depth and Breadth of Offered Eq uipment Products and Serv ices Line Item 71 72 Question Provide a detai led description of the equipment , products , and seNices that you are offering in your proposal. Within th is RFP category there ma y be subcategories of sol utions. List subcategory titles that best des cribe your products and seNices. Bid Number: RFP 011822 Response • WHP Trainingtowers n.• offe rs bot h structural steel fire training tower options as well as modu lar fire training systems in a variety of models and configurations to meet your training needs. Our offering of standard options and models as well as custom config uratio ns provides the ability to better control venti lation and fire suppression in a way tha t more rea l istically mimics the challenges of today 's modern fi re environment. WHP TrainingtowersrM provides extensive background in the des ign, and cons truction of fire training faci lities. Our team approach to this projec t would be to develop , fro m the specifications , a pre l iminary design of th e bui lding . We would then meet with the participating entity and an y other parties identified by the participating entity to review all aspects of the building as it pertains to tra ining operations and site adaptation to the specific si te. From this input we would : Deve lop working drawings for review and cha ng es as appropriate and finalize for approval. Develop our bu ilding submittal pac kage to present to the authority having jurisdiction fo r app rova ls and permits. • Prov ide a cons truction schedule input to keep the project on schedu le and meet the completion dates. • Provide mon thly updates on schedule and cost. • Prov ide erection of the building . • Prepare maintenan ce and ope rationa l manuals . Final acceptance of the proje ct by the Owners. We set a high standard for our bu ild ings with regard to qua lity . Our team is trained to pay attention to minor details in the fabrication of the building and the quality of the ma teria ls supplied . We have a check list that every crew must fo ll ow which acts as a reminder to them of the level of quality we expect on each project. This attention to quality is reflected in our offering a 5-y ear warranty on our structure and 40-yea rs on the paint. More importantly it is reflected in ou r sat isfied customers and longevity of our structures. We truly mean "Bui lt to Last". We pride ou rse lves on once a contract is exec uted, we se ldom, if ever, have cha nge orders on a project except when the owner changes the scope of a project. We strive to anticipate problems before w e fina lize our drawings minimizing change orders and cost overruns . Completion of your project on time and in budget is our number one priority. WHP Training towe rs r"' prides itse lf on our safety record . We have had no lost time accidents on a job site for the pas t seven years. We ha ve a written loss contro l plan , which is applied to every projec t. We require our subcontractors to have written safety plans and we monitor the ir activities to ensure a safe working environment is main tained on the projects. WHP would provide the fi re train ing building des ig n, deliver the bu il ding package , fo ll ow through on fina l approva l and close out of the project. Since 1980 WHP has pro vided the Fire SeNice with more pre-engi neered fire training buildings than any supp lier in the world. We are owned and operated by Fire SeNice Professionals prepared to partner with you from the initial needs assessment to acceptance of the completed product. Our success is directly tied to your satis faction. WHP Trainingtowers "' offers many advantages over other options on the market: Strength -Nothing in our structu ral components is lighter than 18-gauge hot dipped galvanized metal. Low Maintenance -Built into the system Safety -OSHA complian t, engineered to meet YOUR loca l building codes • Rea lism -Designed to si mul ate "real world" condi tions We blend a strong commitment to quality and safety with the experience to do the job right. As sub-categories to our fixed and modular train ing facili ties/structures, we offer the foll owin g: . Fre ight . Labor to install . Foundation Des ig n . Tra ining . SeNice/Maintenance . Inspections Ven dor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19 Table 148: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment. products , and services are offered within you r proposal. Provide additional comments in the text box p rovided , as necessary. Line Item Category or Type Offered • Comments 73 Facilit ies , structures (fixed or mobile), equipment, r. Yes We offer both fixed and modular fire props, supplies , and consumables . r No training facilities/structures and well as burn rooms and roof props all as Sou rcewell contract line items. We can provide additional customization though ou r open market platform. 74 Augmented or virtual reality, interactive , and digita l rYes We do not offe r augmented or virtual simulation tech nology an d re lated software , r. No rea lity at this time. hardwa re , or equipment. 75 Instructi ona l, educa tional , and traini ng programs or r. Yes We offer a training program adhering systems wi th re lated materials and supplies . r No to NFPA 1403 as defined in our atta ched proposal . 76 Services related to the offering of the so lutions r. Yes Des ign , Installation , Maintenance , described in RFP Sections 1. a. -c ., including r No Repair, and Training are all provided design , installalion , maintenance , repair, training, as line items in our pricing structure. integ ration , support , an d cus tomization. We can also assis t wi th integration of props or components from other vendors as we ll as customization through our open market platform. B id N u m ber : R F P 0 11822 Vendor Name: J ahnke & Sons Construction , Inc. DocuSign Enve lope 10 : 222103EA-4FOF-46B0-9280-45C86087DF19 Table 15: Industry Specific Questions Line Item 77 78 79 80 81 Qu estion Describe your products/services interoperability with other public safety equipment, software and sys tems , if applica ble. Des crib e your strate gy re lated to implementation, use of in stall atio n pa rtn ers and inte gratio n with oth er training prod ucts and sys tems if applica bl e. Exp lain your licensing process and service agreements with end use rs. Describe compliance to appli cabl e nati onal standards such as : Natio nal Fire Protectio n Associati on (NFPA), Occupationa l Safety an d Hea lth Adminis tration (OS HA), and American National Standards Institute (ANS I). Exp lain and provide in formation about any design services you provide if applicab le. Bid N umber : RF P 011822 Response • Ou r products provide both fixed and modular s pace allowing the end user to ut il ized the space for thei r firefighter, police , and public safety training pro grams. The end user's equipment and techno logy can be utilized within the open spaces provided in our fixed and modular training facilities/structures . Many of our customer add additiona l feat ures such as Class B gas-fi red pro ps, stan dpipes, sprinkle rs, smoke machines , etc. all avai lable through our ope n marke t purchasing structure. As a tu rn-key des igner, man ufacturer, and ins tall er, we have the abili ty to integ rate a mu ltitud e of options, wheth er from our open market st ru cture or with anot her ve ndor's trai ning products. Wi th our cons tant involvem ent in our projects from start to fi nish, we are fam ili ar wi th all differen t types of trai ning products that ca n be added during constructio n or pos t-insta llatio n. We work to make sure our customer has th e bes t solution for them whe ther it is from our list of market or off-market so lutions, or integrating with another vendor's so lution. We currently carry 25 sta te contractor licenses and including the 16 sta tes tha t do not require a l icense , th is allows us to remain active in the majority of the states in the co untry. We also activate other state licenses or loca l licenses if necessary for comp letio n of the contract or service for the end user. With our Annu al Ins pectio n and Ma in tena nce agreeme nt , we agree to bring th e training str uc ture back up to service co ndit io n and he lp the end user ma intain compliance with NFPA 1402. Our structures comply wit h the foll owing standards: A. Nati onal Fi re Protection Association (NFPA) 1. NFPA 1402 -Standard on Faci lities for Fi re Training and Associated Props 2. NFPA 1403 -Standard on Live Fire Tra ining Evolutions B. American Society for Tes ting and Mate r ia ls (ASTM) C. AWS 01.1 -Structura l We lding Code -Steel D. Americ an Institute of Steel Constru ction (AISC), Manual of Steel Construction , latest edi tio n E. Occup ational Safety an d Hea lt h Standa rds (OSHA) 1. 29 CFR 19 10.23 -Guard in g Wa ll and Flo or Ope nings 2. 29 CFR 1910.24 -Fixe d In dus trial Sta ir s 3. 29 CFR 1910.27 -Fixed Ladders F. Steel Deck Ins titu te (S Ol). SOl 30 -Des ign Manua l for Composi te Decks, Fo r m De cks , Roo f Decks ; Steel Deck Institute, Inc. It is important fo r the safety of the tra inees to mainta in comp liance with these standards and stay informed with any potentia l changes . Rece ntly NFPA 1402 went through a major revision causing many suppl iers to redesign the ir standa rd training structures . WHP was ahead of th e cha nges and we had already implemented many of the now req uired featu res into our building system. We continue to lead the ind ustry whe n it comes to introducing new and sa fer fea tures. Also , the Pres id ent of our compa ny is hig hl y respected in the indus try and curren tl y sits on the eva lua tion board for NFPA 1402. All of our ma teria ls packages incl ude design as part of the delivery. We also include a third party engineer review and wet stamp as part of that package as defined in our Pricing proposa l attachm ent. W e offer an optiona l foundati on design l ine item which provides the participa ting entity an option to have us desig n the foundat ion for their use in self-performing or hiring the founda tion installation loca lly, Vendo r Name: Jahn ke & Sons Constr uction , Inc. OocuSign Envel ope 10 : 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 82. NOTIC E: To identify an y exception , or to request any modification , to the Sourcew ell template Contract terms, conditions , or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract sectio n, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and wi ll not automatically be included in the contract. Contract Section Term, Condition, or Specification Exception o r Proposed Modification Documents Ensure your s ubmission document(s) conforms to the following : 1. Do cuments in PDF format are preferred . Doc uments in Word , Excel , or compatible formats may also be provided. 2. Documents should NOT have a security password , as Sourcewe ll may not be able to open the file. It is your so le responsibi lity to ensure that the up loaded document(s) are not either defective , corrupted or blank and that the documents can be opened and viewed b y Sourcewe ll. 3. Sourcewell may reject any response where an y document(s) cannot be opened and vi ewed by Sourcewell. 4. If you need to upload more than one (1) document for a sing le item, you shou ld comb ine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named , in relation to the su bmi ssi on form at it em responding to. For example, if responding to the Marketing Pla n category save the document as "Marketing Plan ." • £riQng -WHP RFP pricing and detail response 1-18-22.pdf-Tuesday January 18, 2022 10:2 5:57 • Financial Strength and Stability -JAHNKE & SONS CONSTRUCTION , INC-POE ISS UED FIN ANC IAL STATEMENTS 2020.pdf - Tuesday January 18, 2022 11 :42 :00 • Marketing Plan /Samples -Marketing Brochures.zip - Monday January 17 , 2022 18 :20:0 1 • WMBE /MBE/SBE or Related Certificates (optiona l) • Warranty Information -Combined Alarm , MODX, Pad genite Interlock warranties sample.pdf -Monday January 17, 2022 18:03:14 • Standard Transaction Document Samples -Sourcewell Transaction Oo cuments.z ip-Tuesda y January 18, 2022 08 :18:15 • Upload Additiona l Pocument -Sales Elowchart.jpg-Monday January 17, 2022 18:20:32 Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86087DF19 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents. and subcontractors are not 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https"//www.treasury.gov/ofac/downloads/sdnlist pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. J;; By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. -Joseph Kirchner, Executive Vice President, Jahnke and Sons Construction, Inc. dba WHP Trainingtowers The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum_1_PS_ Tralnlng_Simulatlon_Eqpt_ Tech_RFP _011822 Tue December 14 2021 07:23AM I have reviewed the below addendum and attachments (If applicable) ~ Pages 2 Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. Exhibit B 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: US Dept of Treasury American Rescue Plan State and Local Recovery Fund (SLFRF) Program passing through Cole County Missouri The amount of the grant: $200,000 The purpose of the grant: Fire Tower Hyde Park Project 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) No match required. CFDA#: 21.027 Grant Award # (if any): n/a City Department Responsible: Fire Department Employee assigned as Grant Administrator: Matthew Schofield Revenue account # to be amended: 10-990-430010 Federal Grants Expense account # to be amended: 10-990-599507 Hyde Park Burn Building 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 with Ordinance _________________; Bill ____________________ on this _______ day of _______, 20_____ Revised 8/2/16 by Ordinance 15545 Bill 2022-112 Exhibit C SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Sales Tax G Fund: 45-100-495995 Transfer From (To) Surplus $298,461.85 45-990-599507 Hyde Park Burn Building $298,461.85 BILL SUMMARY BILL NO: 2022-113 SPONSOR: Councilmember Hensley SUBJECT: Authorizing Amendment to Budget 2022-2023 by Supplemental Appropriation to Wastewater Enterprise Fund DATE INTRODUCED: March 20 , 2023 Staff Recommendation: Approve Origin of Request: City Staff Department Responsible: Public Works Person Responsible: MATTHEW J. MORASCH, P.E./Eric Seaman', P .E . Background Information: In Fiscal Year Budget 2021-2022 a spreader truck was approved and a subsequent purchase order issued February 22, 2022 . Due to material and equipment delays, the spreader truck was not delivered before the end of Fiscal Year 2021-2022 . This bill will adjust the FY2022-2023 Budget to allow for the delivery and payment of the previously approved purchase order. Fiscal Information: Funds will come from the Wastewater Enterprise Fund Accounts as follows: Revenue 64-100-495995 Transfer From (To) Surplus $ 213 ,730.00 Expenditure 64-670-572020 Purchase of Equipment $ 213,730.00 BILL NO. 2022-113 SPONSORED BY Councilmember Hensley ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE 2022- 2023 BUDGET OF THE CITY OF JEFFERSON , MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER ENTERPRISE FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . There is hereby supplementally appropriated within the Wastewater Fund $213 ,730 .00 as indicated on Exhibit A , attached hereto . Section .f.. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ---------------------Approved : ___________ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM: City Clerk CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5 .) Of the Charter of the City of Jefferson , Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin Bill 2022-113 Exhibit A SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2022-2023 BUDGET Wastewater Fund: Revenue 64-100-495995 Transfer From (To) Surplus $ 213,730.00 Expenditure 64-670-572020 Purchase of Equipment $ 213,730.00 BILL SUMMARY BILL NO: 2022-114 SPONSOR: Councilmember Wiseman SUBJECT: Purchase of Electronic Tablets by Employees and Officials DATE INTRODUCED: March 20 , 2023 DEPARTMENT DIRECTOR: Staff Recommendation: Approve . Summary: This bill would authorize City employees and elected and appointed officials to purchase the electronic tablets issued to them upon sepa rat io n from the City for the fair market value in a used condition. Origin of Request: Finance Department Department Responsible: Finance Department PERSON RESPONSIBLE: SHIELA PEARRE, Di rector of Fi nance and ITS Background Information: This bill wou ld authorize City e mployees and elected a nd appointed officials to purchase the electronic tablets issued to them upon separation from the City for the fair market value in a used condition . This is an e xception to the general rule that surplus property must be made generally availab le to the public . This would allow the ITS Department to more accurately budget for tablets upon City Council t urnover a nd employees retirements/separat ions . Fiscal Information: The fiscal impact would be variable based on City Council turnover, employee separations, and utilization of the program . Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-114 SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE AMENDING THE PURCHAING CODE RELATING TO ELECTRONIC TABLETS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 26A-55 (Surplus Property) of Article II (Purchasing Division) of Chapter 26A (Purchasing and Finance) of the Jefferson City Code is hereby amended by adding a new subsection “E” thereto to read as follows: Sec. 26A-55. - Surplus property. A. The City Administrator may declare any property which has a reasonable fair market value of less than $1,000.00 and which is no longer beneficial to needs to the City to be declared surplus and dispose in a manner most financially beneficial to the City or donate to a not-for-profit organization or another political subdivision. On a yearly basis, or as needed, the Purchasing Agent shall submit a report to the City Council identifying all property declared surplus pursuant to this provision. B. Any property (other than motor vehicles) which has a reasonable fair market value of more than $1,000.00 shall be disposed of by a method approved by the City Council. Such method shall be approved on the consent agenda. C. Disposable property. Notwithstanding the foregoing paragraphs the Purchasing Agent may designate types of personal property as "disposable" which may then be disposed without annual notice to the City Council. To be "disposable" the property must be declared as disposable by the Purchasing Agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags, and cardboard. D. City employees shall not be allowed to purchase surplus City property unless such property is sold to the highest bidder, or if offered at a pre-determined price then only after the item has been offered to the general public for no less than six days. E. Notwithstanding Subsection D above, beginning May 1, 2023, electronic tablets personally issued to employees or elected or appointed officials by the City may be purchased by such employee or official upon separation from the City for the fair market value of such tablet in its used condition. Fair market value shall be determined by the Purchasing Agent. ' Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ___________ _ Approved : ________ _ Presiding Officer Mayor Carrie Tergin ATTEST : APPROVED AS TO FORM: City Clerk Editor's note: Deleted language shown tflus. Added language shown thus . ' BILL SUMMARY BILL NO: 2022-115 SPONSOR: Councilmember Fitzwater SUBJECT: Authorize a Contract with Structural Engineering Associates, Inc. for Design Services Related to the Jefferson Street and Madison Street Parking Garages and Supplemental Appropriations Amending the FY2023 Budget by Transferring Funds within the Parking Fund DATE INTRODUCED: March 20, 2023 Staff Recommendation: Approve. Summary: If approved, this bill would authorize a professional services contact with Structural Engineering Associates, Inc . (SEA) of Kansas City , MO to design improvements related to the Jefferson Street and Madison Street parking garages. It would also authorize a supplemental appropriation within the Parking Fund . Origin of Request: Staff PERSON RESPONSIBLE: MATI MORASCH , P .E./Britt E. Smith P.E. Background information: Previously SEA completed an assessment of the Jefferson Street and Madison Street parking garages . This contract would have them complete design services related to recommended improvements to the Jefferson Street parking garage and also structural repairs to level 4C of the Madison Street Garage . This issue was discussed at the Public Works and Planning Committee and approval was recommended. Fiscal Information: The $59 ,000 would come from the Parking Fund unrestricted fund balance with no impact to the General Fund . \ BILL NO . 2022-115 SPONSORED BY Councilmember Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AUTHORIZING A CONSULTANT CONTRACT WITH STRUCTURAL ENGINEERING ASSOCAITES , INC. AND AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF 'JEFFERSON , MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARKING FUND . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement attached as Exhibi t A, with Structural Engineering Associates , Inc . design services related to the rehabilitation of the Jefferson Street parking garage and Level 4C of the Madison Street parking garage. Section .f. There is hereby supplementally appropriated within the Parking Fund $59,000.00 as indicated on Exhibit B , attached hereto, for the funds required to contract with Structural Engineering Associates, Inc. Section ;2_. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ----------------------Approved: __________ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM : City Clerk CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5.) Of the Charter of th e City of Jefferson, Missouri , I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie T erg in CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES IXHIIITA THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "'City", and Structural Engineering Associates, Inc., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain design services related to repairs to the 209 Jefferson Street and Madison Street Garage, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for services related design phase, bid phase, and construction phase for repairs to the 209 Jefferson Street and Madison Street Garages, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Planning and Protective Services, and in accordance with the rates and/or amounts stated in the bid of Contractor dated 1124/2023, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed Fifty-Nine Thousand Dollars and Zero Cents ($59,000.00) 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform said work in accordance with the contract documents, as set forth in Exhibit A, within six (6) months. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform ... 2 the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the 3 Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen ( 14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or rei inquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 4 19. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense ( 1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, 5 brokerage fee, gifts, or contingent fee. 24. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted herein under and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 6510 I If to the Contractor: Structural Engineering Associates, Inc. Ralph Jones I 000 Walnut Ste. 1570 Kansas City, Missouri 64106 [Signatures to follow on next page.] CITY OF JEFFERSON, MISSOURl M ayo r Date: ---- ATTEST : C ity C le rk A PPR O V ED AS T O FO RM: STRUCTURAL ENGINEERING ASSOCIATE S, INC. T it le : Da te: ---- ATTEST: T itl e : 6 STRUCTURAL ENG INEERING ASSOC IATES, INC. January 24, 2023 Britt Smit h P.E. Ope rati ons Di v isio n Di rector Department o f Publi c Work s 320 E. McC arty St. Je fferso n C it y, MO 65 10 I Est 1909 Rc: Pa rkin g Garage Re habilitati on-209 Jeffe rs on Stree t Prop os a l fo r Pre para tio n of Repair Do cum e nt s Dea r Mr. S mith: EXHIBiT A Structura l Engineering Assoc iat es, In c . (SEA) recentl y comp leted a co nditi o n assess ment o n th e re fe rence d park in g stru cture . In the report SE A provided reco mm end ation s for repa ir. Yo u ha ve now asked SE A to submit a pr oposa l to pr epare co nstru cti o n document s for re pa ir o f th e ga ra ge. In ad diti on , yo u have re qu este d that SEA also includ e repair o f th e damage d pos t-ten s ioned joi st in th e Madiso n Str ee t ·'Muni c ip a l" ga rage . Our sco pe is to in c lud e de sign pha se, bid pha se and eo nstru <.:tio n pha se servic es. I unde rsta nd the co ntrac tor's co nstru ct ion scope of wo rk will includ e the follow in g. • Re move and re pl ace the wa terproofin g memb rane o n th e top leve l in it 's entirety. • Pe rform sla b re pairs under me mbra ne. • Perfo rm over head co ncre te re pa irs. • Ro ut and caulk all cracks in top deck. • Re move and rep lace se alant in con structi on j oint s in top deck. • Wa te r test top deck and in sta ll drains at low spot s o n top dec k. • Re moved damaged pre-c ast pan els, repa ir supp ort and anch orage co nditi o ns and re-in s tall panel s. • Perfo nn mi scellaneou s co ncre te rep a ir s in sta ir. • Perfonn mi sce ll a neo us co ncrete wa ll and co lumn repa irs. • Re pa ir ha ndra il s in stai rs. • Re move a nd rep lace joint se alan t in sla b-on-g rad e. • Re pa ir ve hicular barri er cab les on lowe r lev e l. • Rc -s trip e garage • Re move and rep lace six uppe r-leve l dra in s and th e ir offset pipin g. T he lower lev el co ndu cto r piping sha ll rema in for re-use. • Pe rform repa irs to da maged pos t-tens ione d j o ist in th e Madi so n Street "Mu ni c ipal " Ga rage. 1000 Walnut • SUite 1570 . Ka nsas C1ty, M1ssouri 64 106 -8 16-421 -1042 · www.seassociates.com Mr. Smith January 24, 2023 Page2 I understand that the existing light fixtures in the garage are all LED and the City does not wish to make any modifications to them. In addition, we have not included installation of camera's in the Jefferson Garage. Ifthe City decides to add this scope of services, SEA can obtain a proposal from our consultant for these additional services. SEA proposes to provide the following scope of services for the above repair items. • Review report and recommendations from condition assessment. • Perfonn site visit to review above scope items for changes. • Prepare construction drawings for above scope items. • Prepare technical specifications for above work items. • Review front end documents provide by City and provide comments as appropriate or desired. • Coordinate bid fonn with Jefferson City personnel. • Prepare review documents and submit to Jefferson City at the following stages. o Design Development o SO% Review Construction Documents o I 00% Review Construction Documents • Attend design review meetings via virtual meeting fonnat. • Attend pre-bid meeting in Jefferson City, MO • Review bids and make recommendation to Jefferson City, MO. • Attend pre-construction meeting with successful contractor and City personnel. • Review submittals for above work items and take appropriate action. SEA proposes to provide the above scope of services for a lump sum fee of $59,000. This fee includes anticipated reimbursable expenses including travel, per diem, in house printing costs and other in-house expenses. Please note this fee does not include printing of review drawings, bidding documents or contractor submittals. All of these items will be provided in digital fonnat. This fee includes the services of an MEP consultant for the above scope items. It is SEA's intent to employ the services of Custom Engineering for these services. Please note the above scope of services does not include construction phase services beyond a pre- construction meeting and review of technical submittals. You have requested that construction phase services be submitted on an hourly basis with a not to exceed fee. Construction phase services above and beyond those listed above will be provided under separate billing on an hourly basis with a maximum fee of $$22,000. This fee includes attendance to virtual progress meetings, up to eight site visits to attend progress meetings or make site observation trips and one punch list trip at the completion of the project. This fee includes travel and per diem expenses. Additional site visits will be provided on a per trip basis of$1,900. Mr. Smith January 24, 2023 Page3 The attached Terms and Conditions shall become a part of this agreement. Signature or verbal direction will serve as acceptance of this proposal and the Tenns and Conditions and will serve as notice to proceed. If you have any questions regarding this proposal, please feel free to contact me at your convenience. Thank you for your interest in Structural Engineering Associates, Inc. sm>~ Ralph C. Jones P.E. Encl. ACCEPTED: ________________________________________________ _ Signature of person authorized to sign contract for the City of Jefferson Date: _________ _ Typed or Printed Name Terms and Conditions Parking Garage Rehabilitation -209 Jefferson Street January 24, 2023 Page 1 of1 Performance of Service: Structural Engineering Associates, Inc. (SEA) shall perfonn the services outlined in the attached "Proposal for Preparation of Repair Documents" in consideration of the stated fee and payment tenns. Additional Services: For additional services not included in the "Proposal for Preparation of Repair Documents", Structural Engineering Associates shall be compensated as follows: 0 Option I -On an hourly basis according to attached Rate Sheet. 1m Option 2 -Additional services will not be completed until an amendment identifying scope and fee for additional services has been signed. Billing/Payment: The Client agrees to pay SEA for all services perfonned and all costs incurred. Invoices for SEA's services shall be submitted, at SEA's option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, SEA may, without waiving any claim or right against the Client, and without liability whatsoever to the client, suspend or tenninate the perfonnance of services. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% on the unpaid balance. If any portion of an account remains unpaid 60 days after the billing, SEA may institute collection action and the Client shall pay all costs of collection, including reasonable attorneys' fees. Access to Site: Unless otherwise stated, SEA will have access to the site for activities necessary for the perfonnance of the services. SEA will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage and will not be responsible for such costs. Hidden Conditions: A structural condition is hidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. If SEA has reason to believe that such a condition may exist, SEA shall notify the Client who shall authorize and pay for all additional costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If ( 1) the Client fails to authorize such investigation or correction after due notifications, or (2) SEA has no reason to believe that such a condition exists, the Client is responsible for all risk associated with this condition, and SEA shall not be responsible for the existing condition nor any resulting damages to persons or property. Hazardous Materials: SEA shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of any fonn. Jobsite Safety: The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, the Consultant and the Consultant's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. Indemnification: The Client shall, to the fullest extent pennitted by law, indemnify and hold hannless SEA., his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the perfonnance of the services under this agreement, excepting only those damages, liabilities or costs to the extent caused by the sole negligence of SEA. Fiduciary ResponsibiUty: The Client confinns that neither the Consultant nor any of the Consultant's subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary REV2/24/IS Pagel of2 responsibility shall be owed to the Client by the Consultant or any of the Consultant's subconsultants or subcontractors, as a consequence of the Consultant's entering into this Agreement with the Client. Information for the Sole Use and Benefit of tbe Client: All opinions and conclusions of SEA, whether written or oral, and any plans, specifications or other documents and services provided by SEA are for the sole use and benefit of the Client and are not to be provided to any other person or entity without the prior written consent of SEA. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of any third party against either SEA or the Client. Certifications, Guarantees and Warranties: SEA shall not be required to execute any document that would result in SEA certifying, guaranteeing or warranting the existence of any conditions whose existence SEA cannot ascertain. Limitation of LiabUity: In recognition of the relative risks, rewards and benefits of the project to both the Client and SEA, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, SEA's total liability to the Client for any and all injuries, damages, claims, losses, expenses or claim expenses arising out of this Agreement from any cause or causes, shall not exceed $500,000. Such causes include, but are not limited to, the SEA's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Ownership of Documents: All documents produced by SEA under this Agreement are instruments of SEA's professional service and shall remain the property ofthe SEA and may not be used by the Client for any other purpose without the prior written consent of SEA. Assignment: Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by the Consultant shall not be considered an assignment for purposes of this Agreement. Dispute Resolution: Any claims or disputes between the Client and SEA arising out of the services to be provided by SEA or out of this Agreement shall be submitted to nonbinding mediation. The Client and SEA agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors, suppliers and filbricators, providing for mediation as the primary method for dispute resolution among all parties. Termination of Services: This Agreement may be terminated at any time by either party should the other party fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, the Client shall pay SEA for all services rendered to the date of termination, and all reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as the result of termination. Standard Care: In performing its services hereunder~ SEA will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by member of the same profession currently practicing under similar circumstances. SEA makes no warranties or guarantees, express or implied, under this agreement or otheJWise, in connection with its services. Consequential Damages: The Client and SEA both agree to waive any claims for consequential damages against each other. Permits and Approvals: It is the responsibility of the Owner to obtain all necessary permits and approvals. REV 2/24/15 Bill 2022-115 Exhibit B SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Parking Fund: 62-100-495995 Transfer From(to) Surplus $59,000.00 62-620-522020 Professional Services $59,000.00 BILL SUMMARY BILLNO: 2022-110 SPONSOR: Councilmember Hensley SUBJECT: ARPA Realignment DATE INTRODUCED: March 6, 2023 -'I" DEPARTMENT DIRECTOR(S): 0/Ld'u..__. R.c__~ CITY ADMINISTRATOR: ~ j o/ Staff Recommendation: Accep; Summary: This bill would authorize funds currently appropriated for salaries in the General Fund to be reallocated to various community project uses specified in Exhibit A (attached) and exchange the ARPA funds previously appropriated for said community project uses by City Council to be used for salary funding within the General Fund . Origin of Request: Finance Department Department Responsible: Finance Department PERSON RESPONSIBLE: SHIELA PEARRE , Director of Finance and ITS Background Information: The benefit of this action is that utilizing the ARPA funds in this way would result in the elimination of any spending deadlines previously associated with the ARPA community projects . Because of the diverse and varied projects that were selected to be funded with ARPA funds, staff is concerned that both the City and our community partners may have difficulty completing all the projects within the t imeframes that would otherwise be required under the ARPA regulations . The community projects previously approved would still be allocated in the same amounts and those funds could be reappropriated from year to year until the completion of the projects. This action does not result in any additional net dollars being spent on General Fund salaries than are currently budgeted . Fiscal Information: If approved, this bill would have no fiscal impact on net dollars . BILL NO. 2022-110 SPONSORED BY Councilmember Hensley ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022- , 2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY REALLOCATING FUNDS CURRENTLY APPROPRIATED FOR SALARIES IN THE GENERAL FUND TO VARIOUS PROJECTS AND BY MODIFYING PREVIOUSLY APPROPRIATED ARPA FUNDS TO REPLACE THE SALARY FUNDING WITHIN THE GENERAL FUND . BE IT ENACTED BY THE COUNC IL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section ~· This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ---------------------Approved : ______________ _ Presiding Officer ATTEST: City Clerk Mayor Carrie Tergin APPROVED AS TO FORM: CiZ)~(orney CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5 .) Of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill . Mayor Carrie Tergin Bill 2022-110 Exhibit A BUDGET AMENDMENT FISCAL YEAR 2022-2023 BUDGET General Fund: 10-xxx-501020 General Fund Salaries ($5,981,982.05) 10-170-572020 Purchase of Equipment-HR Laptops $3,500 10-185-599501 JCCVB Lost Revenue $175,000 10-185-599502 Downtown Beautification-Match $150,000 10-185-599503 Organizational Review Study $150,000 10-400-572010 Purchase of Vehicles-Fire Vehicle $67,456 10-533-522022 Demolitions $180,000 10-542-572020 Purchase of Equipment-Street concrete core driller $4,000 10-542-572020 Purchase of Equipment-Preplacement street lights $12,000 10-990-540060 Cemetery Maintenance $30,000 10-990-575010 Police Renov & Upgrades-PD locker room $220,635 10-990-576007 Stormwater Improvements $540,917.60 10-990-578063 Contingency $94,136.26 10-990-599504 Lincoln-Hlth Science & Crisis $500,000 10-990-599505 PD Elevator Replacement $200,000 10-990-599506 MSP Redevelopment $1,000,000 10-990-599507 Hyde Park Burn Building $1,000,000 10-990-599508 High Street Viaduct $1,077,827.75 10-990-599509 Private Property Strmwtr Repair $200,000 10-990-599511 United Cap City Soccer Complex $100,000 10-990-599512 Street Resurfacing $276,509.44 *Any unspent related funds shall be reappropriated until all expenses for the project specified have been recognized. General Fund: 10-xxx-501020 General Fund Salaries $5,981,982.05 10-995-522022 Demos ($80,000) 10-995-540060 Cemetery Maintenance ($30,000) 10-995-572010 Purchase of Vehicles-Fire Vehicle ($67,456) 10-995-572020 Purchase of Equipment-HR Laptops ($3,500) 10-995-572020 Purchase of Equipment-Street concrete core driller ($4,000) 10-995-572020 Purchase of Equipment-Preplacement street lights ($12,000) 10-995-575010 Police Renov & Upgrades-PD locker room ($220,635) 10-995-576007 Stormwater Improvements ($540,917.60) 10-995-599501 JCCVB Lost Revenue ($175,000) 10-995-599502 Downtown Beautification-Match ($150,000) 10-995-599503 Organizational Review Study ($150,000) 10-995-599504 Lincoln-Hlth Science & Crisis ($500,000) 10-995-599505 PD Elevator Replacement ($200,000) 10-995-599506 MSP Redevelopment ($1,000,000) 10-995-599507 Hyde Park Burn Building ($1,000,000) 10-995-599508 High Street Viaduct ($1,077,827.75) 10-995-599509 Private Property Strmwtr Repair ($200,000) 10-995-599510 Demolitions ($100,000) 10-995-599511 United Cap City Soccer Complex ($100,000) 10-995-599512 Street Resurfacing ($276,509.44) 10-995-xxxxxx Contingency ($94,136.26) BILL SUMMARY BILL NO: 2022-111 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing Additions to City Code Chapter 31 -Stormwater/Fioodplain Management by Adding Section 31-280, Private Stormwater Conversion Program, and Modifications to Appendix Y to Include the Same DATE INTRODUCED: March 6, 2023 DEPARTMENT DIRECTOR(S): __ --fl-l!-#h4,Ll.Lll.~~...lLf.J_-+-~-==------­ CITY ADMINISTRATOR:~:.:;;t--=------~t:....3-...-=---7f&--r---------- Staff Recommendation: Neutral. Summary: This bill will authorize the addition of what is being referred to as the Private Stormwater Conversion Program to Chapter 31 of the City Code and amends Appendix Y to set the cost of the program to the applicant. Origin of Request: Public Works and Planning Committee Department Responsible: Department of Public Works PERSON RESPONSIBLE: MATT MORASCH P.E./David Bange, P.E. Background Information: Citizens often appear before the Public Works and Planning Committee asking the City to repair/replace privately owned stormwater pipes and other stormwater infrastructure. These pipes and systems are private because they are located on private property and no easement exists which would give rights or obligations to the City. Often times these pipes and structures were installed by developers to enable the construction of a home or building on what had been a property encumbered by a drainage ditch or other water course . Often times these pipes connect directly to a City controlled system that is collecting water from or across a City Street. Private pipes have also been installed by individual property owners for the purpose of expanding parking or yard areas . Difficulties begin to arise as the years pass, the property changes owners, and the pipes begin to collapse . New owners are often unaware that the pipe running through their property is theirs to maintain , and often turn to the City to address the issues related to the failing pipes . The City Code change that is before you would provide a way for pipes such as these to come under the control of the City through the dedication of a stormwater easement, and creates a program by which the City would participate with the applicant in the cost of repairing/replacing the piping and other stormwater components. The end result would be that the City would own the pipe and other stormwater infrastructure and bear the responsibilities for future maintenance/replacement of that system. Fiscal Information: There are an unknown number of privately owned pipes wit hin the City, and privately owned pipes continue to be installed. For that reason, the ultimate cost of this program is not known. However, the proposed City Code language does not require the program to be funded but rather allows the City Council to designate funding for the program as they deem appropriate. Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-111 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ADDITIONS TO CHAPTER 31 AND APPENDIX Y OF THE CITY CODE BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 31 – Stormwater and Floodplain Management, of the Code of the City of Jefferson, Missouri, is amended by the addition of the following: Sec 31-280. - PRIVATE STORMWATER CONVERSION PROGRAM The purpose of this article is to provide a means by which privately owned stormwater systems may be accepted for future maintenance by the City through the granting of easements, system reconstruction to City standards, and the participation in cost by private property owners. Sec 31-281. – Petition necessary. For each project which may be eligible for inclusion in the City’s Private Stormwater Conversion Program (PSCP), a petition shall be submitted by the owner or owners upon whose property the stormwater system exists. The petition shall be made on a form approved by the Director of Public Works and said form shall be submitted by March 1 of each year for consideration for the following year’s fiscal budget. Petitions shall be considered denied if not funded in the following year’s budget. Any denied petition shall not be carried over to the next budget year. Sec 31-282. – Participation requirement. Property owners may petition the City Council, on a form approved by the Director of Public Works, to reconstruct private stormwater systems along an existing stormwater system or a portion of that system that is agreed to in advance by the Director of Public Works. The petition shall be signed by all of the owners upon whose property the agreed upon drainage system resides. No person or property shall be eligible to participate in the PSCP which is in arrears or delinquent on any fee, charge, fine, tax, lien, or assessment due to the City. Sec 31-283. – Cost to applicant. A. The cost to each property owner for the installation of the stormwater system for an approved PSCP project shall be set by the City Administrator each year in appendix Y. If the stormwater system lies along a property line the owner on each side shall pay ½ of the cost outlined in schedule Y. Editor’s note: Deleted language shown thus. Added language shown thus. B. Owners are required to prepay the entire amount of their participating costs prior to the approval of the construction contract by the City Council or City Administrator. C. All costs associated with the restoration of the property shall be the responsibility of the petitioners in addition to the costs outlined in appendix Y. This shall include but is not limited to the restoration of pools, out buildings, driveways, sidewalks, retaining walls, fences, trees, landscaping, and grassed areas. D. The Council at its discretion may elect to lower the cost to the petitioner by reducing the costs outlined in appendix Y or by increasing the City’s participation in other aspects of the project. Sec 31-284. – Stormwater system design and granting of easement. A. The stormwater system will be designed by the City or by their consultants. The system will be designed to meet City of Jefferson standards and located so as to be efficient and easily maintained. B. The property owners upon whose property the stormwater system is placed shall grant to the City an easement for said stormwater system. The width of the easement shall be as prescribed by City Standards. C. The petitioners shall grant temporary construction easements as may be required for the installation of the stormwater system. Sec 31-285. – Funding, criteria for project selection. A. The availability of the PSCP shall be subject to appropriation of sufficient funds to undertake projects under the PSCP. The decision to appropriate funds for the PSCP shall be in the sole discretion of the City Council. If sufficient funds are not appropriated by the City Council, the Director of Public Work shall refuse petitions for the PSCP. B. In determining which if any projects shall be funded the following criteria will be considered: a. Funding available b. Number of properties affected c. Existing condition d. Effect on existing City infrastructure e. Overall effect on area C. City Council shall identify the projects that will be funded under the PSCP by ordinance. The City Council may impose additional conditions upon the funding of any project under the PSCP. Denials of applications to participate in the PSCP shall be final and non- appealable. Section 2. Appendix Y, of the Code of the City of Jefferson , Missouri , is amended by the addition of the following: · Sect ion Secti on Title 280 er linear foot Section~ This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ------------------------Approved: ________________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk Editor's note : Deleted language shown tffils. Added language shown thus. BILL SUMMARY BILL NO: 2022-106 SPONSOR: Councilmember Lester SUBJECT: Final Subdivision Plat of TC3C Subdivision (Planning & Zoning Commission Case No . P23004) DATE INTRODUCED: February 6 , 2023 DEPARTMENT DIRECTOR(S) :-:r----=..L;J:::~:::::::::..,~L..C:?.::::.=.~<::::::....._-----­ CITY ADMINISTRATOR:_...c=._ __ ___:_ __ ~..;z------------ Staff Recommendation: Approve. Summary: Standard ordinance approving and accepting a final subdivision plat. Origin of Request: Property Owner through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS /Eric Barron Background Information: This bill would replat 6 existing vacant lots located along Marshall Street and Roland Street into 1 0 lots . The property is zoned RS -4 Single Family Residential. The purpose of the request is to pursue development of 10 single family residential houses . No new streets are proposed as a part of the Final Subdivision Plat and utilities exist in the vicinity. Please see attached Planning and Engineering Division staff reports for more information . Planning and Zoning Commission Review. The Planning and Zon ing Commission reviewed the Final Subdivision Plat at their meeting of January 12, 2023. The motion to recommend approval to the City Council PASSED on a vote of 7 in favor , 0 against. Public Comment Received . No public comment has been received to date . Fiscal Information: $400 .00 in application fees were received. Planning and Zoning Recommendation: Approve. BILL NO . 2022-106 SPONSORED BY Councilmember Lester ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION , A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. 'WHEREAS, Zeal Enterprise, LLC , owner of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County , Missouri , and described as : All of Lots B, C , D, E , F, and G of REPLAT OF PART OF ROLAND L. WIGGINS SUBDIVISION , as per plat of record in Plat Book 12 , page 114, Cole County Recorder's Office . Containing in all 1.88 acres ; and WHEREAS, it appears that said plat has been fully and properly signed and accepted by the owner of said subdivision , known and referred to as TC3C Subdivision , that all taxes have been paid , that in all respects the requirements of Chapter 445, RSMo , entitled "Plats" have been fully complied with by the owner of said subdivision , and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats and subdivisions have been complied with . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . That the Final Subdivision Plat of TC3C Subdivision, lying , being and situated within the corporate limits of the City of Jefferson , Missouri, as shown by the said plat attached hereto and made a part of this ordinance, is hereby approved and accepted by the City Council of the City of Jefferson , Missouri. Section ~-The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify approval of said plat unde r the City of Jefferson seal. Se ction ~-This ordinance shall be in full force and effect from and after the date of its passag e and approval. Pa ssed : ---------- Presiding Officer ATTEST: City Clerk Approved : ______________ _ Mayor Carrie Tergin APPROVED AS TO FORM : City~ 1 Inch • 30 feet o IS 80 eo 1 Onpblo Soolo -root > Z. 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VN' ... _,..,.,..__ U,CDI'Nfliulfl'l~~ ~fi' rl't' r!?v=--- K-ILII!Id<oy liD PLS 12578 Conlrolll-:~~~:~~~u~~=--+~~~-r=~~-+D~R~9=7~-1=33~~ Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of7 7 of7 4 of7 6 of7 7 of7 6 of7 5 of7 1 of 1 6 of7 6 of7 0 of2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23004 -1000 Block of Marshall St., Final Subdivision Plat of TC3C Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS-4 Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet north of East Franklin Street and with frontage also on Roland Street and is described as Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting a final subdivision plat that would replat 1.88 acres from six existing lots into 1 0 new lots to be used for single family residential uses. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner Zeal Enterprises, LLC, presented the case. The purpose of the replat of the subdivision is to create ten single family residential lots out of the existing six lots. The property is zoned RS-4 which has a minimum lot frontage of 60 feet. The proposal is to take the existing two lots on Roland Street and divide into three lots and divide the four lots on Marshall Street into seven lots. The intent is to build smaller homes with single family garages. All of the existing infrastructure is in place, no new streets are proposed. Utilities are on site including stormwater, sanitary sewer, water and electric. Ms. Bliss stated lot size dimensions were looked at, for the RS-4 district the minimum lot size acreage is 6,000 square feet and the lot width is a minimum of 50 feet, these lots are in compliance with the zoning code requirements. A fire hydrant exists along Roland Street, but the applicant will need to comply with the requirement of the fire code for fire hydrant placement on Marshall Street. Staff recommends approval of the final plat with the conditions that technical comments by city staff be addressed and a finalized plat be submitted prior to City Council. Mr. Wade advised infrastructure does exist in the vicinity, utilities appear to be in order other than the fire hydrant on Marshall Street. Minor comments have been sent back to the consultant for the final resubmittal. The plat, as presented, is in good order and the engineering division recommends approval. Ms. Quigg moved and Mr. Robinett seconded a motion to recommend approval to the City Council of the requested final subdivision plat of TC3C Subdivision with the following conditions: a. Address technical comments from city staff. b. Submittal of finalized and signed plat prior to introduction to City Council. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23004 1 000 Block of Marshall Street Zeal Enterprise, LLC Final Subdivision Plat City of Jefferson Planning & Zoning Commission LOCATION MAP .· RS-2 .... ~ flo. P23004 10€10 Bf<)cic of Marshall Street FmaJ Subdivision Plat City of Jefferson Ptanning and Zoning Commmssion VICRNITY Case NG. PZ3 004 'fio,oo Bbck of Marshall Street f i llllaE Subdtv fs:ton Pfat 0 8l5 170 l 40.Feef -·•· . PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12,2023 Case No. P23004 -1000 Block of Marshall St., Final Subdivision Plat of TC3C Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS-4 Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet north of East Franklin Street and with frontage also on Roland Street and is described as Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Description of Proposal A request was filed for a final subdivision plat. Given the name TC3C Subdivision, this fmal subdivision plat would consist of 1.88 acres currently zoned RS-4 Medium Density Residential. The final subdivision plat would replat 6 existing lots into 1 0 new lots to be used for single family residential units. Revielv and Approval Process Final subdivision plats are reviewed in accordance with Chapter 33 The Subdivision Code and Chapter 35 Zoning Code with recommendation from the Planning and Zoning Commission and final decision by the City Council. Staff Analysis Current zoning designation of RS-4 requires the subdivision to comply with density and dimensional standards of that particular.district. This includes lot size and width specifications. The RS-4 district requires a minimum net lot area 6,000 square feet and minimum lot width of 50 feet. Final Subdivision Plat request -information for consideration: Proposed Subdivision Name: TC3C Subdivision Total Acreage: 1.88 acres. Number of Lots: 10 proposed lots Lot Sizes: Lot 7 is proposed to be the largest at approximately 11 ,571 square feet and Lot 1 0 is proposed to be the smallest at approximately 6,458 square feet. Sidelvalks: Existing sidewalk is located along Roland Street and the northern side of Marshall Street, ending at the cul-de-sac. Streets: No new streets are proposed. Utilities: Utilities exist in the vicinity. Fire Hydrant: Fire hydrants exist on Roland Street with proper spacing. A fire hydrant will likely need to be installed on Marshall Street to serve the proposed lots. Staff Recommendation The proposed fmal subdivision plat has been reviewed with respect to applicable City Code requirements such as those laid out in Chapter 33 The Subdivision Code and Chapter 35 Zoning Code. Technical comments from staff will need to be addressed. Staff recommended approval of the final plat of TC3C Subdivision with the condition that technical comments by city staff be resolved. Form of Motion I. Motion to recommend approval to the City Council of the requested final Subdivision plat of TC3C Subdivision with the following conditions: a. Address technical comments from city staff. b. Submittal of finalized and signed plat prior to introduction to City Council. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, January 12,2023, 5:15pm Item 6. -New Business/ Public Hearings Case No. P23004-Re-Piat/ Final Plat ofTC3C Subdivision, 1000 block of Marshall Street (RS-4) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Stonn water facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Streets are existing in the vicinity. • Sidewalk exists for this subdivision. • A street light exists for this subdivision. • Utilities will need to be checked, to see if adequate facilities are in place to serve these proposed lots. It does not appear that any fire hydrants are present in the vicinity of the cul-de-sac. Technical Review of the Plat • A few very minor technical review comments for the plat have been sent back to the consultant for consideration. These comments will need to be addressed prior to consideration of the plat by the City Council. The plat as presented is in good order. cnv of Jetht!50n Dapovfmant of· Planning & Prot~tclirt«< SeNiC«S. 32"0 E. WlcCiJrly Str4!e t Jelfttrsol'l City.111f) 6$'/01 l?liana: 513~34-6.410 ii;:,?'(~~BWlfc#ymo.wq flf!WW;jeffii!rsoncffymo.gov APPLICATION FOR. SUiBID.MSROIM PlAT Ttire ood'ersig,rrred! bereby petitions the. Planning and Zcmfillg Comi'Flissilm and cn:soC'ounci£ of ihe Cify of Jefferson, Missouri for trw faHowfng type of subdlvisron: PteliJ:Jimary, Pfa X' Final Plat 1. Name ofSutbdivision: TC3C SUBm\trSION '2'_ Gemi!af location: 'WOO BlOCK 0~ M:ARSHAU 3 . ExistinglProposed ;mnlng: RS-4 4. ExistingiPrroposed use o ·f the pruperty; S ingfe: Famiilj' Residential ~----~~------------------------- 5. Size of ~tl$> proper~y fn ilcr~s: 1.88 N...res 6. iota~ numoo1' of las pvoposed: _·,_o ____ _ 7. Desai'pUon o$ any <tariances to the Subdi'llisian R'e~ioJOs tbeing req!i.llesred ~please n.ote section numbeG of thel rteg ulatiofl below and attacfil a letter stafi!J\9 iiu·s.tifii1A't!i>n for title va:ziance(s ): None Paul SamsC!>r;l, PE Erlgj'rteerr Name {f¥pe OJi priLlt·) Data J. Briara R0cl<w.eli StJNey:or N:amn.e (tytP.e or prin~) Contact p.e~ f~r flttis· apptiea,mn: NaliTle:. PatJII SarnS£lm -CMPS Mfliess~ 2'5@0 E. McCarty St. Jefferson City, MO 651'01 Ph0me' n..humber: 5i7.3-6:34-3456 £nmeilt psamson@cmps-inc.esm. ~~~~~~----------------- for Staft Us:e• OPity. Attacllrrrel'lts;;: _ Var.fence reqtreS't leC1e.c- N~tes: ----------------------------------------------------------------------------- fndfvkftJSkJ' sfloEJfrfcanf<Ict.th·e ADA Coordinator af. {5-13g; 6Ut570br~$t~f/14Jda1fons or a1fema/fvs formats as r(U!afred un<fer lhe·A~aM wtfh Olsabi((ltes . Act. Pleas ~ affow fflree buslr1ess days. fl!>l p10te1!.'$: til~ teq.~. RESOLUTION SUMMARY RESOLUTION NO: RS2022-48 SPONSOR: Councilmember Fitzwater SUBJECT: Authorization for the City to Approve a Retainer Agreement DATE INTRODUCED: March 20 , 2023 Staff Recommendation: Approve . Summary : Approves a Retainer Agreement with Agualaw, Napol i Shkolnik PLLC , and Robbins Geller Rudman & Dowd LLP for damages to wastewater faci lities . Origin of Request: Public Works Department Responsible: Public Works PERSON RESPONSIBLE: MATT MORASCH I Eric Seaman Background Information: Authorizes the Mayor to execute a Retainer Agreement to join a lawsuit for damages incurred to wastewater facilities at no cost to the City . Fiscal Information: No cost to the City. Future costs for compliance with PFAs (polyfluoroalkyl substances) and other hazardous water contaminants would be reimbursed . RESOLUTION RS2022-48 Sponsor: Coun ci lmembe r Fitzwater A RESOLUTION AUTHORIZING THE CITY TO APPROVE A RETAINER AGREEMENT WHEREAS , the City seeks to retain the law firms of Aqualaw, Napol i Sh kolnik PLLC , and Robbins Geller Rudman & Dowd LLP to represent t he City relating to damages suffered by the City's wastewater uti lities . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , that the contract with Aqualaw, Napoli Shkolnik PLLC , and Robbins Geller Rudman & Dowd LLP , attached hereto as Exhi bit A , is approved and the Mayor and City Clerk are authorized to execute the same . Adopted this 2Q1h day of March , 2023 Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM : City Clerk 1 1 RETAINER AGREEMENT The ______________________________ retains\the law firms of AquaLaw, Napoli Shkolnik PLLC, and Robbins Geller Rudman & Dowd LLP, (the ”Firms”) and as our attorneys to prosecute any legal claim for negligence (or other viable causes of action) against any and all parties individuals and/or corporations that are found to be liable under the law for injuries and/ or property damages suffered by us and/or our members arising out of the contamination of wastewater collected and treated by the ____________________________________ by per- and polyfluoroalkyl substances (PFAS) and other hazardous water contaminants. We specifically agree as follows: 1. FEE PERCENTAGE: Except as provided below under the heading “Class Action,” Client and Firms agree that the Firms shall be paid Twenty-Five Percent (25%) of the gross sum recovered by the Client, whether by suit, settlement or otherwise. The Firms will share fees arising out of this representation equally. Client will not be liable to pay the Firms any legal fee if there is not any form of recovery. 2. DISBURSEMENTS: In the event there is no recovery, the Client shall not be obligated to pay the Firms a legal fee or disbursements for services rendered. Disbursements may include some of the following expenses: court filing fees, sheriff fees, medical and hospital report/record fees, doctor’s report, court stenographer fees, deposition costs, expert fees for expert depositions and court appearances, trial exhibits, computer on-line search fees, express mail, postage, photocopy charges, document management charges, long distance telephone charges among other charges. Document management charges are the fees charged by the Firms for processing documents during litigation, such as medical records, documents produced by defendant(s) and/ or other parties, etc. Processing of the documents may include but is not limited to the following: (1) scanning; (2) conversion of native files to PDF documents; (3) OCR (optical code recognition); and/or (4) indexing. At the time of settlement and distribution of proceeds, these expenses shall be deducted from the Client’s share after computation of the Attorneys’ Fee. 3. COMPUTATION OF FEES. The contingency fee shall be computed on the gross recovery, resulting in a net settlement (or judgment), from which all appropriate disbursements in connection with the institution and prosecution of this claim is deducted, as set forth in paragraph 2 above. Examples of how a contingency fee is computed are as follows: Gross settlement $100.00 25% Attorneys’ Fee $ 25.00 Net settlement $ 75.00 Disbursements -$ 10.00 Net to Client $ 65.00 2 4. CLASS ACTION: In the event that the Litigation is resolved on a class action basis with a settlement fund to be distributed based upon individual class member causation and/or damage determinations, and the Court does not award the Firms attorneys’ fees to be paid from the class settlement fund, the total amount of attorneys’ fees paid to the Firms will be allocated as contemplated in Section I of this Agreement (e.g., 25% of Client’s gross recovery). 5. WITHDRAWAL: The Firms expressly reserve the right to withdraw their representation at any time upon reasonable written notice to the Client. In the event that the Client advises the Firms to discontinue the handling of this claim, or if the Client fails to cooperate with the Firms in the handling of this claim, Client agrees to compensate the Firms a reasonable amount for their services, and for the time spent on this claim on an hourly basis or under such other arrangement that may be agreed upon by the parties along with any disbursements by the Firms in connection with their representation of the Client. The Client understands that the Firms have conditionally accepted this case based upon independent confirmation of all facts and injuries claimed to have been sustained by Client. In the event that the Client desires to transfer the file from the Firms, the Client shall be responsible to compensate the Firms for the reasonable value of their services plus disbursements. Such transfer shall not include documents or attorney work product regarding the general liability of the defendants. 6. APPEALS: The above contingency fee does not contemplate any appeal. The Firms are under no duty to perfect or prosecute such appeal until a satisfactory fee arrangement is made in writing regarding costs and counsel fees. 7. STATUTE OF LIMITATIONS: We understand that any lawsuit must be commenced within a certain limited time period, (that may vary, depending upon the defendant) starting from the “discovery of the injury” or of “the date when through the exercise of reasonable diligence such injury should have been discovered... whichever is earlier”. We further understand that the Statute of Limitations period for any case must be investigated and that this Agreement is made subject to that investigation as well as an investigation of the entire case. 8. RESULTS NOT GUARANTEED: No attorney can accurately predict the outcome of any legal matter, accordingly, no representations are made, either expressly or impliedly, as to the final outcome of this matter. Client further understands that it must immediately report any changes in contact information the Firms. 9. APPROVAL NECESSARY FOR SETTLEMENT: Attorneys are hereby granted a power of attorney so that they may have full authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations, and papers as shall be reasonably necessary to conclude this representation, including settlement and/ or reducing to possession any and all monies or other things of value due to the Client under the claim as fully as the Client could do so in person. Attorneys are also authorized and empowered to act as Client’s negotiator in any and all negotiations concerning the subject of this Agreement. 3 1 10. ASSOCIATION OF OTHER ATTORNEYS: The Firms may, at their own expense, use or associate other attorneys in the representation of the aforesaid claims of the Client. Client understands that the Firms employ numerous attorneys that may work on Client’s case. 11. ASSOCIATE COUNSEL: The Firms may participate in the division of fees in this case and assume joint responsibility for the representation of the Client either in the event that the Attorneys retains associate counsel or that the Client later chooses new counsel, provided that the total fee to the Client does not increase as a result of the division of fees and that the attorneys involved have agreed to the division of fees and assumption of joint responsibility. The Client will be advised of such joint responsibility and full disclosure will be made to Client regarding the division of fees so that the consent of the Client can be obtained. 12. NEW YORK OR APPLICABLE LAW TO APPLY: This Agreement shall be considered construed under and in accordance with the laws of the State of New York or applicable law and the rights, duties and obligations of Client and of Attorneys regarding Attorneys’ representation of Client and regarding anything covered by this Agreement shall be governed by the laws of the State of New York or applicable law. 13. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 14. PRIOR AGREEMENTS SUPERSEDED: This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. We certify and acknowledge that we have had the opportunity to read this Agreement and have answered any questions pertaining thereto. We further state that we have voluntarily entered into this Agreement fully aware of the terms and conditions. SIGNED AND ACCEPTED THIS day of , 2023. CLIENT SIGNATURE PRINTED CLIENT NAME TITLE EMAIL ADDRESS ADDRESS 4 AquaLaw F. Paul Calamita ATTORNEY SIGNATURE PRINTED ATTORNEY NAME Chairman TITLE 6 South 5th Street, Richmond, VA 23219 ADDRESS Robbins Geller Rudman & Dowd LLP ATTORNEY SIGNATURE PRINTED ATTORNEY NAME TITLE ADDRESS Napoli Shkolnik PLLC ATTORNEY SIGNATURE PRINTED ATTORNEY NAME TITLE ADDRESS RESOLUTION SUMMARY RESOLUTION NO: RS2022-49 SPONSOR: Councilmember Fitzwater SUBJECT: Missouri State Transit Assistance Grant DATE INTRODUCED: March 20 , 2023 DEPARTMENT Dl RECTOR(S): ___ -f-Z-...I:Z<.4'~"'"-"--"----"~f-(_-=------- CITY ADMINISTRATOR:___,..\()!j~~-h-t&s:42.~~---------- Staff Recommendation: Approve . Origin of Request: Public Works Department Responsible: JEFFTRAN PERSON RESPONSIBLE: MATTHEW MORASCH , P.E ./ Gerry Stegeman Background Information: JEFFTRAN seeks to apply for a Missouri State Transit Assistance Grant. Annually JEFFTRAN (the Transit Division) applies for and has been awarded state operating funds through the Missouri Highway and Transportation Commission. The purpose of this grant is to defray a portion of the costs agencies like JEFFTRAN incur providing transit services to the community . The funds would be used during the period of July 1, 2023 through June 30 , 2024. Fiscal Information: The grant is to be determined by MoDOT after the State of Missouri budget is approved. Historically, the funds have totaled: • $11,066 (State FY 2022) • $11,018 (State FY 2022) • $52,414 (State FY 2023) Resolution Terms: The resolution would authorize the City to apply for the Missouri State Transit Assistance Grant. RESOLUTION RS2022-49 Sponsor: Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE MISSOURI STATE TRANSIT ASSISTANCE GRANT WHEREAS, the City of Jefferson has the opportunity to apply for the Missouri State Transit Assistance ; and WHEREAS, the purpose of the grant is to defray a portion of the costs JEFFTRAN incurs providing transit services to the community; and WHEREAS, the total grant amount, calculated by the Missouri Department of Transportation , will not be available prior to submission of the grant application ; and WHEREAS, the grant requires no local match from the City ; and WHEREAS, receiving said grant would benefit the City . NOW, THEREFORE, BE IT RESOLVED, that the City Council of Jefferson City , Missouri supports and authorizes the City Administrator, or his designee to execute and submit the necessary application to obtain funding for the Missouri State Trans it Assistance Grant. Adopted this 2Q 1h day of March , 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk Application Misso uri State Transit Assistance Program Applicant Agency Name: Street and Ma iling Address: City, State (Missouri), Zip+4 Code DUE MARCH 31, 2023 City of Jefferso n 320 E . McCarty St. Jefferson City, Mo. 65101 Agency Contact Person-Name Co ntact Perso n : e-mai l Address Contact Per so n : Work Phone Contact Perso n : Fa x Numbe r Gerry Stegeman gstegema n@jeffersoncitymo .gov 573-634-6598 573 -636-3632 Eligibi li ty Criteria: (Ch ec k All That App ly): (If operating both urbanized and rural transit se rvice, submit separate applications) 1]1 A City 0 A City Transit Authority 0 A City Utilities Board 0 An Interstate Transit Authority (a s defined in 94.600 RSMo) 0 An Intrastate Tran sportation Authori ty 0 A recipient I direct reci pi ent of FTA Sec . 5307 urbanized formul a fu nds 0 A sub-rec ipi ent of FTA Section 5311 non-urban iz ed formu la funds Operating and Capital Costs for Public Transit Services in Missou ri Costs I Year Transit Capital I Operating Costs 13.081,84 1 Annual Passe nger Rid e r ship in Mis so uri (unlinked Trips for ca lenda r year 2022) r-12....:..12_,4_3_3 --, Annual Vehicle Mi les Operated; 1491 ,931 Cost per Mile (divid e tota l cost by mil es ) ._16_.2_6 __ __. Co st per Pas senge r ~...11_4_.5_8 __ _. (div ide tota l cost by ride r ship) Amount of Annual Lo ca l Effort or 11.147,753 Ta x Support for Tra nsit Continue on Page 2 12.626,878 1190 ,5 18 1492 ,236 15.34 113.79 1579,709 12 .849,652 1210,101 1524 ,176 15.44 113 .56 11 87 ,072 Description of loca l financial effort or local ta x support for appliant's publ ic transit service: Gene ra l Revenu e, Capital Imp roveme nt Sales Tax Agency's M iss ouri Transit Service Area Population : Urbanized: L..._x __ __.l Rura l : Description of Cale ndar Year 2022 Pub lic Trans it Service in M issouri Days of Trans it Operation: 248 ~------------------------------------~ Weekday Hours of Operati on: ~...16_:4_0_a_m_to_6 _:o_o...:.p_m ________________ __. Saturday Hours of Operation: N/A ~------------------------------------~ Sunday Hours of Operation: N/A 1------------------------~ Applicant Agency Authorized Signature : Date: Please submit authorizing resolution, if applicable. Submit completed and signed appl ication to: motransit@modot.mo.gov Subject Line: "STA and Agency's Name For Technical Assistance: breeze .mccracken@modot.mo.gov Form located at: h ttps :/ /www. modot.org/tra nsit-a ppl ications-and -reporti ng (Version Jan. 2023) General L edger CITY OF jEFFERSON Budget Statu s JOHN G . CHRISTY MUNICIPAL BUILD ING User: gstcgcman 320 E McCarty St Print ed: 31812023 -2:43 PM Jefferson City, MO 65101-3193 Pcnod: Q to 12.2021 Account Number Description Budget Amount Period Amount YTDAmount YTDVar Encumbered Amount Available %Available Fund 63 Transit Fund Dept 63-100 Revenue R50 lntcrgovcnunc ntal 63-100-4300 10 Federal Gra nts 1,126,828.00 -133.567.19 -133.69 1.94 1.260,519.94 0.00 1.260.519.94 111.86 63-100-43 0020 State Grants 11.066.00 0.00 11,066.00 0.00 0.00 0 .00 0.00 63-100-43 0024 State -Medicai d Waiver-I 00% 25 .000.00 7.684.74 14.335.86 10,664.14 0.00 10.664.14 42.66 63-1 00-430025 State -medicaid Waiver 60/40 155.000.00 78.9 16.92 122.183.0 1 32 .8 16 99 0.00 32.8 16.99 2 1.1 7 63-100-43 0026 Statc -ncmt 65 ,000.00 32.191.56 63,188.15 1.~1 1.8 5 0.00 1.~1 1.85 2.79 63-100-430030 Federal Operatin g Grant 790.000.00 8 16.830 .00 8 16.83 0.00 -26.83 0 .00 0.00 -26.830 .00 0.00 63-100-43 0040 Loca l Grants 0.00 0 .00 0.00 0.00 0.00 0 .00 0.00 R50 Sub Tota ls: 2,172 ,8 94.00 802,056.03 893.9 11.08 I ,278.982.92 0.00 1.27X.9X2.92 58.86 R60 Charges fo r Services 63-1 00-4403 10 C harters 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 63-100-440320 Bus Fare Boxes 62,000.00 17 .227.02 44.482 .33 17,5 17.67 0.00 17,517.67 28.25 63-1 00-440325 Aduh Passe s 27.000.00 9.940.00 2 1.620.00 5.380.00 0.00 5.380.00 19.93 63-1 00-440 340 St udent Passes 5.000.00 990.00 2.466.00 2.534.00 0.00 2.534.00 50.68 63-1 00-440 345 All-Day Passes 0.00 0.00 0 .00 0 .00 0.00 0.00 0.00 63-100-440350 llandi -w hccl Fares 55.000.00 19.230.00 48.648.00 (,_352 .00 0.00 6 .352.00 11.55 63-100-440355 Reduced Fare Passes 9.000.00 2.590.00 7.405.00 1.595.00 0.00 1.595.00 17.72 63-1 00-440357 U-Pass 5,000.00 799.50 1.470 .00 3.530 .00 0.00 3,530.00 70.60 63-100-440360 Special Routes 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 63-1 00-4403 70 Ve hicl e \Vas h·chargc Bac k 19.692.00 0.00 19.692.00 0.00 0.00 0.00 0.00 R60 Sub T01als: 182,692.00 5 0.776.52 145.78333 36.908.67 0.00 36,908.67 20.20 R75 01hcr Opera ting Revenues 63-1 00-481069 Utility Audil Revenue 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 63 -1 00-4~1070 Miscell aneous 0.00 0.00 42 .80 -42.80 0.00 -42.80 0.00 63-100-48 1073 Bus Advertisement 25.000.00 9.950.00 17.000 .00 8.000 00 0.00 8,000.00 32.00 63-1 00-481077 Insurance Cla ims 0.00 2.022.23 2.022.23 -2.022.23 0.00 -2,022.23 0.00 63 -1 00-4~ I 07 8 Cafe teria Refund s 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 63 -100-48 1079 Gas Tax Refund 12.000.00 6.227.78 14.110 .85 -2.110.85 0.00 -2.110.85 0.00 63-100-481 11 0 Long & Short 0.00 0.00 0.00 0 .00 0.00 0.00 0.00 GL-Budget Stalus (3/8/2023-2:43 PM ) Page 1 Account Nu mber Description Budget Amount Period Amount YTDAmount YTDVar Encumbered Amount Anilablc %Available R75 Sub T01a ls: 37,000.00 18.200.01 33.175.88 3,824.12 0.00 3 .824.12 10.34 RSO Interest Income 63-100-4 700 I 0 Interest 0.00 -61.96 4,785.13 -4.785.13 0.00 -4,785 .13 0.00 63-1 00-4 70051 Unrealized Gai ns/losses 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 R80 Sub To~a l s : 0 .00 -6 1.96 4.785.13 -4.785.13 0.00 -4.785.13 0.00 R85 Other Non-O perating Revenue 63-100-485050 Sale Of Assets 0 .00 0 .00 0.00 0.00 0.00 0.00 0.00 63-1 00-4 86030 Cap Contr-othcrs 0 .00 0 .00 0.00 0.00 0.00 0.00 0.00 63-1 00-4S6040 Cap Contr-c ity 0.00 0.00 0 .00 0.00 0.00 0 .00 0.00 R85 Sub Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 R90 T ransfers In 63-1 00-490 I 00 Trsfr From Gt•neral Fd 579,709.76 11.1111 579.709.76 0.00 0.00 0.00 0.00 63-100-490352 l r.msfcr From Cit "d" 0.00 0.00 0 .00 0.00 0.00 0 .00 0.00 63-100-490353 Transfer From Cit "c" 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 63-100-490354 Transfer from CIT "F" 31.755.53 0.00 0.00 31.755.53 0.00 3 1.755.53 100.00 R90 Sub Totals: 61 1.465.29 0 .00 579.709.76 31.755.53 0.00 3 1.755.53 5.19 R99 Carry O ver Surplus 63-100-495995 Trans fer From( to) Surplus 112 ,859.00 0 .00 0.00 112.859.00 0 .00 112.859.00 100.00 R99 Sub Totals: 112.859.00 0.00 0 .00 112,859.00 0.00 112.859.00 100.00 Revenue Sub Totals: 3.11 6,9 10.29 870,970.60 1.657,365.18 1.459.545.11 0.00 1.459.545.11 46.83 Dept I 00 Sub Totals: ·3 .116,91 0.29 -870,970.60 -1.657,365.18 -1.459.545.11 0.00 Dept 63-630 Transit Operations E05 Personnel Services 63-630-50 I 0 20 Salaries 967.030 02 342.214.71 955.029.36 12.000.66 0.00 12.000 .66 1.24 63-6 30-501021 Vacancy Savings 0.00 0.00 0.00 0 .00 0.00 0 .00 0.00 63-630-50 I 040 Part-time (w\benefi ts) 30.000.00 10.448.67 33.773.10 -3.773.10 0.00 -3,773.10 0.0 0 63 -630 -501050 Parttime(w/o Benefits) 25.000.00 6.605.09 15.707.54 9.292.46 0.00 9.292.46 37.17 (•3-630-50 I OfiO Seasona l Sala ries 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 63-630-501090 Overtime 85.000 .00 29.296.65 65.087.94 19,9 12.06 0.00 19.912.06 23.43 63-630-501095 Overtime Straight Pay 5,000.00 2.907.30 7.020.66 -2.020.66 0.00 -2.020.66 0.0 0 63-630-502010 Soci:1l Securit y 85,070.30 28,427.00 77 ,256.26 7.814.04 0.00 7,814.04 9.19 63-630-502020 Group Health In surance 220.927.47 69.623.72 203.019.90 17,907.57 0.00 17.907.57 8.11 63-630-502021 Self Insuran ce-G roup 1-fc~lth 0 .00 0 .00 0.00 0.00 0.00 0 .00 0.0 0 63-630-502022 \Vell ncss Asscssm~nt 1,7 IO.g3 0 .00 1,710.S3 0.00 0.00 0 .00 0.0 0 63-630-502023 Self Insuran ce:-Retirees 0.00 0 .00 0.00 000 000 0 .00 0.00 G L-Budgct Status (3/8/2023 -2:43 PM) Page 2 Account Number 63-630-502030 63-630-502040 63-630-502050 63-630-502060 63-630-502070 63-630-503010 63-630-503020 ElO 63-630-511010 63-630-511020 63-630-512010 63-630-512020 63-630-513010 63-630-514010 63-630-514015 63-630-51401 6 63-630-514017 63-630-514040 63-630-515040 63-630-517010 El5 63-630-520030 63-630-520050 63-630-520070 63-630-521010 63-630-521020 63-630-521030 63-630-521040 63-630-521060 63-630-521065 6 3-630-521070 63-630-522010 63-630-522020 63-630-524010 63-630-526020 63-630-526 040 6 3-630-526050 63-630-526060 GL-Budget Status (3/8/2023 -2:43 PM) Description Ret irement \Vorkers Compensation Life Insurance Long Tenn Disability Employee Assistance Prgm Awards Program Unemployment Compensation E05 Sub Totals: Materials & Supplies Advertising Postage Printing Copies Office Supplies Gas&Oil Tornado Flooding COVID-19 Food First Aid Supplies Operational Supplies El 0 Sub Totals: Contractual Service s Dues And Publicalions INACTIVE -Mtgs & Conferences Training And Education General Insurance Insurance Deductible Self Ins Prop & Casualty Medical Claims/services Drug/alcohol screening Background C hecks Prov For Unsettled Claims Audit Professional SeiVices Trnsh Collections Admin Chgs For Serv Billing/collection Fees Enhanced Services (St. Mary's) Refund of Grant Proceeds Budget Amount !39,139.84 20,498.55 1,181.16 2,947.15 589.68 2,000.00 0 .00 I ,586,095.00 500.00 800.00 6,500.00 30.00 2,267.00 191,077.37 0 .00 0.00 0.00 1,000.00 150.00 8,000.00 210,324.37 3,200.00 0.00 10,000.00 49,884.52 0.00 1,500.00 500.00 1,455.00 260.00 0.00 4 ,375.04 12,054.00 0.00 241,866.00 49.21 0.00 0 .00 Period Amount 49,001.70 0.00 396.16 990.16 138.10 600.00 0.00 540,649.26 350.00 77.03 71.00 0.00 267.61 92,372.78 0.00 0.00 2,440.59 320.52 276.45 5,863.97 102,039.95 410.00 0.00 1,778.78 0.00 0.00 5,000.00 0 .00 1,100.00 33.25 0 .00 502.66 563.00 0.00 0.00 73 .71 0.00 1,604.58 YTDAmount 134,918.47 20.49K55 1,135.48 2,836.57 557.45 1,900.00 0.00 I ,520,452.11 674.90 250.06 582.39 0.00 2,119.06 217,122.74 0 .00 0.00 14,556.38 792.84 276.45 11,212.01 247,646.83 3,330.00 0.00 4,506.73 78,960.23 0.00 5,000.00 50.00 1,146.00 33.25 0.00 3,483.73 3,327.95 0.00 241,866.00 151.66 0.00 1,604.58 YTDVar 4,221.37 0.00 45.68 110.58 32.23 100.00 0.00 65,642.89 -174.90 549.94 5,917.61 30.00 147.94 -26,045.37 0 .00 0 .00 -14,556.38 207.16 -126.45 -3,272.01 -37,322.46 -130.00 0.00 5,493.27 -29,075.71 0.00 -3 ,500.00 450.00 309.00 226.75 0.00 891.31 8,726.05 0.00 0.00 -102.45 0.00 -1,6 04.58 Encumbered Amount 0.00 0 .00 0 .00 0 .00 0 .00 0.00 0 .00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 0.00 0.00 0 .00 0 .00 0 .00 0.00 0.00 0 .00 0.00 0 .00 0 .00 Available 4,221.37 0.00 45.68 110.58 32.23 100.00 0.00 6 5,642.89 -174.90 549.94 5,917.61 30.00 147.94 -26,045.37 0.00 0.00 -14,556.38 207.16 -126.45 -3.272.01 -37,322.46 -130.00 0.00 5,493.27 -29,075.71 0.00 -3,500.00 450.00 309.00 226.75 0.00 891.31 8,726.05 0.00 0 .00 -102.45 0.00 -1 ,604.58 %Available 3.03 0.00 3.87 3 .75 5.41 5.00 0 .00 4.14 0.00 6 8.74 91.04 100.00 6.53 0.00 0 .00 0.00 0 .00 20.72 0 .00 0 .00 0 .00 0.00 0 .00 54.93 0 .00 0 .00 0 .00 90.00 21.24 87.21 0.00 20 .37 72.39 0.00 0.00 0.00 0.00 0.00 Page 3 Account Number Description Budget Amount Period Amount YTDAmount YTDVar Encumbered Amount Available · %Available E IS Sub Totals: 325,143.77 11,065.98 343.460.13 -18,316.36 0.00 -18,316.36 0.00 E20 Utilities 63-630-531010 Electricity 7,950.79 3,103.75 6,547.84 1,402.95 0.00 1,402.95 17.65 63-630-533010 Natural Gas 12,000.00 712.66 8,589.10 3,410.90 0 .00 3,410.90 28.42 63-630-534010 Telephone 5,800.00 2,273.78 5,091.56 708.44 0.00 708.44 12.21 63-630-535010 \Vater 4,000.00 1,468.96 3,665.28 334.72 0.00 334.72 8.37 E20 Sub Totals: 29,750.79 7 ,559.15 23,893 .78 5,857.01 0 .00 5,857.01 19.69 E25 Repairs & Maintenance 63-630-540010 Building & Grounds Maint. 27,266.00 17,665.45 26,490.49 775.51 0.00 775.51 2.84 63-630-541020 Veh Maintenance 358,800.00 121,339.78 341,927.53 16,872.47 0.00 16,872.47 4 .70 63-630-541030 Vehicle Wash 15,000.00 6,977.14 16,452.08 -1,452.08 0.00 -1,452.08 0.00 63-630-546010 Clothing Expense 15 ,000.00 9,413 .73 9,958.45 5,041.55 0.00 5,041.55 33.61 63-630-546020 Unifonn Cleaning 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 63-630-547010 Equipment Maintenance 500.00 0.00 0.00 500.00 0.00 500.00 100.00 63-630-547020 Maintenance Agreements 2,305.77 128.50 2,308.51 -2.74 0 .00 -2.74 0 .00 63-630-547030 Radio Maintenance 3,840.06 191.00 4 ,031.06 -191.00 0 .00 -191.00 0.00 E25 Sub Totals: 422,711.83 155,715.60 401 ,168.12 21,543.71 0 .00 21,543.71 5.10 E30 Other Operating Expenses 63-630-5500 IS Bad Debt Expense 0.00 0.00 0.00 0.00 0 .00 0.00 0.00 E30 Sub Totals : 0 .00 0.00 0.00 0 .00 0 .00 0.00 0.00 E65 Other Non-Operating Expenses 63-630 -555010 Loss On Disposal Of Asset 0 .00 0.00 0.00 0.00 0.00 0 .00 0.00 E65 Sub Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 E70 Capital Purchases 63-630-572010 Purchase Of Vehicles 108,652.00 0.00 0.00 108,652.00 0.00 108,652.00 100.00 63-630-572020 Purchase Of Equipment 18,014.57 0.00 0.00 18,014.57 0.00 18,014.57 100.00 63-630-573030 Purch/improv Landlbuildin 0 .00 0.00 0.00 0 .00 0.00 0.00 0.00 E70 Sub Totals: 126,666.57 0.00 0.00 126,666.57 0.00 126,666.57 100.00 E79 Depreciation 63-630-560010 Depreciation 0 .00 0.00 0.00 0 .00 0.00 0.00 0.00 E79 Sub Totals: 0 .00 0.00 0.00 0.00 0.00 0 .00 0.00 Expense Sub Totals: 2. 700,692.33 817,029.94 2,536,620.97 164,071.36 0 .00 164,071.36 6.08 Dept 630 Sub Totals: 2,700,692.33 817,029.94 2,536,620.97 164,071.36 0.00 GL-Budget Status (3/8/2023 • 2:43 PM) Page4 Account N umbe r Description B udget Amount Period Amount YTDAmount YTDVar E ncumbered Amount Available %Available Dept 63 -700 E80 Tran sfers Ou t 63-700-590065 Tran s to Self-Funded Hlth Ins 21,700.00 2 1,700.00 2 1,700.00 0.00 0.00 0.00 0.00 63-700-5 90066 Trans to Workers Comp 20.601.00 20,601.00 20,601.00 0.00 0.00 0.00 0.00 ESO Sub Totnls: 42.301.00 42.301.00 42.30 1.00 0.00 0.00 0.00 0.00 Expense Sub Total s: 42,301.00 42.301.00 42,30 1.00 0.00 0.00 0 .00 0 .0 0 Dept 70 0 Sub Totn ls: 42.301.00 42.301.00 42,301.00 0.00 0.00 Dept 63-990 E70 Capital Purchases 63-990-590072 M0-20 19-027·00 grant ex penses 373,916.96 I ~.130.40 69,275.83 304,641.13 -0.40 304,641 .53 8 1.47 E70 Su b Totnls: 373,916.96 19,130.40 69,275.83 304.641.13 -0.40 304,641.53 8 1.47 E75 Capita l Proj ects 63-990-590071 Mo Blvdl 400-1800 Block 0.00 0.00 0.00 0.00 0.00 0.00 0.00 E75 Sub Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Expen se Sub Totals: 373.9 16.96 19 .1 30 .40 69,275.83 304,64 1.13 -0.40 304,641.53 8 1.47 Dept 990 Sub Totals: 373.916.96 19.130 .40 69,275.83 304,64 1.13 -0.40 Fund Revenu e Sub Totals: 3.116,910.29 870,970.60 1,657 ,365.18 I ,459,545 .11 0.00 I ,459 ,545 .1 1 46.83 Fund Expense Sub Totals: 3 .116.9 10.29 ~-X .¥• I.' -I 2.648,197.80 468,712.49 -0.40 468.712.89 15.04 Fund 63 Sub To tals: 0.00 7 .490.74 990.832 .62 -990.832.62 -0.40 Revenue Tota ls: 3 .11 6.9 10.29 870.970.60 1.65 7,365.18 1.459.545.11 0.00 1.459.545.11 46.83 Expense Tota ls: 3 .116.9 10.29 878.461.34 2,648,197.80 468,712.49 -0.40 468,7 12.89 15.04 Report To tals: 0.00 7,490.74 990,83 2 .62 -990.832.62 -0.40 G L-Budget Status (3/8/2023 -2:43 PM) Page 5 General L edger CITY OF jEFFERSON Budget Statu s JOHN G. CHRISTY MUNICIPAL BUILDING User: gstcgcman 320 E McCarty St Pri nted: 3/812023 -2 :4~ PM Jefferson City, MO 651 01-3193 Pl.!riod : I to X. 2022 Account Number Description Budget Amount Period Amount YTDAmou nt YTD Var Encumbe red Amount A"ailable % A"ailab le Fund 63 Transit Fund Dept 63-100 Revenue R50 In te rg ovcmmcntal 63-100-4300 10 Federal Grants 3,536.597.00 864.974.00 864.974.00 2.67 1.623 .00 0.00 2.671.623.00 75.54 6 3-100-430020 State Grant s I I ,01 8.00 11,01 8.00 11 ,01 8.00 0 .00 0.00 0 .00 0.00 63-1 00-4300 24 State-Medic aid Wa iver-\ 00% 25.000.00 5.505.1 5 5,505.15 19,4 94 .85 0.00 19.494.85 77.9 8 6 3-100-430025 State-medi caid Wai ver 60 /40 155.000.00 128.246.03 128.24 6.0 3 26.753.97 0.00 26.753.97 17.26 6 3-100-43 0026 St ate-n cmt 65 ,000.00 42.840.70 42,840.70 22.159.30 0.00 22.159.30 34.09 6 3-100-430030 Federal Operating Grant 0.00 64,572.00 64,572.00 -64,572.00 0.00 -64 ,572.00 0.00 6 3-1 00-430040 Lo cal Gra nt s 0.00 0.00 0 .00 0 .00 0.00 0 .00 0.0 0 R5 0 Sub Total s: 3 .792,6 15.00 117,155.88 1,117,155.88 2,675.459.12 0.00 2.(>75.459.12 70.54 R60 Charges for Se rv ices 6 3-1 00-440 3 10 Charte rs 0.00 0 .00 0.00 0.00 0 .00 0 .00 0.00 63 -100-440320 Bu s Fare Boxes 62.000.00 26.885.41 26.885.41 35,11 4.59 0.00 35.114 .59 56.64 63-100-4403 25 Adu h Passes 27.000.00 17 .850.00 17.850.00 9.150.00 0.00 9.150.00 33 .8 9 63-100-440340 Student Pass es 5.000.00 2.1 60.00 2.160.00 2.840.00 0.00 2.840.00 56.80 63 -100-440 345 All -Da y P:tsscs 0.00 0.00 0.00 0 .00 0.00 0 .00 0.0 0 63-100-440350 Handi-whcc l Fares 55.000.00 37.2 10.00 37.2 10.00 17,790.00 0.00 17.790.00 32.35 63-100-440 355 Re duced Fare Pa sses 9.000.00 5.0 15.00 5.0 15.00 3.985 .00 0.00 3.985.00 44.28 63-100-440 357 U-Pass 5.000.00 1.592.00 1.592.00 3.408.00 0.00 3.408.00 68.1 6 63 -100-440 360 Spec ial Routes 0.00 0 .00 0 .00 0.00 0.00 0 .00 0.00 63-100-440 3 70 Vehicle Wa sh-c harge Bac k 19.692.00 19,692.00 19.692.00 0.00 0.00 0 .00 0.0 0 R60 Sub Tota ls: 182.692.0 0 I I 0.404.4 1 110.404.41 72,287.59 0.00 72.287.59 39 57 R75 Other Operating Reve nues 63-100-481069 Utility Au di t Re ve nue 0.00 0 .00 0 .00 0.00 0.00 0 .00 0.00 63-1 00-481 0 70 Mi scellaneou s 0.00 0 .00 0.0 0 0.00 0.00 0.00 0.00 63-100-481 073 Bu s Adverti sement 20.000.00 23 .250 .0 0 23.250.00 -3,250.00 0.00 -3,250.00 0.00 63 -100-48 10 77 Insuranc e Claim s 0.00 0 .00 0 .00 0.00 0.00 0 .00 0.00 63-100-48 1 0 7X Cafeteri a Re funds 0.00 0 .00 0 .00 0.00 0.00 0.00 0.00 63-100-48 1 0 79 Gas Tax Refund 12.000.00 9 .834 .82 9.834 .82 2.165.18 0.00 2.165.18 18.04 63-100-48 1110 Long& Short 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 G L-Budget Status (3/8/2023 -2:48 PM ) Page I Account Number Description Budget Amount reriod Amount YTDAmount YTD Var Encumbered Amount Available 0/o Available R75 Sub Totals: 32,000.00 33.084.82 33.084.82 -1.084.82 0.00 -I ,084.82 0.00 R80 Interest Income 63-1 00-4700 I 0 Interest 0.00 -6.486.17 -6,486.17 6.486.17 0.00 6,486.17 0.00 63 -100-470051 Unrealized Gains/losses 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 RSO Sub Tota ls: 0 .00 -6.486.17 -6.486.17 6.486.17 0.00 6.486.17 0.00 R85 Other Non-Operating Revenue 63-100-485050 Sale Of Assets 0 .00 2.000.00 2,000.00 -2.000.00 0.00 -2,000.00 0.00 63-100-486030 Cap Contr-others 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 63-1 00-486040 Cap Contr-dty 0.00 0.00 0.00 0.00 0.00 0.00 0.00 R85 Sub Totals: 0.00 2.000.00 2.000.00 -2.000.00 0.00 -2,000.00 0 .00 1\90 Transfers In 63-1 00-490 I 00 Trsfi· Fro m General Fd 257.045 09 I 87.0725~ 187,072.59 69,972.50 0.00 69.972.50 27.22 63-100-490352 Transfer From Cit "d" 0 .00 0.00 0 .00 0.00 0.00 0.00 0.00 63-100-490353 Transfer From Cit "c" 0 .00 0.00 0 .00 0.00 0.00 0.00 0.00 63-100-490354 Transfer from CIT "F" 12,160.82 0.00 0.00 12,160.82 0.00 12.160.82 100.00 R90 Sub Totals: 269.205.91 187 .072.59 I 87.072.59 82.133.32 0.00 82.133.32 30.51 R99 Carry Over Surpl us 63-100-495995 Transfer From(to} Surplus 614,538.02 0.00 0.00 614.538.02 0.00 614,53lt02 100.00 R99 Sub Totals: 614.538.02 0.00 0.00 6 14.538.02 0 .00 614,538.02 100.00 Revenue Sub Totals: 4,891,050.93 1,443.231.53 1.44 3.231.53 3.447,819.40 0 .00 3,447,819.40 70.49 Dept I 00 Sub Totals: -4.891.050.93 -1.443,231.53 -1.443.23 1.53 -3.447.8 19.40 0.00 Dept 63-630 Transit Operations E05 Personne l Services 63-630-50 I 020 Sa laries 1.225,015.73 638.864.79 638.864.79 586.150.94 0.00 586.150.94 4 7.85 63-630-501021 Vacancy Savings 0 .00 0.00 0.00 0 .00 0.00 0.00 0.00 63-630-50 I 040 Part-time (w\bcncfits ) 26.494.57 18.709.83 18.709.83 7.784.74 0.00 7.784.74 29.38 63-630-50 I 050 Parttimc(w/o Benefits) 25.000.00 17.839.14 17.839.14 7.160.86 0.00 7.160.86 28.64 63-1>30-50 I 060 Seasonal Salaries 0 .00 0 .00 0.00 0 .00 0.00 0.00 0.00 63-630-50 I 090 Ovcrtitnc 85.000.00 56.442.95 56,442.95 28.557.05 0 .00 28,557.05 33 .60 63-630-50 I 095 Overtime Strnight Pa y 47.802.15 4.615.33 4.615.33 43.186.82 0 .00 43.186.82 90.34 63-630-5020 I 0 Social Security 92,190.72 53,605.9 1 53,605.9 1 3S .5 84.R I 0 .00 38,5 X4.S I 41.S5 63-630-502020 Group Hea lth lnsunmcc 235.8 11.98 135.351.73 135,351.73 I 00,460.25 0 .00 100,4 60.25 42.60 63-630-502021 Self In surance-Group I lcalth 0.00 0 .00 0.00 0 .00 0 .00 0.00 0 .00 63-630-502022 \Vcl lncss Assessment 3,162.12 3.1 62.12 3.162.12 0.00 0 .00 0.00 0 .00 63-630-502023 Self In surance-Retirees 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GL-Budget Status (3/8/2023-2:48 PM ) Page 2 Account Number 63-630-502030 63-630-502040 63-630-502050 63-630-502060 63-630-502070 63-630-503010 63-630 -503020 EIO 63-630-511010 63-630-511020 63-630-5 12010 63-630-512020 63-630-513010 63-630-514010 63-630-514015 63-630-514016 63-630-514017 63-630-5 14040 63-630-5 I 5040 63-630-517010 E15 63-630-520030 63-630-520050 63-630-520070 63-630-5210 l 0 63-630-521020 63-630-521030 63-630-521040 63-630-521060 63-630-521065 63-630-521070 63-630-522010 63-630-522020 63-630-524010 63-630-526020 63-630-526040 63-630-526050 63-630-526060 GL-Budget Status (3/8/2023 -2:48 PM) Description Retirement Workers Compensation Life Insurance Long Tenn Disability Employee Assistance Prgm Awards Program Unemployment Compensation E05 Sub Totals: Materials & Supplies Advertising Postage Printing Copies Office Supplies Gas&Oil Tornado Flooding COVID-19 Food First Aid Supplies Operutional Supplies EIO Sub Totals: Contractual Services Dues And Publications INACTIVE -Mtgs & Conferences Tmining And Education General Insurance Insurance Deductible Self Ins Prop & Casualty Medical Claims/services Drug/a lcohol screening Background Checks Prov For Unsettled Claims Audit Professional Services Tmsh Collections Admin Chgs For Serv Billing/collection Fees Enhanced Services (St. Mary's) Refund of Grunt Proceeds Budget Amount 153,884.83 20,498.56 1,211.82 3,029.89 589.68 2,500.00 0.00 I ,922,192.05 900.00 800.00 3,000.00 30.00 3,767.00 245,000.00 0.00 0.00 2,923.26 1,516.80 156.01 15,018.00 273,111.07 2,330.00 0.00 7,000.00 54,584.17 0.00 1,500.00 500.00 I ,455.00 260.00 0.00 9,319.94 5,900.00 0.00 247,486.00 0.00 0.00 0.00 Period Amount 94,472.88 20,498.56 740.52 1,885.36 414.30 1,700.00 0.00 I ,048,303.42 0.00 194.66 2,280.00 0.00 535.05 199,194.87 0.00 0.00 2,923.26 1,315.52 156.oL 9,348.29 215,947.66 2,045.00 0.00 2,368.95 82,630.12 l9,506.6I 0.00 414.80 698.00 166.25 0.00 4,419.09 3,047.49 0.00 247,486.00 247.50 0.00 4,375.00 YTDAmount 94,472.88 20,498.56 740.52 1,885.36 414.30 1,700.00 0.00 I ,048,303.42 0.00 194.66 2,280.00 0.00 535.05 199,194.87 0.00 0 .00 2,923.26 1,315.52 156.QI 9,348.29 2 15 ,947.66 2,045.00 0.00 2,368.95 82,630.12 19,506.6 1 0.00 414.80 698.00 166.25 0.00 4,419.09 3,047.49 0 .00 247,486.00 247.50 0.00 4,375.00 YTDVar 59,411.95 0.00 471.30 1,144.53 175.38 800.00 0.00 873,888.63 900.00 605.34 720.00 30.00 3,231.95 45,805.13 0.00 0.00 0.00 201.28 0.00 5,669.71 57,163.41 285.00 0.00 4,631.05 -28,045.95 -19,506.61 1,500.00 85.20 757.00 93.75 0.00 4,900.85 2,852.51 0.00 0.00 -247.50 0.00 -4,375.00 Encumbered Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 0 .00 0.00 0.00 0 .00 0 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 0.00 0.00 487.97 0.00 0 .00 0 .00 0.00 0.00 Available 59,411.95 0.00 471.30 1,144.53 175.38 800.00 0.00 873,888.63 900.00 605.34 720.00 30.00 3,231.95 45,805.13 0.00 0.00 0.00 201.28 0.00 5,669.71 57,163.41 285.00 0.00 4,631.05 -28,045.95 -19,506.6I 1,500.00 85.20 757.00 93.75 0.00 4,900.85 2,364.54 0.00 0.00 -247.50 0.00 -4,375.00 o/o Available 38.61 0.00 38 .89 37.77 29.74 32.00 0.00 45.46 100.00 75.67 24.00 100.00 85.80 18.70 0.00 0.00 0.00 13.27 0.00 37.75 20.93 12 .23 0.00 66.16 0.00 0.00 100.00 17.04 52.03 36.06 0.00 52 .58 40.08 0.00 0.00 0.00 0.00 0.00 PageJ Account Number Description Budget Amount Period Amount YTDAmount VTDVar Encumbered Amount Available %Available El 5 Sub Totals: 330,335.11 367,404.81 367,404.81 -37,069.70 487.97 -37,557.67 0.00 E20 Utilities 63-630-531010 Electricity 7,000.00 3,405.84 3,405.84 3,594.16 0.00 3,594.16 51.35 63-630-533010 Natural Gas 11,000.00 10,227.68 10,227.68 772.32 0.00 772.32 7.02 63-630-534010 Telephone 5,800.00 3,462.18 3,462.18 2,337.82 0.00 2,337.82 40.31 63-630-535010 Water 4,000.00 2,105.94 2,105.94 1,894.06 0.00 1,894.06 47.35 E20 Sub Totals: 27,800.00 19,201.64 19,201.64 8 ,598.36 0.00 8,598.36 30.93 E25 Repairs & Maintenance 63-630-540010 Building & Grounds Mainl. 15,000.00 27,827.53 27,827.53 -12.827.53 102.50 -12,930.03 0.00 63-630-541020 Veh Maintenance 336,288.88 241,276.36 241,276.36 95,012.52 0.00 95,012.52 28.25 63-630-541 030 Vehicle Wash 15,000.00 16,762.66 16,762.66 -1,762.66 0.00 -1,762.66 0 .00 63-630-546010 Clothing Expense 13,339.00 11,061.40 11,061.40 2,277.60 1,561.48 716.12 5 .37 63-630-546020 Uniform Cleaning 0 .00 0.00 0.00 0.00 0.00 0.00 0 .00 63-630-547010 Equipment Maintenance 0.00 0 .00 0 .00 0.00 0.00 0.00 0 .00 63-630-547020 Maintenance Agreements 14,050.00 3,600.09 3,600.09 10,449.91 135.84 10,314.07 73.41 63-630-547030 Radio Maint enance 857.00 675.30 675.30 181.70 0.00 181.70 21.20 E25 Sub Totals: 394,534.88 301,203.34 301 ,203.34 93,331.54 1,799.82 91,531.72 23 .20 E30 Other Operating Expenses 63-630-5 50015 Ba d Debt Expense 0.00 0.00 0.00 0.00 0 .00 0.00 0.00 E30 Sub Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 E65 Other Non-Operaling Expenses 63-630-555010 Loss On Disposal Of Asset 0 .00 0 .00 0.00 0.00 0.00 0.00 0.00 E65 Sub Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 E70 Capital Purchases 63-630-572010 Purchase OfVehic les 1,444,191.00 0 .00 0.00 1,444,191.00 0.00 1,444,191.00 100.00 63-630-572020 Purchase Of Equipment 209,219.02 0 .00 0.00 209,219.02 0 .00 209,219.02 100.00 63-630-573030 Purchlimprov Landlbuildin 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 E70 Sub Totals: 1,653,410.02 0.00 0 .00 I ,653,410.0 2 0.00 1,653,410.02 100.00 E79 Depreciation 63-630-560010 Depreciation 0.00 0 .00 0.00 0.00 0 .00 0.00 0 .00 E79 Sub Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0 .00 Expense Sub Totals: 4 ,601 ,383.13 1,952,060 .87 1,952,060.87 2,649,322.26 2,287.79 2,647,034.47 57.53 Dept 630 Sub Totals: 4,601,383.13 1,952,060.87 1,952,060.87 2,649,322.26 2,287.79 GL-Budget Starus (318/2023 -2:48 PM) Page4 Account Number Des crip tion Budget A mount Period A mo unt YTDAmo unt YTD Var E n cu mben~d Amount Availa ble %Available Dept 63-700 E80 Transfers Out 63-700-590065 Trans to Self· Funded 1-Jhh Ins 0.00 0 .00 0 .00 0.00 0.00 0 .00 0.00 63-700-590066 Trans 10 \Vorkers Comp 0.00 0.00 0.00 0.00 0.00 0 .00 0.00 E80 Sub Tota ls: 0.00 0.00 0 .00 0.00 0.00 0 .00 0 .00 Expense Sub Totals: 0.00 0 .00 0.00 0.00 0.00 0.00 0.00 Dept 700 Sub Totals: 0.00 0 .00 0.00 0.00 0.00 Dept 63-990 E70 Capital Purchases 63-990-590072 M0-20 19·027 grant expenses 289,667.80 o no 0.00 289,667.80 0.00 289.667.80 100.00 E70 Sub Totals: 289,667.80 0.00 0.00 289.667.80 0.00 289.667.80 100.00 E75 Cnpital Projects 63-990-590071 Mo Blvdl400-1800 Block 0.00 0.00 0.00 0.00 0.00 0.00 0.00 E75 Sub Totals: 0.00 0.00 0 .00 0.00 0.00 0.00 0.00 Expense Sub Tot als: 289.667.80 0.00 0 .00 289,667.80 0.00 289.667.80 100.00 Dept 990 Sub Totals: 289.667.80 0.00 0.00 289,667.80 0.00 Fund Revenue Sub Totals: 4,89 1,050.93 IA4~.n I "3 1.443,231 .53 3,447,8 19.40 0.00 3.447 ,8 19.40 70.49 Fund Expense Sub ·h,tab: • 4,891.050.93 \.9:'2.(160 X7 1,952,060.8 7 2,938.990.06 2.287.79 2.936.702.2 7 60.04 Fund 63 Sub Totals: 0.00 508.829.34 508.829.34 -508.829.34 2.287.79 Revenue Totals: 4,891.050.93 1.443.231.53 1.443.231.53 3.447,819.40 0.00 3,447.8 19.40 70.49 Ex pense Totals: 4.891 ,050.93 1.952,060.87 1.952.060.87 2.938,990.06 2.287.79 2.936.702.27 60.04 Report Totals: 0.00 508.829.34 508.829.34 -508.829.34 2.287.79 GL-Budget Status (3/8/2023 -2:48PM) Page 5 CMRESOLUTION SUMMARYRESOLUTION NO: RS2022-50SPONSOR: Councilmember FitzwaterSUBJECT: Approves a Real Estate Agreement with the Missouri Primary CareAssociation and the Missouri Behavioral Health Council for the sale of 1.75acres or real estate at MSPDATE INTRODUCED: March 20. 2023DEPARTMENT DIRECTOR(S):CITY ADMINISTRATOR:Staff Reootnmendatioii: Neutral.Summary: Authorizes the Mayor to execute a Real Estate Agreement with the MissouriPrimary Care Association and the Missouri Behavioral Health Council for the sale of 1.75acres of real estate within the Missouri State Penitentiary redevelopment area.Origin of Request: Missouri Primary Care Association and the Missouri Behavioral HealthCouncilDepartment Responsible: LawPERSON RESPONSIBLE: RYAN MOEHLMANBackground Information: Authorizes the Mayor and City Clerk to execute a Real EstateAgreement with the Missouri Primary Care Association and the Missouri Behavioral HealthCouncil for the sale of 1.75 acres or real estate within the Missouri State Penitentiaryredevelopment area for $400,000. The agreement also grants the Buyer an option for anadditional -0.67 acre site south of the subject property for its parking needs and allowsMPCA/MBHC to lease such area until the option vests or not. The option will vest onJanuary 1, 2026 unless the City proceeds toward an area-wide parking solution at the MSPsite. The price on the option area is calculated on the per-acre price of the subject propertyor a future appraisal and a sliding scale based on the amount of tax-generating retailinstalled on the subject property.Fiscal Information: The 1.75 acre site carries a sale price of 400,000. The proceeds arepledged to be reinvested in the MSP redevelopment site. RESOLUTIONRS2022-50Sponsor; Councilmember FitzwaterA RESOLUTION AUTHORIZING THE CITY TO APPROVE A REAL ESTATEAGREEMENT WITH THE MISSOURI PRIMARY CARE ASSOCIATION AND THEMISSOURI BEHAVIORAL HEALTH COUNCIL FOR THE SALE OF 1.75 ACRES OFREAL ESTATE AT MSPWHEREAS, on June 6, 2022, the City Council approved Resolution 2022-09, whichsupported the potential location of the MPCA-MBHC Center of Excellenceat the MSP Redevelopment area and authorized the City staff to continuenegotiations with the Missouri Primary Care Association and the MissouriBehavioral Health Council to potentially facilitate such location; andWHEREAS, pursuant to such resolution, the MPCA, MBHC, and City staff havenegotiated the Real Estate Agreement attached hereto as Exhibit A.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFMISSOURI, that the Real Estate Agreement with Missouri Primary CareAssociation and the Missouri Behavioral Health Council substantially in form attachedhereto as Exhibit A, is approved and the Mayor and City Clerk are authorized to executethe same and the Mayor, City Administrator, City Attorney, and appropriate City staff areauthorized to execute all documents necessary to carry out the intent of this resolution.Adopted this 20^^ day of March, 2023Mayor Carrie TerginATTEST; APPROVED AS TO FORM:City ClerkCity Attorn Page 1 of 12 Real Estate Purchase and Sale Agreement This Real Estate Purchase and Sale Agreement (the “Agreement”), made and entered into the date last signed by a party as indicated below, by and between City of Jefferson, Missouri, a municipal corporation (“Seller”), and Missouri Coalition for Primary Health Care dba Missouri Primary Care Association and Missouri Coalition of Community Mental Health Centers dba Missouri Behavioral Health Council, (jointly “Buyer”), with reference to the following facts: A. Seller owns 1.75 acres of real property in Cole County, Missouri being situated within the City of Jefferson, Missouri (collectively referred to herein as the “Property”), as further described as: SEE EXHIBIT A FOR SITE PLAN B. Buyer desires to purchase, and Seller desires to sell, the Property on the terms and conditions set forth in this Agreement. The Parties agree that Seller also shall reserve unrestricted rights-of- way such that Buyer may access the Property from Chestnut Street via such rights-of-way. C. Seller shall prepare the legal description for the Property to be purchased by Buyer and the legal description for the unrestricted rights-of-way from Chestnut Street through the Property depicted on Exhibit B attached hereto. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other valuable consideration, Buyer and Seller agree to the above recitals and as follows: 1. Sale and Purchase. Seller agrees to sell, and Buyer agrees to purchase, the Property, for the Purchase Price described immediately below, and in accordance with and subject to the terms and conditions contained herein. Seller and Buyer also agree that any and all items of personal property remaining in the Property at the date of closing shall become the sole property of Buyer. This paragraph shall not apply any personal property which is hazardous, dangerous, or unlawfully stored on the property. 2. Purchase Price. The Purchase Price for the Property shall be Four Hundred Thousand Dollars and No Cents ($400,000.00). The Purchase Price shall be payable as follows: 2.1. On the date that the Deed (defined in § 5 below) is recorded (“Closing”) (or at such other time as Cole County Abstract & Title Company (“Escrow Agent”) may require so as to be able to disburse all funds on Closing), the Purchase Price ($400,000.00) shall be deposited by Buyer with Escrow Agent in the form of immediately available funds. Said balance shall be paid to Seller upon the Closing. 2.2 Seller covenants that the funds derived from the Purchase Price shall only be utilized by Seller for design, demolition, construction, installation, or maintenance of improvements within the boundaries of the Missouri State Penitentiary Community Improvement District. 3. Title Insurance. The following shall apply with regard to the Property: Page 2 of 12 3.1 Seller shall cause to be issued a preliminary title report by a financially responsible title insurance company authorized to do business in Missouri (the “Title Company”) committing such company to issue its ALTA owners title insurance to the Buyer herein, insuring marketable title, free and clear of liens and encumbrances, subject only to easements, restrictions and reservations of record. 3.2 Within fourteen (14) days of the date of this Agreement, Seller shall deliver to Buyer such commitment in which the Title Company shall agree, subject to conditions of the commitment which shall not be inconsistent with the obligations of Seller under this Agreement, to issue to Buyer immediately after Seller's special warranty deed to Buyer shall be placed of record, and upon payment of the charges therefore, its Owner's Policy of Title Insurance in the form described above and in the amount of the Purchase Price. Within fourteen (14) days after receipt of the commitment, Buyer shall advise Seller in writing of any objections to title and of any easements, restrictions, reservations of record, or defects that would adversely affect Buyer's anticipated use of the Property. Seller shall have until two (2) days prior to the Closing to make such corrections in the title and remove any easements, restrictions, reservations, or defects as required by Buyer or the Title Company and in such manner as shall be required by Buyer or the Title Company. In case such defects, easements, restrictions, reservations, or defects are not rectified within this time period, or the title insurance commitment is not delivered, Buyer may at its option either void this Agreement by written notice to Seller or take title to the Property subject to such title defects. The costs to correct any title defects shall be paid by Seller if Seller elects to correct any such title defects. Buyer shall pay for the cost to record the special warranty deed. 4. Escrow. The Escrow Agent shall be Cole County Abstract & Title Company at 240 East High Street, #100, Jefferson City, Missouri. Escrow Agent shall consider this Agreement and all amendments hereto as its escrow instructions. Buyer and Seller agree to execute such further instructions as Escrow Agent reasonably may require in order to clarify its duties and responsibilities hereunder. Any such additional escrow instructions shall not modify or amend the provisions of this Agreement, unless otherwise expressly set forth therein. 5. Closing, Prorations and Transfer of Title. 5.1. The Closing shall occur on or before June 1, 2023 or, at the election of Buyer, Buyer can extend Closing up to 120 days to satisfy all contingencies listed herein. 5.2. At Closing, Seller shall deliver to Buyer a special warranty deed (the “Deed”) in proper form for recordation, conveying to Buyer or its assignee title to the Property. 5.3. Prior to Closing, the Parties agree Buyer shall be allowed to assign all of its rights and obligations hereunder to another legal entity formed by Buyer at Buyer's discretion. 5.4. Subject to the terms and conditions contained herein, at Closing, Escrow Agent shall cause the Deed to be recorded in the official records of Cole County. Buyer shall pay the costs of Title Page 3 of 12 Insurance, all recording charges, and any transfer fees or taxes. All Escrow Agent's fees and Closing costs will be shared equally between Buyer and Seller. 5.5. Real property taxes, assessments and all other costs or income items transferred from Seller to Buyer hereunder, if any, shall be computed on a daily basis and prorated between the Buyer and Seller as of the Closing. Buyer acknowledges that Seller is not assigning any hazard or other insurance policies or any insurance proceeds to Buyer in connection with this transaction, and that all insurance desired by Buyer must be obtained by Buyer as of the Closing. Buyer further acknowledges that Seller is not holding any security deposits or prepaid rents in connection with the Property, and hereby releases Seller from all claims in connection therewith. 6. Inspections. Within sixty (60) days of the date of this Agreement or before Closing, at the election of Buyer, Buyer has the right to obtain at Buyer’s sole cost and expense written inspection reports on the Property from independent qualified inspectors. The inspections may include, but are not limited to, the following: A. Environmental Assessments. This inspection is intended for items such as radon, waste sites, and other environmental assessments as might be deemed necessary by Buyer and/or the United States Health Resources and Services Administration ("HRSA"). The Parties recognize that an Environmental Assessment under NEPA and a hazardous materials may be required. B. Historical Site Assessments. The Parties recognize that a consultation under Section 106 of the National Historic Preservation Act with the State Historic Preservation Officer (SHPO)/Tribal Historic Preservation Officer (THPO) (and any other consulting parties if identified) and any other historical site assessments must occur as required by Buyer and the HRSA. C. Gas Leakage. An inspection to determine any leakage of gas lines, if any, may be conducted by Buyer. D. Water Supply Testing. An inspection to determine the quality of water in private wells and cistern systems, if any, may be conducted by Buyer. E. Other Inspections as Deemed Necessary by Buyer. Buyer shall provide all inspection reports to Seller and indicate in writing all material defects or conditions which are not acceptable to Buyer no later than ten (10) calendar days after the inspection is performed. If Buyer does not report any requirements within the ten-day period, Buyer shall be deemed to have accepted the Property in its condition on the date of Agreement and Seller shall deliver possession of the Property on the possession date in substantially the same condition as on the date of Agreement. Following receipt of the written list of defects, Seller shall have seven (7) calendar days to notify the Buyer in writing if Seller is willing to correct any or all of such defects and conditions prior to the Closing Date. If Seller does not correct any list of defects from Buyer, Buyer may notify Seller that it shall not proceed with Closing. Page 4 of 12 7. Conditions to Closing. 7.1. Buyer's Conditions. Buyer 's obligation to complete the purchase of the Property is subject to satisfaction or written waiver of the following conditions at or prior to Closing: (a) all of the representations and warranties of Seller contained herein are true and accurate, and shall be so on the date of Closing; (b) the Property passes a geotechnical survey to the satisfaction of Buyer; and (c) Seller shall have performed all of the obligations to be performed by Seller prior to Closing under the terms of this Agreement. 7.1.1 Buyer’s Conditions Related to Grant. Buyer and Seller acknowledge that Buyer’s purchase of the Property is to construct improvements that will be in part be paid for with federal grant money through HRSA. Thus, HRSA must approve of the purchase of the Property and Buyer shall have no obligation to close if Buyer cannot secure sufficient approvals as required by HRSA for the purchase of the Property. 7.1.2 Flood Zone Determination Certification. A certified inspection of records to determine if the Property is in a flood zone as required by Buyer and HRSA. 7.1.3 Restrictions, Covenants, Legal Description, and Survey. Buyer shall review all restrictions, covenants, legal description, and surveys secured for the Property to ensure they are acceptable to Buyer. 7.1.4 Zoning. A review of the permitted uses and restrictions of the current zoning classification with appropriate governing authority may be conducted by Buyer and must be acceptable to Buyer. Buyer acknowledges that it will be required to secure approval of a Planned Unit Development Plan prior to issuance of building permits on the Property. 7.1.6 Access. Verification and acceptance by Buyer, in its sole discretion, that adequate access to and from the Property is available without Buyer having to secure additional property is required. In addition, Buyer shall approve the rights-of-way reserved by Seller from Chestnut Street to the Property. 7.1.7 Appraisal. The Property must appraise at a value equal to or greater than the Purchase Price. 7.1.8 Laws. Verification by Buyer, in its sole discretion, that land development, building, environmental and other laws, ordinances, rules, regulations, orders and the like of the United States, the State of Missouri, and the County of Cole, including any political Page 5 of 12 subdivision or agency thereof that are applicable to the Property, permit the development, use and occupancy of the Property for Buyer's intended development, operation and use. 7.1.9 The Parties recognize that the real estate contract between the City and the State of Missouri dated May 22, 2018 related to the transfer of certain Real Estate, including the Property, ("MSP Real Estate Contract") reserves a right of reentry to the Property by the State of Missouri if the City or any of its successors or assigns improve, develop, use or occupy the Real Estate in a manner inconsistent with the MSP Real Estate Contract for a period of twenty-five (25) years from the effective date of the MSP Real Estate Contract. In addition, the MSP Real Estate Contract provides that the State of Missouri reserves the right of reentry if development of the Real Estate does not commence within two (2) years after the closing date of the MSP Real Estate Contract and/or if construction of planned developments and/or or infrastructure has not begun within four (4) years after the specified closing date of the MSP Real Estate Contract. Buyer's purchase of the Property at Closing is contingent upon the Buyer securing a written and recordable waiver of any right to reenter the Property and the Property comprising Exhibit B by the State of Missouri under the terms of the MSP Real Estate Contract in a form acceptable to Buyer. Seller agrees to assist Buyer in Buyer’s such efforts. 7.1.10 The Parties recognize that the MSP Real Estate Contract requires that all buildings, fixtures and improvements installed or constructed on the Property shall be in a style consistent with the existing historic structures in the Real Estate and the State of Missouri, Office of Administration, Division of Facilities Management, Design and Construction ("FMDC") must pre-approve in writing all construction plans for the Real Estate for a period of fifteen (15) years after the effective date of the MSP Real Estate Contract. Buyer 's purchase of the Property at Closing is contingent upon the Buyer securing the written approval of FMDC of Buyer's construction plans for the Property prior to Closing. Buyer agrees to promptly provide Seller with a copy of its construction plans for presentation by the Seller to FMDC within fifteen (15) days of the signing of this Agreement. Seller agrees to assist Buyer in Buyer’s such efforts. 7.1.11 The Parties recognize that the MSP Real Estate Contract requires that the Seller and its successors or assigns shall maintain the existing MSP wall in substantially the same appearance as at the closing date of the MSP Real Estate Contract or restore the wall to its former historical appearance. The MSP Real Estate Contract further provides no portion of the wall shall be modified or demolished without approval of the director of FMDC; that if any portion of the wall is demolished, selective demolition will be used as not to damage the remaining portions of the wall; and any stone that ceases to remain part of the wall shall belong to the State of Missouri. Buyer's purchase of the Property at Closing is contingent upon the Seller securing the written approval of FMDC to allow the City's removal or reduction of the height of the wall that runs parallel to the Property along Chestnut Street to four (4) feet. Page 6 of 12 7.1.12 The Parties recognize that the MSP Real Estate Contract requires that the State of Missouri reserves a general easement over the Property for ingress and egress to and from the Gas Chamber building and the surrounding property which is retained by the State of Missouri. During the development and construction of the Real Estate, the State of Missouri may access the Gas Chamber by any route across the Real Estate that is most convenient to the Seller and before the completion of the development, State of Missouri and Seller shall agree on a permanent, fixed location for the easement. Buyer's purchase of the Property at Closing is contingent upon Buyer’s satisfaction with the impact of the aforementioned easement provisions in the MSP Real Estate Contract on its use and ability to access the Property. 7.1.13. Buyer and/or its successors or assigns shall grant the State of Missouri a license to continue using the existing paved parking lot located on the Property across from the Missouri State Health Laboratory for a nominal amount until construction on the Real Estate begins. Such parking use shall not be open to general public use, but shall be limited to the State of Missouri’s employees and vehicles. 7.1.14. Buyer shall review and approve any rights-of-way for a roadway and/or street retained by the Seller on the property depicted in yellow on Exhibit B. 7.2. Seller's Conditions. Seller's obligation to complete the sale of the Property is subject to satisfaction or written waiver of the following conditions at or prior to Closing: (a) all of the representations and warranties of Buyer contained herein are true and accurate, and shall be so on the date of Closing; (b) Buyer shall have performed all of the obligations to be performed by Buyer prior to Closing under the terms of this Agreement; and (e) the Buyer shall pay to Seller at the Closing the Purchase Price for the Property in the amount and form provided for herein. 8. Inspections and Surveys. Buyer may, prior to Closing, enter the Property at reasonable times for purposes of inspecting, surveying, and testing; provided, however, no entry by Buyer upon the Property shall cause any damage to the Property nor unreasonably interfere with the use of the Property by Seller. Buyer hereby agrees to indemnify, defend, and hold harmless Seller and its agents and the Property from and against any and all claims, costs, liens, actions, or judgments directly resulting from Buyer or any of its employees, agents or independent contractors’ entrance or activities on or about the Property prior to the Closing. 9. Representations and Warranties of Seller. Seller hereby represents that: (a) Seller is a municipal corporation properly authorized to own real property in the State of Missouri; (b) Seller is the owner of the Property and has the right, legal capacity, and power to enter into this Agreement, to convey the Property to Buyer pursuant to the terms and provisions hereof, and to perform its other obligations hereunder; (c) at Closing, the Property shall not be encumbered by a mortgage or deed of trust, and there shall be no leases or rental agreements affecting the Property; (d) there is no claim, suit, action, arbitration, legal or other proceeding or governmental investigation pending, or to Seller's knowledge, threatened which affects the Property or this transaction; (e) there are no mechanic's materialmen's or similar claims or liens presently claimed Page 7 of 12 or which will be claimed against the Property for work performed or commenced prior to the Closing at the request of Seller or of which Seller has knowledge; (f) Seller neither knows of, nor has been advised of, any legal or administrative proceedings, claims or alleged claims, violations or alleged violations, infractions or alleged infractions of any laws, rules or regulations relating to the condition of the Property; and (g) the Parties and persons executing this Agreement on behalf of Seller have been duly authorized to execute this Agreement. 10. Representations and Warranties of Buyer. Buyer hereby represents and warrants that: (a) it has, or, prior to Closing will have, inspected and become familiar with the Property, and has or will have made such independent inspections, investigations, and analyses as it deems necessary or appropriate concerning the Property, including, without limitation, the physical and environmental condition of the Property, and all surface, soil, subsoil, geologic, and ground water conditions, the square footage of the Property and any and all improvements thereon, the status of any and all leases affecting the Property, hazardous materials review, all relevant laws, statutes, rules, regulations, ordinances, limitations, restrictions, and requirements concerning the zoning, use, density, location, suitability, or any other aspect of the Property or any existing or proposed development thereof; (b) Buyer is purchasing the Property solely in reliance on Buyer's own investigation, and, except as specifically provided herein, no representations or warranties of any kind, express or implied, have been made by Seller or by Seller's agents or brokers; (c) any and all documents or materials heretofore or hereafter furnished by Seller to Buyer, if any, are furnished to Buyer for the sole purpose of assisting Buyer in the conduct of its own inspections, investigations, and analyses of the Property, and Seller does not make, has not made, and, by entering into this Agreement, is not making any representation or warranty as to the accuracy or completeness of the information contained therein, it being understood that such documents and materials, if any, are not intended to and do not constitute or contain any agreement, representation, or warranty of Seller with respect to the Property, and Buyer shall have no claim or right against any person or entity involved in preparing such documents or materials; (d) neither this Agreement nor anything provided to be done hereunder violates or shall violate any contract, document, understanding, agreement, or instrument to which Buyer is a party or by which Buyer may be bound; (e) the parties and persons executing this Agreement on behalf of Buyer have been duly authorized to execute this Agreement; (f) Buyer is properly organized under the laws of the State of Missouri and properly authorized to perform its obligations hereunder; (g) this transaction, and any and all improvements constructed by Buyer, shall not cause the imposition of, or create any obligation of Seller to comply with, any current building, fire, ADA or other codes related to Seller’s adjacent real estate and improvements, and (h) Seller shall incur no planning fees, engineering fees, development fees, permit costs or any other costs required for Buyer’s contemplated development. 11. Parking Improvements. Parties acknowledge that Buyer will have parking needs beyond what can be accommodated by Buyer on the Property. As such, Seller will make available to Buyer parking on City-owned land adjacent to the Property as depicted in yellow on Exhibit B at the lowest daily monthly rate applicable to City-owned parking lots in the downtown Jefferson City area until such time that a permanent parking solution for the convention center and hotel to be developed within the Missouri State Penitentiary redevelopment area has been constructed or for one hundred (100) years. Seller shall maintain a parking lot on Exhibit B in improved (i.e., Page 8 of 12 non-gravel) form beginning no later than the date the construction of the new building on the Property is complete and no sooner than June 1, 2024 and keep such parking lot in good repair while used by Buyer and its successors and assigns until a parking solution as described below is made available. Upon construction and opening of a parking solution acceptable to Buyer or its successors and assigns, Buyer shall utilize such parking solution for its off-site parking needs, which, if such parking solution is controlled by the City, shall be made available to Buyer at rates no greater than the generally applicable market rate for such parking. Should the parking solution be a parking garage in an area on the Real Estate acceptable to Buyer and controlled by Seller, Seller shall make not less than 100 spaces in the parking garage available to Buyer and Buyer shall lease such spaces at market rates at the time of opening the garage and thereafter for no less than fifty (50) years. Buyer agrees that it shall not unreasonably withhold acceptance. 11.1. Seller agrees to secure and provide Buyer with a legal description for the real estate in yellow on Exhibit B no later than Closing. 11.2. The Parties agree that Buyer shall secure written waiver of any right of the State to reenter the real estate depicted in yellow on Exhibit B in a form acceptable to Buyer. 11.3. Seller agrees that Buyer shall have an exclusive Option to purchase the real estate depicted in yellow on Exhibit B which the Parties agree can be executed by Buyer no sooner than January 1, 2026, upon the terms and conditions set forth herein: 11.3.A. Purchase Price. 11.3.A.1. If Buyer elects not to place any retail on the Property, the purchase price for the real estate shall be the lesser of the same per acre price charged by Seller to Buyer for the Property based on the acreage comprising the yellow portion of Exhibit B or the appraised value as determined by a Missouri licensed real estate appraiser selected jointly by the Parties familiar with commercial properties in Cole County, Missouri, and such purchase price shall be calculated to exclude any portion of the City's right-of-way on the real estate in yellow on Exhibit B. The appraisal must be dated within 90 days of the Option being exercised. If the Option is exercised, the cost of the appraisal shall be paid for by Buyer. 11.3.A.2. If Buyer elects to place no less than 10,000 square feet of retail on the Property, Seller agrees to sell the acreage comprising the yellow portion of Exhibit B at a price of Ten Dollars ($10.00) at the time Buyer exercises its Option. If Buyer elects to place less than 10,000 square feet of retail on the Property, Seller agrees to sell the acreage comprising the yellow portion of Exhibit B at a price of one hundred-percent (100%) of the applicable rate for Buyer under Section 11.3.A.1 at the time Buyer exercises its Option times the discount hereinafter. If Buyer elects to place less than 10,000 square feet of retail, the discount on the Exhibit B property shall decrease at a 100ft2 : 1% ratio (for example, 5,000 of retail space shall entitle Buyer to a 50% discount on the Exhibit B property price). Page 9 of 12 11.3.B. Option Period. The Option period given herein shall begin at Closing and shall continue and be irrevocable under December 31, 2113. 11.3.B.1. Notwithstanding 11.3.B above, the Option shall expire if the City, prior to January 1, 2026, initiates construction of a parking garage described in Paragraph 11 above and acceptable to Buyer. Buyer agrees that it shall not unreasonably withhold acceptance. 11.3.C. Exercise of the Option. If Buyer desires to exercise such Option, Buyer shall deliver to Seller, whichever the case may be, a Contract for the Sale of Real Estate signed by Buyer in the form, or substantially in the form, of this Agreement on or before the expiration date of the Option period. 11.3.D. Option is Exclusive. Seller covenants and agrees that the Option given herein shall be exclusive and that Seller shall not enter into a contract for the sale of the real estate or option to purchase the real estate with any other party during the Option Period, unless Buyer shall have released in writing their rights under this Option or the Option shall have expired. 11.3.E. Recording. Buyer may record a Notice of Option with the Recorder of Deeds Office, Cole County, Missouri, in the form attached hereto as Exhibit C. 11.3.F. In conveying the real estate comprising Exhibit B upon Buyer exercising its Option described herein, the City may reserve a drive aisle no more than fifty (50) feet wide to provide access from Chestnut Street to the City’s real estate west of the Property. 12. Condemnation. If any condemnation proceeding shall be threatened or instituted with respect to the Property prior to the Closing, Buyer shall have the option either (i) to terminate this Agreement, in which event neither party shall have any further obligation to the other, or (ii) to close, in which event all rights in the condemnation proceeding, including condemnation proceeds paid prior to the Closing Date, shall be assigned or paid to Buyer on the Closing Date. 13. Miscellaneous Provisions. 13.1. TIME IS OF THE ESSENCE FOR THIS AGREEMENT AND EACH AND EVERY PART HEREOF. 13.2. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be in writing, and shall be served personally or shall be delivered to the party to whom notice is to be given, by reputable overnight mail carrier or by first class, certified mail, return receipt requested, postage prepaid, and properly addressed to the Buyer and Seller, as follows: Page 10 of 12 If to the Buyer: Joseph E. Pierle Chief Executive Officer Missouri Primary Care Association 3325 Emerald Lane, Suite B Jefferson City, MO 65109 jpierle@mo-pca.org With a copy to: Cathleen A. Martin Newman, Comley & Ruth P.C. P.O. Box 537 Jefferson City, MO 65102 martinc@ncrpc.com Brent McGinty Chief Executive Officer and President Missouri Behavioral Health Council 221 Metro Drive Jefferson City, MO 65109 bmcginty@mobhc.org With a copy to: John Landwehr Cook Vetter Doerhoff & Landwehr P.C. 231 Madison Street Jefferson City, MO 65101 jlandwehr@cvdl.net If to the Seller: City of Jefferson c/o Office of the City Attorney 320 East McCarty Street Jefferson City, Missouri 65101 13.3. In the event of any action at law or in equity between the parties hereto to enforce any of the provisions hereof, the unsuccessful party or parties to such litigation shall pay to the successful party or parties all costs and expenses, including actual attorney fees, incurred therein by such successful party or parties; and if such successful party or parties shall recover judgment in any such action or proceeding, such costs, expenses, and attorney fees may be included in and as part of such judgment. The successful party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 13.4. This Agreement shall be construed in accordance with the laws of the State of Missouri. Any action brought at law or in equity relating to or in connection with this Agreement must be maintained in Cole County, Missouri. 13.5. This Agreement constitutes the full and complete agreement and understanding between the parties hereto and shall supersede all prior written and oral agreements concerning the subject Page 11 of 12 matter contained herein. This Agreement may be modified or amended only by a written instrument executed by all the parties hereto. 13.6. This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, legal representatives, successors, and assigns. This Agreement is not assignable by either party without the prior written approval of the other party in its sole discretion except as otherwise provided herein. All provisions related to performance by either party shall survive the Closing. The provisions of this Agreement and of the documents to be executed and delivered at Closing are and will be for the benefit of Seller and Buyer and Buyer's assignees or successors only and are not for the benefit of any third party. No third party shall have the right to enforce the provisions of this Agreement or of the documents to be executed at Closing except Buyer's assignees or successors. 13.7. All exhibits attached hereto and referred to herein are incorporated herein as though fully set forth at length. 13.8. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine, and (ii) the singular number includes the plural. 13.9. The Parties each have had the opportunity to review and negotiate the terms of this Agreement, and all rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement. 13.10. Each party to this Agreement warrants to the other that no person or entity can properly claim a right to a real estate commission, real estate finder's fee, real estate acquisition fee, or other real estate brokerage-type compensation (collectively, “Real Estate Compensation”) based upon the acts of that party with respect to the transaction contemplated by this Agreement. Each party hereby agrees to indemnify and defend the other against and to hold the other harmless from all loss, cost, liability, or expense (including, but not limited to, attorney fees and returned commissions) resulting from all claim for Real Estate Compensation by any person or entity based upon such acts. 13.11. This Agreement may be executed in all number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. 13.12. A modification of any provision herein contained, or any other amendment to this Agreement, shall be effective only if the modification or amendment is in writing and signed by both Seller and Buyer. No waiver by any party hereto of any breach or default shall be a waiver of any other breach or default. The waiver of any condition shall not constitute a waiver of any breach or default with respect to any other condition, representation, or warranty. 13.13. Whenever possible, each provision of this Agreement and any related document shall be interpreted in such a manner as to be valid under Missouri law. If any of the foregoing provisions or provisions of a related document are deemed to be invalid or prohibited under applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition, without Page 12 of 12 invalidating the remainder of such provision or the remaining provisions of this Agreement the related document. 13.14. The covenants to be performed by either party hereto after Closing and the representations and warranties of Seller contained in Section 11 shall survive the execution and delivery of the deed from Seller to Buyer, shall survive Closing, and shall not merge into the deed. The Parties agree that the provisions of Section 11 shall be enforceable for the term set forth in such Section. 13.15. Buyer and Seller agree to execute such further documents and take such further actions as may reasonably be required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date last signed by a party as indicated below: CITY OF JEFFERSON, Seller __________________________________ Mayor Carrie Tergin Dated: _____________________ ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney BUYER MISSOURI COALITION FOR PRIMARY HEALTH CARE DBA MISSOURI PRIMARY CARE ASSOCIATION By: ___________________________ Joseph E. Pierle Chief Executive Officer Dated: _____________________ MISSOURI COALITION OF COMMUNITY MENTAL HEALTH CENTERS DBA MISSOURI BEHAVIORAL HEALTH COUNCIL By: ___________________________ Brent McGinty Chief Executive Officer and President Dated: _____________________ (;+,%,7$ (;+,%,7% 1 2 EXHIBIT C NOTICE OF OPTION TO PURCHASE Take notice of an Exclusive Option to Purchase Real Estate dated __________________, 2023 ("the Agreement") by and between City of Jefferson, Missouri, a municipal corporation ("Grantor"), and Missouri Coalition for Primary Health Care dba Missouri Primary Care Association and Missouri Coalition of Community Mental Health Centers dba Missouri Behavioral Health Council (jointly "Grantees"), which said Agreement gives to Grantees the option to purchase the property described as follows: [INSERT LEGAL DESCRIPTION] on the terms contained in said Agreement. Any third party purchaser of the property described herein is put on notice of Grantees' rights. GRANTOR: GRANTEES: CITY OF JEFFERSON ___________________________________ Signature Printed Name: ______________________ Title: ______________________________ MISSOURI COALITION FOR PRIMARY HEALTH CARE DBA MISSOURI PRIMARY CARE ASSOCIATION By: ___________________________ Joseph E. Pierle Chief Executive Officer Dated: _____________________ 2 Dated: _____________________ ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney MISSOURI COALITION OF COMMUNITY MENTAL HEALTH CENTERS DBA MISSOURI BEHAVIORAL HEALTH COUNCIL By: ___________________________ Brent McGinty Chief Executive Officer and President Dated: _____________________ STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) On this _____ day of _______________, 2023, before me appeared _________________, to me personally known, who, being by me duly sworn, did say that ___ is the Mayor of the City of Jefferson, and that said instrument was signed on behalf of said City of Jefferson, and said City of Jefferson acknowledged said instrument to be the free act and deed of said City of Jefferson. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. _______________________________ Notary Public My Commission expires: ___________________ 3 STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) On this ____ day of _______________, 2023, before me appeared Joseph E. Pierle, to me personally known, who, being by me duly sworn, did say that he is the Chief Executive Director of Missouri Coalition for Primary Health Care dba Missouri Primary Care Association and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed on behalf of said corporation by authority of its board of directors, and acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. _______________________________ Notary Public My Commission expires: _____________________________ 4 STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) On this ____ day of _______________, 2023, before me appeared Brent McGinty, to me personally known, who, being by me duly sworn, did say that he is the Chief Executive Director and President of Missouri Coalition of Community Mental Health Centers dba Missouri Behavioral Health Council and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed on behalf of said corporation by authority of its board of directors, and acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. _______________________________ Notary Public My Commission expires: ____________________________