HomeMy Public PortalAboutORD16372BILL NO. 2023-036
SPONSORED BY Councilmember Spencer
ORDINANCE NO. it, 37Z.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
TRANSIT DIVISION MANAGER TO APPLY FOR FEDERAL FINANCIAL ASSISTANCE
ON BEHALF OF THE CITY OF JEFFERSON AND TO EXECUTE ANY CONTRACT(S)
RESULTING FROM SUCH APPLICATION FOR ANY GRANTS BETWEEN CITY OF
JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
PROVIDING FOR CAPITAL, OPERATING, AND/OR MARKETING ASSISTANCE,
COMPRISED OF FEDERAL FUNDS TO BE EXPENDED FOR COMMISSION -
APPROVED TRANSIT PROJECTS.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Transit Division Manager is hereby authorized apply for federal
financial assistance on behalf of the City of Jefferson and to execute any contract(s)
resulting from such application for any grants between the City of Jefferson and the
Missouri Highways and Transportation Commission providing for capital, operating, and/or
marketing assistance, comprised of federal funds to be expended for Commission -
approved transit projects.
Section 2. That all ordinances or parts of ordinances therefore enacted which are in
conflict herewith are hereby repealed.
Section 3. This Ordinance shall be in effect immediately upon passage.
Passed:
Presiding
ATTEST:
Approved: 41,0 9a, 9-69-3
V
L._
Mayo Ron-Fi(wat- r
APPROVED AS TO FORM:
1
CCO Form: MO79
Approved: 06/96 (RMH)
Revised: 03/23 (MWH)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
PUBLIC TRANSIT OPERATING
ASSISTANCE GRANT AGREEMENT
THIS AGREEMENT is entered into between the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and City of Jefferson
(hereinafter, "Grantee").
WITNESSETH:
WHEREAS, the purpose of this Agreement is to provide financial assistance to
the Grantee as appropriated from the State Fund and to set forth the conditions upon
which the assistance will be provided;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, the parties agree as follows:
(1) SCOPE OF WORK: The Grantee shall provide general public
transportation in accordance with the "Missouri State Transit Assistance Application”
which is attached and made a part of this Agreement as Attachment A.
(2) AMOUNT OF GRANT: The Commission awards the Grantee the sum of
sixty-eight thousand four hundred seventy-eight dollars and twenty-seven cents
($68,478.27) during the period from July 1, 2023, to June 30, 2024.
(3) PERFORMANCE OF AGREEMENT: The Grantee shall immediately
notify the Commission in writing of any condition or event which may significantly affect
its ability to perform the required activities in accordance with the provisions of this
Agreement.
(4) RETENTION AND AUDIT OF RECORDS:
(A) The Grantee shall maintain all records relating to this Agreement,
including but not limited to invoices, payrolls, etc. These records must be available at
all reasonable times at no charge to the Commission and/or its representatives during
the period of this Agreement and any extension thereof, and for three (3) years after the
date of final payment made under this Agreement.
(B) The Grantee shall submit to the Commission such data, reports,
documents, and other information relating to the Grantee's activities as the Commission
may require at any time.
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(C) At any time during or after the grant period provided in this
Agreement, the Commission may inspect, copy and audit all records possessed by or
available to the Grantee, which may be pertinent to this Agreement. If the Commission
notifies the Grantee of its specific intention to inspect, copy or audit any of these
records, then the Grantee shall retain all of the records pertinent to this Agreement until
the Commission notifies the Grantee that it has completed its inspection, copying or
audit.
(5) THIRD PARTY CONTRACTS:
(A) Prior to execution by either party, the Grantee shall submit to the
Commission for review, comment and approval all contracts for services included in the
Public Transportation Budget and Service Statement to be provided to the Grantee by a
third party.
(B) The Commission shall not be liable to contractors or subcontractors
of the Grantee or any other person not a party to this Agreement in connection with the
performance of the project.
(6) PAYMENTS:
(A) Limitations on Commission Contribution: Funds made available to
the Commission and the Grantee are subject to appropriations made by the General
Assembly. In the event state funds available to the Commission are reduced so that the
Commission is incapable of completely satisfying its obligations to all the Grantees for
the current state fiscal year, the Commission may recompute and reduce this grant.
When added to federal operating assistance funds available and applied to the same
operating period, the maximum Commission payment on any monthly or quarterly
request shall not cause the total of state and federal operating assistance to exceed the
amount of operating assistance for which the Grantee would have qualified in federal
funds had additional federal funds been available.
(B) Progress Payments: Progress payments, based upon actual
allowable costs, for not less than one (1) month and for no more than three (3) months
may be made upon receipt of an itemized invoice from the Grantee in an appropriate
format approved by the Commission. The itemized invoice shall be reviewed by the
Commission prior to payment and must include a certification that costs have been
incurred in the performance of the Agreement and a record of the actual costs. Any
costs deemed ineligible for reimbursement by the Commission in accordance with the
terms of this Agreement shall be deducted from the itemized invoice before payment is
made. Any rejected or unaccepted costs shall be borne by the Grantee.
(C) Availability of Funds: The Commission’s duty to pay the Grantee as
provided in this Agreement is subject to the availability of funds appropriated by the
Missouri General Assembly to and from the State Transportation Fund and any
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subsequent directives mandated by the Governor regarding the withholding of
appropriations.
(7) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement, or its performance of any work required by this Agreement,
without the prior written consent of the Commission.
(8) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Grantee shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Grantee's
wrongful or negligent performance of its obligations under this Agreement.
(B) The Grantee will require any contractor procured by the Grantee to
work under this Agreement:
(1) To obtain a no cost permit from the Commission’s district
engineer prior to working on the Commission’s right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission’s district engineer
will not be required for work outside of the Commission’s right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party’s rights or defenses with regard to
each party’s applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(9) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written
notice to the Grantee, the Commission may suspend or terminate all or part of the
financial assistance provided for in this Agreement when the Grantee is, or has been, in
violation of any of the terms of this Agreement.
(10) COMMISSION'S REPRESENTATIVE: The Commission's chief engineer
is designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
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furtherance of the performance of this Agreement.
(11) NONDISCRIMINATION CLAUSE: The Grantee shall comply with all state
and federal statutes applicable to the Grantee relating to nondiscrimination, includ ing,
but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of
1964, as amended (42 U.S.C. §2000d and §2000e, et seq.); and with every applicable
provision of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.).
(12) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Grantee shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(13) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or respecting its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(14) NONSOLICITATION: The Grantee warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Commission shall have the right to annul this Agreement without liability,
or in its discretion, to deduct from the Agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or
contingent fee.
(15) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment or
supplemental agreement signed and approved by the duly authorized representatives of
the Grantee and the Commission.
(16) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(17) LACK OF WAIVER: In no event shall payment of grant funds to the
Grantee by the Commission constitute or be construed as a waiver by the Commission
of any breach of covenants, or any default which may exist on the part of the Grantee,
and the making of any such payment by the Commission while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the
Commission with respect to such breach or default.
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(18)NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows:
(A) To the Grantee:
City of Jefferson
320 E. High St.
Jefferson City, MO 65101
Facsimile No.:573-636-3632
(B) To the Commission:
Missouri Department of Transportation
105 W. Capitol Ave
Jefferson City, Mo 65102
Facsimile No.:573-751-6555
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of fac simile
transmission of that document.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date
written below.
Executed by the Grantee this ____________________________________(date).
Executed by the Commission this _________________________________(date).
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
By ___________________________ By ____________________________
Title __________________________ Title __________________________
Attest: Attest:
By ___________________________ By ____________________________
Secretary to the Commission
Title __________________________
Approved as to Form: Approved as to Form:
______________________________ ______________________________
Commission Counsel Counsel
Ordinance No. __________________
(if applicable)
DocuSign Envelope ID: 59C9BCEA-F812-42E2-B1EB-E1AC4BC77CB8
2023-09-27 | 7:57 AM CDT
Transit Manager
City Clerk
Assistant Chief Engineer
2023-10-02 | 10:59 AM CDT
Appendix A
AGREEMENT AMOUNT
Project: FY 2024 State Transit Assistance
Agency: City of Jefferson
County: Cole
Grant Amount: $68,478.27
DocuSign Envelope ID: 59C9BCEA-F812-42E2-B1EB-E1AC4BC77CB8
DocuSign Envelope ID: 59C9BCEA-F812-42E2-B1EB-E1AC4BC77CB8
DocuSign Envelope ID: 59C9BCEA-F812-42E2-B1EB-E1AC4BC77CB8
BILL NO. 2023-036
SPONSORED BY Councilmember Spencer
ORDINANCE NO. it, 37Z.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
TRANSIT DIVISION MANAGER TO APPLY FOR FEDERAL FINANCIAL ASSISTANCE
ON BEHALF OF THE CITY OF JEFFERSON AND TO EXECUTE ANY CONTRACT(S)
RESULTING FROM SUCH APPLICATION FOR ANY GRANTS BETWEEN CITY OF
JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
PROVIDING FOR CAPITAL, OPERATING, AND/OR MARKETING ASSISTANCE,
COMPRISED OF FEDERAL FUNDS TO BE EXPENDED FOR COMMISSION -
APPROVED TRANSIT PROJECTS.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Transit Division Manager is hereby authorized apply for federal
financial assistance on behalf of the City of Jefferson and to execute any contract(s)
resulting from such application for any grants between the City of Jefferson and the
Missouri Highways and Transportation Commission providing for capital, operating, and/or
marketing assistance, comprised of federal funds to be expended for Commission -
approved transit projects.
Section 2. That all ordinances or parts of ordinances therefore enacted which are in
conflict herewith are hereby repealed.
Section 3. This Ordinance shall be in effect immediately upon passage.
Passed:
Presiding
ATTEST:
Approved: 41,0 9a, 9-69-3
V
L._
Mayo Ron-Fi(wat- r
APPROVED AS TO FORM:
DocuSign Envelope ID: 59C9BCEA-F812-42E2-B1EB-E1AC4BC77CB8