HomeMy Public PortalAboutORD16382BILL NO. 2023-054
SPONSORED BY Councilmember Spencer
ORDINANCE NO.
Av3g,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MODOT
FOR PUBLIC TRANSIT OPERATING ASSISTANCE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1.The Mayor and City Clerk are hereby authorized and directed
to execute an operating funds grant agreement with MoDOT.
Section 2. The agreement shall be substantially the same in form and content
as the agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: OY. lY,, 2042-5
Presi. ing Offic
ATTEST:
Approved: 11 /O 7/20 Z 3
Mayor Ron Fitzwafer
APPROVED AS TO FORM:
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:
Missouri Department of Transportation
The amount of the grant:
$128,800.00
The purpose of the grant:
This is to purchase one Lowered Floor Minivan-Rear entry
(ADA compliant) & one High Roof Conversion Van (ADA
compliant)
Any matching requirements or future
obligations tied to acceptance of the grant:
GL Acct where matching funds will come
from (will be used for budget adjustment upon
grant acceptance to make budget authority in
expense acct shown below whole)
This is 80/20 split.
Federal Match is $128,800.00 (MO 2017-017 $32,291.00, MO
2019-030.00 $64,868.00 & DR $31,641.00)
Local Match – Transit CIP funds $32,200.00
CFDA#:
20.513
Grant Award # (if any):
City Department Responsible:
Public Works
Employee assigned as Grant Administrator:
Gerald Stegeman
Revenue account # to be amended:
63-100-430010 Federal Grants $128,800.00
Expense account # to be amended:
63-630-572010 Purchase of Equipment $128,800.00
Reviewed by Finance:
Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any
documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend
the budget to reflect equivalent expenses so as to accomplish the purpose of such funds.
For Finance Department Use only:
Approved on the Consent Agenda this _______ day of _______, 20_____
Revised 8/2/16 by Ordinance 15545
CCO Form: MO85
Approved: 12/08 (AMB) Project No. MO 2019-030
Revised: 08/23 (MWH) or other available funding.
Modified: 09/23 (MWH)
CFDA Number: CFDA #20.513
CFDA Title: Enhanced Mobility of Seniors and Individuals with Disabilities –
Mobility Management, Purchase of Service, Fixed Route Service
Access Projects and/or Alternative in Transit that Enhance Mobility
Federal Agency: Federal Transit Administration, Department of Transportation
FIRST AMENDMENT TO THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES CAPITAL AND OPERATING ASSISTANCE GRANT AGREEMENT
THIS FIRST AMENDMENT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson (hereinafter,
"Grantee"), pursuant to the terms of a Transit Capital and Operating Assistance Grant
Agreement (hereinafter, “Original Agreement”) between the parties executed by the Grantee
on June 6, 2022, and by the Commission on June 7, 2022.
WITNESSETH:
WHEREAS, the Original Agreement provided financial assistance to the Grantee for
providing transportation services in the form of a grant of funds made available to the
Commission under Title 49 United States Code (USC) 5310 (Section 5310), to defray a portion
of the costs to enhance seniors and individuals with disabilities transportation projects carried
out by the Grantee; and
WHEREAS, the Commission awarded funds to the Grantee with the understanding that
such funds will be used for projects pursuant to the Original Agreement for the purposes
specified in the Grantee's application for Section 5310 assistance including Appendix A and B,
which are amended herein; and
WHEREAS, in this First Amendment to the Original Agreement, the Commission and
the Grantee now desire to revise the Original Agreement; and
NOW, THEREFORE, it is agreed that the Original Agreement shall be amended as
follows:
(1)REVISION-APPENDIX A: within the Original Agreement is removed and replaced
with Appendix A attached to this First Amendment Agreement and incorporated herein.
(2)REVISION-APPENDIX B: within the Original Agreement is removed and replaced
with Appendix B attached to this First Amendment Agreement and incorporated herein.
(3)ADDITION-APPENDIX D: Appendix D is added, attached to this First
Amendment Agreement and incorporated herein.
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(4) REVISION: Paragraph (1) PURPOSE AND SOURCE OF FUNDS of the Original
Agreement is removed and replaced with the following:
(1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is
to assist the Grantee in financing the project's expenses that are eligible for federal financial
assistance:
(A) Net Operating Cost: N/A
(B) Capital Cost: The Commission will make a grant from available
federal funds in the amount not to exceed eighty percent (80%) of capital cost in a manner
consistent with the administrative rules of the United States Department of Transportation
(USDOT) as contained in the Federal Transit Administration (FTA) Circular 9040.1G dated
November 24, 2014, and any other regulations pursuant to the Federal Transit Act, as
amended. However, in no event shall the total amount reimbursed by the Commission for net
capital cost exceed the maximum federal share of one hundred twenty-eight thousand eight
hundred dollars ($128,800.00).
(5) REVISION: Paragraph (17) REIMBURSEMENT of the Original Agreement is
removed and replaced with the following:
(17) REIMBURSEMENT:
(A) Net Operating Cost: N/A
(B) Capital Cost: N/A
(6) ADDITION: Paragraph (46) FEDERAL CLAUSES shall be added, and state as
follows:
(46) FEDERAL CLAUSES: The Grantee and its subcontractors shall comply
with the FTA’s third party contracting clauses as specified in Appendix D of this agreement.
(7) ORIGINAL AGREEMENT: Except as otherwise modified, supplemented, or
amended by this First Amendment Agreement, the Original Agreement between the parties
shall remain in full force and effect and shall extend and apply to this First Amendment
Agreement as if fully written within this First Amendment Agreement.
[The Remainder of this Page is 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)
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Mayor
2023-11-13 | 3:13 PM CST
City Clerk
Assistant Chief Engineer
2023-11-15 | 8:16 AM CST
Appendix A
Project: Section 5310 – Small Urban
Agency: City of Jefferson
UEI: VDNHEABWLHK6
Grant(s): MO 2019-030 or other available funding.
FTA Grant Award Date: Sept. 24, 2019
Project(s): Rolling Stock
1 - Lowered Floor Minivans - Rear Entry
1 - High Roof Conversion Van
Total Project Cost: $161,000.00 (80/20)
Federal Share: $128,800.00
(MO 2017-017 $32,291.00)
(MO 2019-030 $64,868.00
(DR $31,641.00
Local Share: $32,200.00
No: R&D
No: Indirect Cost
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Application Appendix A
Federal Transit Administration 49 U.S.C Section 5310
Enhanced Mobity of Seniors and Individuals with Disabilities
Legal Name of Organization City of Jefferson, Missouri
(As shown on the incorporation or charter documents)
List all other DBA names Jefffran
Project !Vehicle Award -Capital
Wide Body Cutaway II -no options
I Street Address 1320 E. McCarty St
I Mailing Address 1320 E. McCarty St
City efferson City State MO Zip
Congressional District 4 RPC/MPO Plan: CAMPO 2024-2028 -
�ransportationmprovement Program
Executive Director Ge1Ty Stegeman
Grant Contact Person Gerry Stegeman
Email gstegeman@jeffersoncitymo.gov
Federal Employer Identification Number (FEIN)
Unique Entity Identification# (UEI) -sam.gov
Zip Code+ 4
65101 -3169 County Cole
Plan Expiration Adopted May 17, 2023
Phone 573-634-6598
Phone 573-634-6598
Fax 573-636-3632
44-6000193
IVDNHEABWLHK6
Nonprofit Corporation Number (issued by the MO Secretary of State) NIA
Docs applicant agency have a Title VI / Non-Discrimination Plan? Date: Yes
If yes, Title VI/Nondiscrimination Plan approval date (mm/dd/yy): � 03/20/2023
Our governing body (board of director, city council, etc.) is made up D Yes QNo predominantly of minority and/or low-income individuals.
Potential riders/clients of our transportation service will be X Yes No predominantly minority and/or low-income individuals.
/!J ,. I -'J-02J
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FEDERAL FISCAL YEAR 2023 CERTIFICATIONS AND ASSURANCES
FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
Name of Applicant:
The Applicant agrees to have with the applicable provisions of Categories 01-21
located in the following link:
https://www.transit.dot.gov/funding/grants/grantee-resources/certifications-and-assurances/fy2023-
annual-list-certifications-O
5310
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FTA FISCAL YEAR 2023 CERTIFICATIONS AND ASSURANCES
FEDERAL FISCAL YEAR 2023 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for federal assistance to be awarded by FTA in FY 2023)
AFFIRMATION OF APPLICANT
Name of the Applicant:
Name and Relationship of the Authorized Representative: {x (c[l.f1,'f <;f -f;J (,,II, q � Executive Director
BY SIGNING BELOW on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements,
follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing
page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FT A) in federal fiscal year 2018, irrespective of whether the individual that acted on his or her Applicant's behalf continues to
represent it.
FTA intends that the Ce11ifications and Assurances the Applicant selects on the other side of this document should apply
to each Award for which it now seeks or may later seek federal assistance to be awarded by FT A during federal fiscal
year 2018.
The Applicant affirms the truthfulness and accuracy of the Ce1tifications and Assurances it has selected in the statements
submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil
Remedies Act of 1986, 31 U.S.C. § 380 I et seq., and implementing U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions
of 18 U.S.C. § I 00 I apply to any ce1tification, assurance, or submission made in connection with a federal public
transportation program authorized by 49 U.S.C. chapter 53 or any other statute.
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any
other statements made by me on behalf of the Applicant are true and accurate.
s;gnarnre,� f/� Date, IL-tlL -2&2]}
Name: �(t �s, e,/'7u,1,--
Authorized Representative of Applicant
Attest:
Signature Printed Name
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MoDOT Transit Equipment / Vehicle Dispositions Guidelines
Due to the Bipartisan Infrastructure Law, effective November 15, 2021 the disposition requirements for rolling
stock, equipment and aggregate supplies that have met their minimum useful life and were (1) purchased with
federal assistance (2) with a fair market value or the net proceeds of more than $5,000, the recipient may retain a
portion of the funds, plus the percentage of its local share in the original award. Any remaining amount must be
returned to the Federal Transit Administration (FTA). (See Division of Proceeds below).
Minimum Useful Life
Vehicles will be eligible to be considered for replacement or disposal when the minimum useful life has
been met. If a vehicle is requested to be disposed before the end of useful life, MoDOT staff will review
on a case by case basis.
Equipment (Rolling Stock) Minimum Requirements for Dispositions/Replacements
Vehicles will be eligible to be considered for replacement or disposal when the following minimum
useful life has been met:
Rolling Stock/Vehicles Use and Dispositions (all programs) Useful Life
Vans - straight, modified, sedans, lowered floor and other vehicles-
minivans 4 years or 100,000 miles
25' - 35' Light duty transit buses, cutaways (bodies on chassis) 5 years or 150,000 miles
30' Medium duty transit bus 7 years or 200,000 miles
30' Heavy duty transit bus 10 years or 350,000 miles
35' - 40' Heavy duty bus and transit buses 12 years or 500,000 miles
Ferry Boats 25 years
Recipients are required to submit a written request for disposal of a vehicle(s) or equipment they wish to
dispose. The recipient must receive written authorization from MoDOT before disposing of federally
funded equipment, including vehicles. The recipient has 90 days to process and close the disposition
request from the date of the approved authorization.
Disposition Procedures:
A recipient may dispose of a vehicle in either of two ways:
1. A vehicle may be sold outright to a third party through a variety of approved processes. These include
advertised sealed bids, auto auction or the average of three competitive appraisals.
2. A recipient may choose to purchase the federal interest in a vehicle(s), the buyback option. In this case, the
implicit price will be the average fair market value (FMV) of the vehicle as specified in the most recent
National Automobile Dealers Association (NADA) Official Used Car Guide or the Bus Blue Book Guide,
approved by MoDOT.
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MoDOT Transit Equipment / Vehicle Dispositions Guidelines
Divisions of proceeds are as follows:
1. If a vehicle is sold outright to a third party (advertised bids, auto auction, etc.), the recipient may retain up
to $5,000, plus the local share (normally 20%) exceeding the net proceeds. The balance must be paid to
MoDOT – Transit within 30 days after the sale of the vehicle.
2. If a recipient chooses the buyback option, the recipient may retain up to $5,000, plus the local share
(normally 20%) exceeding the average FMV as describe in #2 above to MoDOT within 30 days.
3. Insurance proceed exceeding $5,000 must be submitted to MoDOT. These funds will either be allocated to
the subrecipient or designated program.
Recipient must submit documentation for all sales to determine the federal interest due to MoDOT and to
close the file. Forms will be provided for documentation.
Expected Life Cycle
When a vehicle reaches the Transit Asset Management (TAM) useful life bencmark, MoDOT Transit
may determine the FMV. If the FMV is $5,000 or less, the title and lien release may be mailed to the
recipient. The recipient may dispose of the vehicle and keep the sale proceeds or continue to use the
vehicle within the program until no longer needed. Once the federally funded vehicle has been removed
from the active inventory, the vehicle is no longer considered a federally funded vehicle through MoDOT
and will no-longer be considered as a replacement vehicle through a grant application.
Dispositions (all programs)
TAM Plan-Benchmark
Useful Life
Vans - straight, modified, sedans, lowered floor and other vehicles-
minivans 8 years
25' - 35' Light duty transit buses, cutaways (bodies on chassis) 10 years
30' Medium duty transit bus 14 years
30' Heavy duty transit bus 20 years
35' - 40' Heavy duty bus and transit buses 25 years
Ferry Boats 42 years
Equipment (non vehicle)
Useful service life for equipment (non-vehicle) is five years on non-related computer equipment and
three years on computer related equipment. Service life begins when equipment is received. Recipients
are required to submit a written request to remove the federal interest once the useful life has been met on
(non-vehicle) equipment.
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APPENDIX D
INCORPORATION OF FTA TERMS
The following provisions include, in part, certain Standard Terms and Conditions required
by FTA, whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by FTA, as set forth in the FTA Master Agreement, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all
FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The subrecipient shall not perform any act, fail
to perform any act, or refuse to comply with any of MoDOT’s. requests which would cause
MoDOT to be in violation of the FTA terms and conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
MoDOT and subrecipient acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying
Contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this Contract and shall not be subject to any obligations or
liabilities to MoDOT, subrecipient, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying Contract.
The subrecipient agrees to include the above clause in each contract financed in whole
or in part with Federal assistance provided by the FTA. It is further agreed that the clause
shall not be modified, except to identify the contractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND
RELATED ACTS
The subrecipient acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program
Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the subrecipient certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which
the work is being performed. In addition to other penalties that may be applicable, the
subrecipient further acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 to the extent the Federal Government deems appropriate.
The subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the subrecipient provides
a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or
representation in connection with a federal public transportation program under 49 U.S.C.
chapter 53 or any other applicable federal law.
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NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL
If a current or prospective legal matter that may affect the Federal Government emerges,
the subrecipient must promptly notify MoDOT.
The subrecipient must also promptly notify MoDOT, if it has knowledge of potential fraud,
waste, or abuse occurring on a Project receiving assistance from MoDOT. The notification
provision applies if a person has or may have submitted a false claim under the False
Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil
violation of law pertaining to such matters as fraud, conflict of interest, bid rigging,
misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving
federal assistance. The types of legal matters that require notification include, but are not
limited to, a major dispute, breach, default, litigation, or naming the Federal Government
as a party to litigation or a legal disagreement in any forum for any reason.
This responsibility occurs whether the Project is subject to this Agreement or another
agreement funded by the federal government, or an agreement involving a principal,
officer, employee, agent, or subcontractor of the Contractor.
Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a
criminal or civil investigation by a Federal, state, or local law enforcement or other
investigative agency, a criminal indictment or civil complaint, or probable cause that could
support a criminal indictment, or any other credible information in the possession of the
subrecipient. In this paragraph, “promptly” means to refer information without delay and
without change.
The subrecipient must include an equivalent provision in its subcontracts at every tier, for
any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and
1200.220.
ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this Contract:
Record Retention. The subrecipient will retain and will require its contractors at all tiers to
retain, complete and readily accessible records related in whole or in part to this contract,
including, but not limited to, data, documents, reports, statistics, sub-agreements, leases,
subcontracts, arrangements, other third-party agreements of any type, and supporting
materials related to those records.
Retention Period. The subrecipient agrees to comply with the record retention
requirements in accordance with 2 C.F.R section 200.333. Subrecipient shall maintain all
books, records, accounts, and reports required under this contract for a period of not less
than 3 years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which
case, records shall be maintained until the disposition of all such litigation, appeals,
claims, or exceptions related thereto. The expiration or termination of this contract does
not alter the record retention or access requirements of this Section.
Access to Records. The subrecipient agrees to provide sufficient access to FTA, MoDOT,
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and its contractors to inspect and audit records and information related to performance of
this contract as reasonably may be required.
Access to the Sites of Performance. Subrecipient agrees to permit FTA, MoDOT, and its
contractors’ access to the sites of performance under this contract as reasonably may be
required.
Closeout. The expiration or termination of this contract does not alter the record retention
or access requirements of this federal clause.
FEDERAL CHANGES
Subrecipient shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference
in the FTA Master Agreement, as they may be amended or promulgated from time to time
during the term of this contract. Subrecipient's failure to so comply shall constitute a
material breach of this contract.
CIVIL RIGHTS REQUIREMENTS
Under this Contract, the subrecipient shall at all times comply with the following
requirements and shall include these requirements in each contract entered into as part
hereof.
1. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332,
covering projects, programs, and activities financed under 49 U.S.C. Chapter 53,
prohibits discrimination on the basis of race, color, religion, national origin, sex
(including sexual orientation and gender identity), disability, or age, and prohibits
discrimination in employment or business opportunity.
2. Prohibit discrimination against employment. Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal
Employment Opportunity,” September 24, 1965, as amended, prohibit
discrimination in employment on the basis of race, color, religion, sex, or national
origin.
3. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of
1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance,” and 49 C.F.R. part 25 prohibit
discrimination on the basis of sex.
4. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as
amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human
Services implementing regulations, “Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90,
prohibit discrimination by participants in federally assisted programs against
individuals on the basis of age. The Age Discrimination in Employment Act
(ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission
(EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29
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C.F.R. part 1625, also prohibit employment discrimination against individuals age
40 and over on the basis of age.
5. Federal Protections for Individuals with Disabilities. The Americans with
Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits
discrimination against qualified individuals with disabilities in programs, activities,
and services, and imposes specific requirements on public and private entities.
Third party contractors must comply with their responsibilities under Titles I, II, III,
IV, and V of the ADA in employment, public services, public accommodations,
telecommunications, and other provisions, many of which are subject to
regulations issued by other Federal agencies.
EQUAL EMPLOYMENT OPPORTUNITY
The following equal employment opportunity requirements apply to this contract:
Nondiscrimination. In accordance with Title VII of the Civil Rights Act, as amended, 42
U.S.C. section 2000e et seq., and federal transit laws at 49 U.S.C. § 5332, the
subrecipient agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,”
41 C.F.R. chapter 60, and Executive Order No. 11246, “Equal Employment Opportunity
in Federal Employment,” September 24, 1965, 42 U.S.C. section 2000e note, as further
amended by any later Executive Order that amends or supersedes it, referenced in 42
U.S.C. section 2000e note. The subrecipient agrees to take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, national origin, sex, sexual orientation and gender
identity. Such action shall include, but not be limited to, the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the subrecipient agrees to comply with any
implementing requirements FTA may issue.
Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. sections
621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations,
“Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act
of 1975, as amended, 42 U.S.C. section 6101 et seq., U.S. Health and Human Services
regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving
Federal Financial Assistance,” 45 C.F.R. part 90 and Federal transit law at 49 U.S.C.
section 5332, the subrecipient agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the subrecipient agrees to comply
with any implementing requirements FTA may issue.
Disabilities. In accordance with the Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended,
42 U.S.C. section 4151 et seq., and Federal transit law at 49 U.S.C. section 5332, the
subrecipient agrees that it will not discriminate against individuals on the basis of
disability. In addition, the subrecipient agrees to comply with the requirements of U.S.
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Equal Employment Opportunity commission, “Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act, “29 C.F.R. part 1630, and
any implementing requirements FTA may issue. The subrecipient will also ensure that
accessible facilities (including vehicles and buildings) and services are made available to
individuals with disabilities in accordance with the Americans with Disabilities Act of 1990,
as amended, 42 U.S.C. section 12101 et seq., the Architectural Barriers Act of 1968, as
amended, 42 U.S.C. section 4151 et seq., and any applicable implementing regulations.
The subrecipient agrees to include the requirements of this article in each subcontract
under this contract, modified only to identify the subcontractor that will be subject to the
provisions.
ENERGY CONSERVATION REQUIREMENTS
The subrecipient agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321
et seq., and perform an energy assessment for any building constructed, reconstructed,
or modified with federal assistance required under FTA regulations, “Requirements for
Energy Assessments,” 49 C.F.R. part 622, subpart C.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
Prohibition on certain telecommunications and video surveillance services or equipment.
(a) MoDOT and its subrecipients are prohibited from expending FTA 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 means any
of the following:
1. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities):
2. 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).
3. Telecommunications or video surveillance services provided by such entities or
using such equipment.
4. 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.
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DISADVANTAGED BUSINESS ENTERPRISE (DBE), PROMPT PAYMENT,
RETURN OF RETAINAGE PAYMENTS
The subrecipient shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The subrecipient shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the subrecipient to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy
as MoDOT deems appropriate, which may include, but is not limited to: Withholding
monthly progress payments, assessing sanctions, liquidated damages; and/or
disqualifying the subrecipient from future funding opportunities. Each third party contract
the subrecipient signs with a contractor must include the assurance in this paragraph (see
49 CFR 26.13(b)).
Prompt Payment. The subrecipient agrees to ensure that each prime contractor agrees
to pay each subcontractor under its contract for satisfactory performance of its
subcontract no later than fifteen (15) days from the receipt of each payment the Contractor
receives.
Return Retainage Payments. The subrecipient agrees further to ensure that the prime
contractor returns retainage payments to each subcontractor within thirty (30) days after
the subcontractor’s work is satisfactorily completed. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause following
written approval. This clause applies to both DBE and non-DBE subcontracts. The
subrecipient must ensure that the prime contractor promptly notifies it, whenever a DBE
subcontractor performing work related to the prime contract is terminated or fails to
complete its work and must make good faith efforts to engage another DBE subcontractor
to perform at least the same amount of work. The subrecipient must ensure that a prime
contractor may not terminate any DBE subcontractor and perform that work through its
own forces or those of an affiliate without prior written consent of the subrecipient.
Finally, for contracts with defined DBE contract goals, the subrecipient must include in
each prime contract a provision stating that the contractor shall utilize the specific DBEs
listed unless the prime contractor obtains the subrecipient’s written consent; and that,
unless the subrecipient’s consent is provided, the prime contractor shall not be entitled to
any payment for work or material unless it is performed or supplied by the listed DBE. 49
C.F.R. § 26.53(f) (1).
It is the policy of MoDOT and the United States Department of Transportation (“DOT”)
that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal
regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate
in DOT-assisted contracts.
SEAT BELT USE AND DISTRACTED DRIVING
The subrecipient agrees to implement Executive Order No. 13043, “Increasing Seat Belt
Use in the United States,” April 16, 1997, 23 U.S.C. § 402 note, (62 Fed. Reg. 19217), by
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adopting and promoting on-the-job seat belt use policies and programs for its employees
and other personnel that operate company-owned vehicles, company-rented vehicles, or
personally operated vehicles.
The subrecipient agrees to adopt and enforce workplace safety policies to decrease
crashes caused by distracted drivers, including policies to ban text messaging while using
an electronic device supplied by an employer, and driving a vehicle the driver owns or
rents, a vehicle the Contractor owns, leases, or rents, or a privately-owned vehicle when
on official business in connection with this Project, or when performing any work for or on
behalf of the Project.
The subrecipient agrees to conduct workplace safety initiatives in a manner
commensurate with its size, such as establishing new rules and programs to prohibit text
messaging while driving, re-evaluating the existing programs to prohibit text messaging
while driving, and providing education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
The subrecipient agrees to include the preceding in its contracts at each tier, and
encourage its contractors to comply with these provisions.
SPECIAL NOTIFICATION REQUIREMENTS FOR STATES
To the extent required under federal law, the State, as the Recipient, agrees to
provide the following information about federal assistance awarded for its State
Program, Project, or related activities:
1. The Identification of FTA as the federal agency providing the federal
assistance for a State Program or Project,
2. The Catalog of Federal Domestic Assistance Number of the program from
which the federal assistance for a State Program or Project is authorized,
and
3. The amount of federal assistance FTA has provided for a State Program
or Project.
The State will provide the information required under this provision in the
following documents:
1. Applications for federal assistance,
2. Requests for proposals, or solicitations,
3. Forms,
4. Notifications,
5. Press Releases, and
6. Other publications.
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PRIVACY ACT AND FREEDOM OF INFORMATION ACT
The subrecipient agrees that the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as
amended, applies to most information submitted to FTA and U.S. DOT, whether
electronically or in typewritten hard copy.
Records. The subrecipient agrees that all applications and materials it submits to MoDOT
that are related to its Award have or will become federal agency records and are or will
be subject to FOIA and to public release through individual FOIA requests, unless FTA
determines that a valid exemption under FOIA or another statute applies. The
subrecipient understands that the requirements of the Privacy Act, including the civil and
criminal penalties for violation of that Act, apply to those individuals involved, and that
failure to comply with the terms of the Privacy Act may result in termination of the
underlying contract. The subrecipient also agrees to include these requirements in each
contract to administer any system of records on behalf of the Federal Government
financed in whole or in part with Federal assistance provided by FTA.
TERMINATION
Termination for Convenience: MoDOT may terminate this contract, in whole or in part, at
any time by written notice to the subrecipient when it is in it's best interest. The
subrecipient shall be paid its costs, including contract close-out costs, and profit on work
performed up to the time of termination. The subrecipient shall promptly submit its
termination claim to MoDOT to be paid. If the subrecipient has any property in its
possession belonging to MoDOT, the subrecipient will account for the same, and dispose
of it in the manner MoDOT directs.
Termination for Default: MoDOT may, by written notice of default to the subrecipient,
terminate the whole or any part of this contract if the subrecipient fails to make delivery
of the supplies or to perform the services within the time specified herein or any extension
thereof, or if the subrecipient fails to perform any provision of the contract, in accordance
with its terms, and in either of these two circumstances does not cure such failure within
a period of ten (10) days (or such longer period as MoDOT may authorize in writing) after
receipt of notice from MoDOT specifying such failure. If the contract is terminated in whole
or in part for default, MoDOT may procure, upon such terms and in such manner as
MoDOT may deem appropriate, supplies or services similar to those so terminated. The
subrecipient shall be liable to MoDOT for any excess costs for such similar supplies or
services and shall continue the performance of this contract to the extent not terminated
under the provisions of this clause.
1. Upon termination of the contract, MoDOT shall pay only such costs that result from
obligations which were properly incurred by the subrecipient or their contractor
before the effective date of termination; and
2. Such costs as would be allowable if the contract were not terminated or expired
normally at the end of the contract. Except with respect to defaults of contractors,
the subrecipient shall not be liable for any excess costs if the failure to perform the
contract arises out of causes beyond the control and without the fault or negligence
of the subrecipient. If the failure to perform is caused by the default of a contractor,
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and if such default arises out of causes beyond the control of both the subrecipient
and contractor, and without the fault or negligence of either of them, the
subrecipient shall not be liable for any excess costs for failure to perform, unless
the supplies or services to be furnished by the contractor were obtainable from
other sources in sufficient time to permit the subrecipient to meet the required
delivery schedule. Payment for completed supplies delivered to and accepted by
MoDOT shall be at the contract price. MoDOT may withhold cash payments from
amounts otherwise due the subrecipient to pay for goods and services deemed by
MoDOT to be necessary to protect MoDOT against loss due to default by
subrecipient or because of any lien or claim of lien.
MoDOT shall be entitled to take other remedies that may be legally available. If, after
notice of termination of subrecipient’s work pursuant to this contract, it is determined for
any reason that the subrecipient was not in default, or that its default was excusable, or
that MoDOT is not entitled to the remedies against subrecipient provided herein, then the
subrecipient’s remedies against MoDOT shall be the same as and limited to those
afforded to the subrecipient set out in the section entitled “Disputes”. In the event MoDOT
elects to waive its remedies for any breach by the subrecipient of any covenant, term or
condition of this contract, such waiver shall not preclude MoDOT from pursuing all
available remedies for any succeeding breach of that or any other term, covenant, or
condition of this contract.
Opportunity to Cure: MoDOT in its sole discretion may, in the case of a termination for
breach or default, allow the subrecipient 10 days in which to cure the defect. In such case,
the notice of termination will state the time period in which cure is permitted and other
appropriate conditions. If the subrecipient fails to remedy to MoDOT’s satisfaction the
breach or default of any of the terms, covenants, or conditions of this Contract within ten
(10) days after receipt by the subrecipient of written notice from MoDOT setting forth the
nature of said breach or default, MoDOT shall have the right to terminate the Contract
without any further obligation to subrecipient. Any such termination for default shall not in
any way operate to preclude MoDOT from also pursuing all available remedies against
the subrecipient and its sureties for said breach or default. If it is later determined by
MoDOT that the subrecipient had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of the
subrecipient, MoDOT, after setting up a new delivery of performance schedule, may allow
the subrecipient to continue work, or treat the termination as a termination for
convenience.
TRAFFICKING IN PERSONS
As required with Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended, 22 USC § 7104(g) and OMB regulatory guidance, “Award Term for
Trafficking in Persons,” 2 CFR Part 175, per US OMB’s direction.
The subrecipient agrees that it and its employees that participate in this award, may not:
Engage in severe forms of trafficking in persons during the period of time that MoDOT’s
Award is in effect, Procure a commercial sex act during the period of time that MoDOT’s
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Award is in effect, or use forced labor in the performance of MoDOT’s award or any
subagreements thereunder.
The subrecipient must notify MoDOT and FTA immediately of any information it receives
from any source alleging a violation of the prohibitions listed in Section 4(f)(4) of the FTA
Master Agreement.
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
1. As required with Section 4 (g) of the FTA Master Agreement, the subrecipient by
signing and submitting this agreement certifies as follows: Does not have any
unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible
for collecting the tax liability; and
2. Was not convicted of a felony criminal violation under any Federal law within the
preceding 24 months.
3. If a prospective Third-Party Participant cannot so certify, the subrecipient agrees
to refer the matter to MoDOT and not to enter into any Third-Party Agreement with
the Third Party Participant without MoDOT’s written approval.
The subrecipient will also include this flow-down requirement to all contractors at all lower
tiers.
ENVIRONMENTAL JUSTICE
In accordance with FTA Master Agreement, the subrecipient agrees to promote
environmental justice by following:
1. Executive Order No. 12898, “Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C.
§ 4321 note, (59 Fed. Reg. 7629, 3 C.F.R. 1994 Comp., p. 859) as well as
facilitating compliance with that Executive Order;
2. U.S. DOT Order 5610.2(a), “Department of Transportation Updated Environmental
Justice Order,” 77 Fed. Reg. 27534, May 10, 2012; and
3. The most recent edition of FTA Circular 4703.1, “Environmental Justice Policy
Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the
extent consistent with applicable federal laws, regulations, requirements, and
guidance.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
The subrecipient shall comply and facilitate compliance with U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and
supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R.
part 180. These provisions apply to each contract at any tier of $25,000 or more, and to
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each contract at any tier for a federally required audit (irrespective of the contract amount),
and to each contract at any tier that must be approved by an FTA official irrespective of
the contract amount. As such, the subrecipient verifies that its principals, affiliates, and
contractors are eligible to participate in this federally funded contract and are not presently
declared by any Federal department or agency to be:
1. Excluded or disqualified from participating in a covered transaction;
2. Have been convicted within the preceding three years of any of the offenses listed
in § 180.800(a) or had a civil judgment rendered against them for one of those
offenses within that time period;
3. Are presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses listed in § 180.800(a); or
4. Have had one or more public transactions (Federal, State, or local) terminated
within the preceding three years for cause or default.
For each third party contract expected to equal or exceed $25,000, the subrecipient
agrees to verify that the bidder is not excluded or disqualified by:
• Checking System for Award Management (SAM) Exclusions (at SAM.gov);
or
• Collecting a certification; or
• Adding a clause or condition to the covered transaction
LOBBYING
Subrecipients who apply for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." The subrecipient and each
of its contractors certifies to the tier above 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 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. A
Certificate of Compliance will be required as part of the contract, if applicable. The
subrecipient, its contractors, and each tier shall also 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 MoDOT.
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The subrecipient agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. The
subrecipient agrees to report each violation to MoDOT and understands and agrees that
MoDOT will, in turn, report each violation as required to assure notification to FTA and
the appropriate EPA Regional Office. The subrecipient also agrees to include these
requirements in each subcontract exceeding $150,000 financed in whole or in part with
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Federal assistance provided by FTA.
RESOLUTION OF DISPUTES, BREACHES, OR OTHER LITIGATION
Disputes arising in the performance of this contract which are not resolved by agreement
of the parties shall be decided in writing by MoDOT’s authorized representative. This
decision shall be final and conclusive unless within ten days from the date of receipt of its
copy, the subrecipient mails or otherwise furnishes a written appeal to MoDOT’s
authorized representative. In connection with such appeal, the subrecipient shall be
afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of MoDOT’s authorized representative shall be binding upon the subrecipient
and subrecipient shall abide by the decision. FTA has a vested interest in the settlement
of any violation of Federal law including the False Claims Act, 31 U.S.C. § 3729.
Performance During Dispute. Unless otherwise directed by MoDOT, subrecipient shall
continue performance under this contract while matters in dispute are being resolved.
Claims for Damages. Should either party to the contract suffer injury or damage to person
or property because of any act or omission of the party or of any of its employees, agents
or others for whose acts it is legally liable, a claim for damages therefore shall be made
in writing to such other party within ten days after the first observance of such injury or
damage.
Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between MoDOT and the subrecipient arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the residing State.
Rights and Remedies. Duties and obligations imposed by the contract documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by MoDOT or the subrecipient shall constitute a waiver of any right
or duty afforded any of them under the contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
CONTRACT WORK HOURS AND SAFETY STANDARDS
This requirement applies to all FTA grant and cooperative agreement programs where
applicable (see 40 U.S.C. § 3701), all contracts awarded by the subrecipient 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 at 29 C.F.R. Part 5.(See 2 C.F.R. Part 200, Appendix II). Under 40
U.S.C. § 3702, 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
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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.
The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning
compliance with the Contract Work Hours and Safety Standards Act: Compliance with the
Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No subrecipient or contractor 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 he or she is 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 (1) of this section, the subrecipient
and any contractor responsible therefor shall be liable for the unpaid wages. In
addition, such subrecipient and contractor 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
(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 (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. MoDOT 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 subrecipient or its contractor under any such contract or
any other Federal contract of the subrecipient or 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 subrecipient or the same prime
contractor, such sums as may be determined to be necessary to satisfy any
liabilities of the subrecipient or its contractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The subrecipient or its contractor shall insert in any subcontracts the
clauses set forth in paragraph (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
(1) through (4) of this section.”
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NON CONSTRUCTION EMPLOYEE PROTECTION
The subrecipient will comply, with the following Federal laws and regulations providing
Wage and Hour protections for non-construction employees according to FTA Master
Agreement, Section 24(b):
Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40
U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. 3701 et seq., and
U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing
Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety
Standards Act),” 29 C.F.R. Part 5.
ADA ACCESS NONDISCRIMINATION ON THE BASIS OF DISABILITY
The subrecipient agrees to comply with the requirements of 49 U.S.C. § 5301 (d), which
states the Federal policy that the elderly and persons with disabilities have the same right
as other persons to use mass transportation service and facilities, and that special efforts
shall be made in planning and designing those services and facilities to implement that
policy. The subrecipient also agrees to comply with all applicable provisions of §504 of
the Rehabilitation Act of 1973, as amended, with 29 U.S.C. §794, which prohibits
discrimination on the basis of disability; with the Americans with Disabilities Act of 1990
(ADA), as amended, 42 U.S.C. §12101 et seq., which requires that accessible facilities
and services be made available to individuals with disabilities; and with the Architectural
Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., which requires that buildings
and public accommodations be accessible to individuals with disabilities. In addition, the
subrecipient agrees to comply with applicable Federal regulations and directives and any
subsequent amendments thereto, except to the extent the Federal Government
determines otherwise, in writing, as follows:
1. U.S. DOT regulations, “Transportation Services for Individuals with Disabilities
(ADA),” 49 CFR Part 37;
2. U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR
Part 27;
3. Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.
ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49
CFR Part 38;
4. U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger
Vessels,” 49 CFR Part 39;
5. U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and
Local Government Services,” 28 CFR Part 35;
6. U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
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Accommodations and in Commercial Facilities,” 28 CFR Part 36;
7. U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR Part 1630;
8. U.S. Federal Communications Commission regulations, “Telecommunications
Relay Services and Related Customer Premises Equipment for Persons with
Disabilities,” 47 CFR Part 64, subpart F;
9. U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
Standards,” 36 C.F.R. Part 1194;
10. FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R.
Part 609; and
11. FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
12. Federal civil rights and nondiscrimination directives implementing the foregoing
regulations.
CHARTER SERVICE
The subrecipient agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part
604, which provides that MoDOT and subrecipients of FTA assistance are prohibited from
providing charter service using federally funded equipment or facilities if there is at least
one private charter operator willing and able to provide the service, except as permitted
under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The subrecipient agrees that if it engages in a pattern of violations of FTA’s Charter
Service regulations, FTA may require corrective measures or impose remedies on it.
These corrective measures and remedies may include:
1. Barring it or any contractor operating public transportation under its Award that has
provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part
604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply.
The subrecipient should also include the substance of this clause in each subcontract
that may involve operating public transit services.
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SCHOOL BUS
The subrecipient agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and
not engage in school bus operations using federally funded equipment or facilities in
competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If subrecipient violates this School Bus requirements, FTA may:
1. Bar the subrecipient from receiving Federal assistance for public transportation; or
2. Require the subrecipient to take such remedial measures as FTA considers
appropriate. When operating exclusive school bus service under an allowable
exemption, the subrecipient may not use federally funded equipment, vehicles, or
facilities. The subrecipient should include the substance of this clause in each
contract or purchase under this contract that may operate public transportation
services.
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DocuSign Envelope ID: 6166C660-71C7-4492-BA8C-7B07847751D0
Certificate Of Completion
Envelope Id: 6166C66071C74492BA8C7B07847751D0 Status: Completed
Subject: Complete with DocuSign: 2023-11-82508.pdf
Source Envelope:
Document Pages: 26 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 0 Janette Vomund
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Time Zone: (UTC-06:00) Central Time (US & Canada)
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Janette.Vomund@modot.mo.gov
IP Address: 168.166.80.221
Record Tracking
Status: Original
11/8/2023 12:29:50 PM
Holder: Janette Vomund
Janette.Vomund@modot.mo.gov
Location: DocuSign
Signer Events Signature Timestamp
Ryan Moehlman
rmoehlman@jeffersoncitymo.gov
City Attorney
Security Level: Email, Account Authentication
(Optional), Access Code Signature Adoption: Drawn on Device
Using IP Address: 65.119.141.114
Sent: 11/8/2023 1:41:23 PM
Viewed: 11/8/2023 2:08:32 PM
Signed: 11/8/2023 2:08:53 PM
Electronic Record and Signature Disclosure:
Accepted: 11/8/2023 2:08:32 PM
ID: a37b10db-fd70-4ba3-a8d5-538c5adcff35
Mayor Ron Fitzwater
rfitzwater@jeffersoncitymo.gov
Mayor
Security Level: Email, Account Authentication
(Optional)Signature Adoption: Drawn on Device
Using IP Address: 67.129.253.34
Signed using mobile
Sent: 11/8/2023 2:08:54 PM
Resent: 11/13/2023 2:39:14 PM
Viewed: 11/13/2023 3:12:48 PM
Signed: 11/13/2023 3:13:42 PM
Electronic Record and Signature Disclosure:
Accepted: 11/13/2023 3:12:48 PM
ID: 5a1b2bb9-f402-4745-8929-f7c22a7d66d0
Emily Donaldson
edonaldson@jeffersoncitymo.gov
City Clerk
Security Level: Email, Account Authentication
(Optional)Signature Adoption: Pre-selected Style
Using IP Address: 65.119.141.114
Sent: 11/13/2023 3:13:44 PM
Viewed: 11/13/2023 3:14:16 PM
Signed: 11/13/2023 3:14:37 PM
Electronic Record and Signature Disclosure:
Accepted: 11/13/2023 3:14:16 PM
ID: 8790030d-54bf-4cb8-b214-b047e9afbd29
Megan L. Waters-Hamblin
Megan.Waters-Hamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Pre-selected Style
Using IP Address: 168.166.80.221
Sent: 11/13/2023 3:14:39 PM
Viewed: 11/13/2023 3:16:58 PM
Signed: 11/13/2023 3:19:58 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Eric E. Schroeter
Eric.Schroeter@modot.mo.gov
Assistant Chief Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Pre-selected Style
Using IP Address: 12.53.134.17
Sent: 11/13/2023 3:20:00 PM
Viewed: 11/14/2023 6:50:32 AM
Signed: 11/14/2023 6:50:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pamela Harlan
pamela.harlan@modot.mo.gov
Secretary to the Commission
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Uploaded Signature Image
Using IP Address: 168.166.80.221
Sent: 11/14/2023 6:50:45 AM
Viewed: 11/15/2023 8:16:22 AM
Signed: 11/15/2023 8:16:28 AM
Electronic Record and Signature Disclosure:
Accepted: 12/22/2021 11:42:38 AM
ID: 2c664348-0ef1-42bb-97b6-7b0938b1e411
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Tara Herx
tara.herx@modot.mo.gov
Senior Executive Assistant
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/13/2023 3:20:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Jorgensen
jennifer.jorgensen@modot.mo.gov
Asst Secretary to the Commission
MoDOT
Security Level: Email, Account Authentication
(Optional)
Sent: 11/14/2023 6:50:45 AM
Electronic Record and Signature Disclosure:
Accepted: 6/7/2023 9:45:35 AM
ID: 43e1faf8-03d4-4d0e-95b0-9dcba940a033
Christy L. Evers
Christy.Evers@modot.mo.gov
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/15/2023 8:16:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gerry Stegeman
gstegeman@jeffersoncitymo.gov
Transit Manager
Security Level: Email, Account Authentication
(Optional)
Sent: 11/15/2023 8:16:29 AM
Electronic Record and Signature Disclosure:
Accepted: 9/27/2023 7:55:20 AM
ID: 4a247311-0981-42c2-ada0-a37d9bff1b89
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/8/2023 1:41:24 PM
Certified Delivered Security Checked 11/15/2023 8:16:22 AM
Signing Complete Security Checked 11/15/2023 8:16:28 AM
Completed Security Checked 11/15/2023 8:16:30 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Missouri Highways and Transportation Commission
DocuSign, Inc. Express Electronic Signature Agreement
The Missouri Highways and Transportation Commission (hereinafter, Commission), acting by
and through the Missouri Department of Transportation (MoDOT) is willing to provide to the
Authorized Representative of the Contractor/Vendor/Consultant (Entity) who is duly authorized
to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically
affixed authorized signature and seal, as required to validate a binding agreement between the
Commission and the Entity, on all Commission/MoDOT documents, including but not limited to
disclosures, agreements, contracts, notices, purchase orders, change orders, modifications,
amendments, supplements, correspondence, and the like, (hereinafter, Commission Documents)
that are processed, generated, and exchanged by and between the Commission and you, acting on
behalf of the Entity, electronically through the utilization of the DocuSign, Inc. Express
(DocuSign) eSignature Application. In consideration of mutual covenants, you agree as follows:
1) You are the person duly authorized and designated by the Entity to receive, access and agree
to the terms of this agreement on behalf of the Entity by clicking the Agree button below.
2) You have the authority to specifically consent and agree that the Commission, in its
discretion, provide all disclosures, agreements, contracts, notices, purchase orders, change
orders, modifications, amendments, supplements, correspondence, and all other evidence of the
transaction between the Commission and the Entity electronically (hereinafter all such
documentation is referred to as electronic record(s)).
3) The email address, User ID and password authorized to access the electronic agreement via
DocuSign are your own and are not shared with any other person.
4) All of the required notices and disclosures will be sent to the email address authorized through
DocuSign.
5) You are duly authorized to receive electronically through DocuSign, access and act upon all
electronic records, to provide all required information and electronically affix your signature and
seal, as applicable, on behalf of the Entity named in such Commission Documents via
DocuSign,.
6) The system through which you are accessing DocuSign and its eSignature Application meets
the minimum requirements to access DocuSign, view, receive, retrieve, download, print, store,
send and transmit all electronic records and any and all other communications sent to you from
the Commission through the DocuSign web site.
7) All communications in electronic format from the Commission to you through DocuSign are
considered in-writing. You have the ability to download and print any documents processed
through DocuSign for 30 calendar days after such documents are first sent, as long as you are an
authorized user of the DocuSign system. After such time, you may request copies by contacting
the Commission through the Secretary to the Commission at mhtc@modot.mo.gov or by
telephone at 573-751-2824. You shall print or download for your records a copy of any
communication that is important to you to retain.
8) You have implemented appropriate security measures to ensure that only you have access
through DocuSign to receive, access and electronically affix signatures to electronic records, as
applicable, Commission/MoDOT sends to you through DocuSign. It is your sole responsibility to
ensure your adequate protection, confidentiality and secrecy of the DocuSign Authentication
Code, and any other user ID and/or Password combinations that may be required for you to
access the DocuSign eSignature services and any disclosure thereof to any other person or
Electronic Record and Signature Disclosure created on: 10/5/2016 3:40:17 PM
Parties agreed to: Ryan Moehlman, Mayor Ron Fitzwater, Emily Donaldson, Pamela Harlan, Jennifer Jorgensen, Gerry Stegeman
communication thereof through unsecure medium, such as traditional electronic mail, shall be
entirely at your risk. You shall be liable for any unauthorized usage of your ID/Password
combination and the DocuSign Authentication Code.
9) You agree and authorize the Commission to respond to and act upon any and all transactions
initiated and transmitted by you electronically through DocuSign. Any transaction initiated and
transmitted by you to the Commission through DocuSign and its eSignature application shall be
deemed to have been authorized by you, and the Commission is entitled to assume that the said
transactions are so authorized by you and the Commission shall be protected upon acting
thereon.
10) You shall be fully liable to the Commission for every transaction entered into using a valid
DocuSign Authentication Code sent to you through certified mail, telephone call or Short
Message Service (SMS) text, with or without your knowledge. In no event will the Commission
be liable to you for any special, direct, indirect, consequential or incidental loss or damages even
if you have advised the Commission/MoDOT of such possibility. The Commission shall not be
liable for any misuse, if any, of any data placed on the internet by third parties hacking or
accessing the application and hosting server without authorization.
11) The Entity shall take responsibility for all the transactions with the Commission conducted
electronically through DocuSign and will abide by the record of the transactions generated by
DocuSign or by the Commission/MoDOT through DocuSign. Further such record of transactions
shall be conclusive proof and binding for all purposes and may be used as conclusive evidence in
any proceedings. All records of the Commission and DocuSign, whether in electronic form,
magnetic medium, documents or any other form, with respect to electronic transactions sent or
received through use of DocuSign shall be conclusive evidence of such transactions and shall be
binding on the Entity.
12) The Commission/MoDOT shall not be liable for any loss or damage whatsoever caused,
arising directly or indirectly, in connection with the services and /or this Agreement, including
without limitation any: (A) Loss of data; and (B) Interruption or stoppages to your access to
DocuSign and its eSignature application and/or processing of electronic transactions due to any
operational or technical difficulties/reason beyond our control for any other reason. The
Commission, along with its members, employees, agents, executors, successors and assigns shall
not be liable for any damages or claims or injuries arising out of or in connection with the use of
DocuSign and its eSignature application or its non-use including non-availability or failure of
performance, loss or corruption of data, loss of or damage to property (including profit and
goodwill), work stoppage, computer failure or malfunctioning or interruption of business, error,
omission, deletion, defect, delay in operation or transmission, communication line failure or for
any failure to act upon electronic transaction for any cause.
13) You shall keep confidential all information, in whatever form, produced, prepared, observed
or received by you to the extent that such information is confidential by law or otherwise
required by the Commission.
14) This Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed according to, the laws of the State of Missouri. It is agreed by the parties that any
action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement,
or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County,
Missouri.
15) The terms of this agreement and any amendments thereafter shall remain in full force and
effect for as long as DocuSign is active, or by thirty (30) days written notification by either party
of their intent to cancel this agreement.
By checking the I Agree button, I confirm that:
1. I am the person named in the documents to which I will electronically affix my signature; that
I am authorized to sign such documents on behalf of the Entity named in the documents; that I
will read and know the contents of such electronically signed documents including all exhibits
attached thereto, and that the statements made therein are true, and that I will not omit any
information needed to make such documents true; and that I will take appropriate security
measures to insure that I have sole access to the documents sent to me by the Commission and
MoDOT through the email address provided on DocuSign.
2. I and the Entity shall indemnify and save harmless the Commission, its members, employees,
officers, successors, assigns, agents and representatives against any and all claims, losses,
damages, costs, liabilities and expense actually incurred, suffered or paid by the Commission, its
members, employees, officers, successors, assigns, agents and representatives, directly or
indirectly, and also against all demands, actions, suits, proceedings made, filed, instituted against
the Commission, its members, employees, officers, successors, agents and representatives in
connection with, or arising out of, or relating to the Commission accepting and acting or not
accepting and not acting for any reason whatsoever pursuant to, in accordance with or relying
upon, data received, through DocuSign and its eSignature application you or any unauthorized
use of your ID/Password combination, the DocuSign Authentication Code, or the DocuSign
eSignature application.
3. I agree to the DocuSign, Inc. Express (DocuSign) Electronic Signature Agreement terms and
conditions outlined above.