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Home My Public Portal AboutORD14384 BILL NO. 2008-36 • SPONSORED BY Councilman Penfold ORDINANCE NO. -r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. 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 a Public Transit Operating Grant Agreement with the Missouri Highway and Transportation Commission. Section 2. The agreement shall be substantially the same in form and content as that 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: x� 0 Approved: '� d Presiding Officer M or ATTEST: APPR VED AS/70 FORM: City ClerK City Counse or • CCO Form: TC09 Approved: 06/96 (RMH) Revised: 07/08 (DW) 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 transportation 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 "Public Transportation Budget and Service Statement" 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 Three Hundred Seventy-Eight dollars ($68,378) during the period from July 1, 2008, to June 30, 2009. (3) PERFORMANCE OF AGREEMENT: The Grantee shall immediately notify the Commission in writing of any condition or event which may significantly affectats-ability to-peXformAhes squired_acti-v ie_s_in-ac-c9.r�ance 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. 1 : r • (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) PAYMENTS: (A) Timing of Requisitions and Payments: The Grantee shall request payment at regular monthly or quarterly intervals, by completing and submitting requisition forms provided by the Commission. The Commission will pay the Grantee accordingly, on a monthly or quarterly basis. (B) 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 subsequent directives mandated by the Governor regarding the reserve or holdback of appropriations. • (6) ASSIGNMENT; THIRD PARTY CONTRACTS: The Grantee shall not assign, transfer or delegate any interest in this Agreement, or its performance of any work required by this Agreement, to any third party without the prior written consent of the Commission; and before entering into any contract therefor. the Grantee shall submit the proposed contract to the Commission for approval. The Commission shall not be liable to contractors or subcontractors of the Grantee, or to any other person not a party to this Agreement, in connection with the performance of any work pursuant to this Agreement, without the Commission's specific written consent. (7) INDEMNIFICATION: The Grantee shall defend, indemnify and hold harmless t e ommssion, i ding-its-mBmbers-an-d-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 performance of its obligations under this Agreement. (8) 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. (9) 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 2 • may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (10) NONDISCRIMINATION CLAUSE: The Grantee shall comply with all state and federal statutes applicable to the Grantee relating to nondiscrimination, including, 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.). (11) 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. (12) 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. (13) 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. (Remainder of page intentionally left blank.) I 3 • (14) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a supplemental agreement signed and approved by the duly authorized representatives of the Grantee and the Commission. IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by the Grantee this e day of 4 , 2008. IV Executed by the Commission this a-7 day of ' 2008. MISSOURI HIGHWAYS AND GRANTEE TRANSPORTATION COMMISSION (�- 6-�� B Director, Multimodal Operations le 4 Att Attest- ( By- • Sec a ary to the Commission Title Approved as to Form: Counsel fo he Commission App y to Form: City C u selor 4 A APPLICATION FOR STATE OPERATING ASSISTANCE Applicant's City of Jefferson Name P. O. Contact Richard C. Turner Sr. Box Person Address 320 E. McCarty Street County Cole City, State, Zip Jefferson City, Mo 65101 Telephone (573) 634-6571 ext. 3 FAX (573) 636-3632 Email: rturner @jeffcitymo.org Pro osed Level of Service and Budget Information Level of Service Proposed Project Period July 1, 2008—June 30, 2009 Public Transportation Service Area Jefferson City Urbanized Area Total One-way Passenger Trips to be Provided 493,782 • Total Vehicle Miles to be Operated 614,994 Number of Vehicles in Peak Revenue 21 Budget Information Total Transportation Operating Expenses $2,188,582.00 Passenger Fares and Other Revenues 519,300.00 Federal Operating Assistance 705,623.00 Local Operating Assistance 895,281.00 State Assistance $ 68,378.00 Signature of official authorized to submit this application Date • JATRANSIT\forms\St Operat Assis form.doc Based on estimated budget for Fiscal year November 1,2008 thru October 31 2009. BILL NO. 2008-36 SPONSORED BY Councilman Penfold ORDINANCE NO. U AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC TRANSIT OPERATING GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION. 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 a Public Transit Operating Grant Agreement with the Missouri Highway and Transportation Commission. Section 2. The agreement shall be substantially the same in form and content as that 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: Approved: g 0 Presiding Officer M or I ATTEST: APPR VED AS//70 FORM: City Cle City Counse or