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BILL NO. 2007-47
• SPONSORED BY COUNCILMAN Kenneth Ferguson
ORDINANCE NO. 10 31
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: fX 2�a
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Pre s' in fficer a or
AT ST: APPROVEDAS TO FORM:
r)n llllk/�
y Clerk �i ounselor
I
CCO Form: TC9
Approved: 06/96 (RMH)
Revised: 01/06 (AR)
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 to 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 agrees to 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 of July 1, 2007, to June 30, 2008.
(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 activities/project in accordance with the provisions of
this Agreement.
(4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT
RECORDS:
(A) The Grantee shall submit to the Commission such data, reports,
documents, and other information relating to the Grantee's activities and projects as
the Commission may require at any time.
(B) The Commission reserves the right to inspect and otherwise
audit all records of the Grantee to determine the status of the grant funds received
by the Grantee. Generally accepted auditing standards and the requirements of the
• Comptroller General of the United States "Government Auditing Standards" shall be
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• used as the audit criteria.
(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 Scope of Work 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' project without specific written consent of
Commission.
(6) PAYMENTS:
(A) Limitations on Commission Contribution: Funds made available
to the Commission and Grantee are subject to appropriations made by the General
Assembly. The maximum Commission payment on any monthly or quarterly request
and in the aggregate, when added to federal operating assistance funds 'availabie
and applied to the same operating period, shall not cause the total of state and
federal operating assistance to exceed the amount of operating assistance for which
Grantee would have qualified in federal funds had additional federal funds been
• available.
(B) Timing of Payments: Commission payments to the Grantee will
be made on a monthly or quarterly basis. Commission will provide a requisition form
to be completed by the Grantee when requesting assistance.
(C) Availability of Funds: Funds made available to the Commission
and Grantee are subject to appropriations made by the General Assembly and any
subsequent directives mandated by the Governor regarding the Governor's holdback
of appropriations.
(7) NON-ASSIGNABILITY: Unless otherwise authorized in writing by the
Commission, the Grantee shall not assign any portion of the work to be performed
under this Agreement, or execute any contract, amendment or change order, or
obligate itself in any matter with any third party with respect to its rights and
responsibilities under-this Agreement without the prior written concurrence of the
Commission.
(8) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon
written notice to the Grantee, the Commission reserves the right to 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.
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(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
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.
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( ) INDEMNIFICATION: The Grantee shall be responsible for injury or
damages as a result of any services and/or goods rendered under the terms and
conditions of this Agreement. In addition to the liability imposed upon the Grantee
on the account of personal injury, bodily injury, including death, or property damage,
suffered as a result of the Grantee performance under this Agreement, the Grantee
assumes the obligation to save harmless the Commission, including its agents,
employees and assigns, and to indemnify the Commission, including its agents,
employees and assigns, from every expense, liability or payment arising out of such
wrongful or negligent act or omission, including legal fees. The Grantee also agrees
to hold harmless the Commission, including its agents, employees and assigns, from
any wrongful or negligent act or omission committed by any subcontractor or other
person employed by or under the supervision of the Grantee for any purpose under
this Agreement, and to indemnify the Commission, including its agents, employees
and assigns, from every expense, liability or payment arising out of such wrongful or
negligent act or omission.
(11). 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
any 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
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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 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 � day of , 20g
Executed by the Commission this I�ay of , 20 cl 7 .
MISSOURI HIGHWAYS AND GRANTEE
TRANSPORTATION COMMISSION
By
Director, Multimodal Operations
Attest- - Atte
B
Secretary to the Commission
T
Appr a as nt - mCounsel for the ommissi
if:\mo\transit\tc9 public transit operating assistance grant agreement.doc
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Append;x A
APPLICATION FOR STATE OPERATING ASSISTANCE
Applicant's City of Jefferson
Name
P. O. Contact
Box Person Richard C. Turner Sr.
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: rtumer @jeffcitymo.org
Proposed Level of Service and Budget Information
Level of Service
Proposed Project Period July 1,2007—June 30,2008
Public Transportation Service Area Jefferson City Urbanized Area
Total One-way Passenger Trips to
be Provided 484,100
• Total Vehicle Miles to be Operated 614,700
Number of Vehicles in Peak
Revenue 21
Budget Information
Total Transportation Operating
Expenses $1,875,180.00
Passenger Fares and Other Revenues 484,800.00
Federal Operating Assistance 659,623.00
Local Operating Assistance 662,379.00
State Assistance $68,378.00
Signature of official authorized to submit this application
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Date
JATRANSIT\forms\St Operat Assis form.doc
Based on estimated budget for Fiscal year November 1,2007 thru October 31 2008.