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HomeMy WebLinkAboutORD.2551.06-21-1999BILL NO. 99-71 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF PINDWOOD PLACE 2ND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Pindwood Place 2nd Subdivision, a resubdivision of Lots No. 7, 8, and 9 of Pindwood Place Subdivision Amended all in Outlot No. 82 of U.S. Survey No. 2199, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, Missouri, submitted by Pindwood Place LLC, by Larry Haertling, Managing Member, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated March 3, 1999, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ��DAY OF , 19�• A. f4. Spradling, III, May ATTEST: Lois J. T eedy C' Deputy City Clerk � ilk �� t JUN -15-1999 14:54 MODOT MULTIMODAL 573 526 4709 P.02i14 CCO FORM: TC5 Approved: 1192 (KR) Revised: 3/99 (RMH) Modred: Project No. M048 -X020 MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION NONURBANIZED AREA PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highway and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Grantee"). WITNESSETH: WHEREAS, the Grantee has applied to the Commission for a grant of funds made available to the Commission under Chapter 53 (5311) of Title 49, United States Code, herein referred to as 5311 to defray a portion of the costs of a general public transportation project carried out by the Grantee; and WHEREAS, pursuant to H.B. 1004 of the 88th General Assembly, 2nd Regular Session, additional funds are available for programs to support public transit systems, and the Commission is authorized by law to reimburse these public transit systems with these public funds; and WHEREAS, the Commission has awarded funds available pursuant to said act to the Grantee with the understanding that such funds will be used for projects pursuant to this Agreement for the purposes specified in the Grantee's application for 5311 assistance. (Appendix A) NOW, THEREFORE, in consideration of these mutual covenants, promises, and representations the parties agree as follows: (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: Net operating cost is the total cost of operation less revenues received from the service provided. Such net operating cost is estimated to be the amount determined from the Grantee's projected operating budget (Appendix B). (B) The Commission will make a grant from available federal funds in the amount not to exceed 50% of the net operating cost in a manner consistent with the -I- JUN -15-1999 14:54 MODOT MULTIMODAL 573 526 4709 P.03/14 administrative rules of the United States Department of Transportation as contained in the Federal Transit Administration Circular 9040.1B dated July 1, 1988, and any other regulations pursuant to the Federal Transit Act, as amended (49 U.S.C. 1614). (C) The Grantee will provide funds from sources other than (a) unauthorized restricted federal funds; (b) receipts from the use of the project facilities and equipment; or (c) revenues of the general public transportation system in which such facilities and equipment are used in an amount sufficient, together with the grant pursuant to this Agreement, to pay the actual operating cost. The operating portion of the grant under this Agreement will not exceed 50% of the actual operating cost. (2) SCOPE OF WORK AND BUDGET: The Grantee will undertake and complete the project specified in the approved project application and budget (Appendixes A and B). (3) USE OF PROJECT FACILITIES AND EQUIPMENT: (A) The project facilities and equipment shall be used to provide general public mass transportation service within the Grantee's transportation service area, substantially as described in the project description (Appendix A). (B) The Grantee agrees to observe the property management standards as set forth in OMB Circular A-102, Attachment N, or OMB Circular A-110, Attachment N, as appropriate, as now or hereafter amended in order to protect the interest of the United States Department of Transportation. (C) Exceptions to the requirements of Attachment N must be specifically approved by the Commission. (D) If during the period, any project facilities/equipment are not used in mass transportation service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Commission and shall remit to the Commission a proportional amount of the fair market value, if any, of the property, which shall be determined on the basis of the ratio of the grant made by the Commission to the actual cost of the project. (E) Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public sale, whichever is approved by the Commission. (F) In the event of loss due to casualty or fire, the damages paid by the insurance carrier or payable from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. -2- JUN -15-1999 14:55 MODOT MULTIMODAL 573 526 4709 P.04/14 (G) The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Commission upon request such information as is required in order to assure compliance with this section and shall immediately notify the Commission in all cases in which project facilities/equipment are used in a manner substantially different from that described in the project description. (H) The Grantee shall maintain in amount and form satisfactory to the Commission such insurance as will be adequate to protect project facilities/equipment throughout the period of required use. (1) The Grantee shall also submit to the Commission at the beginning of each calendar year during such period, a certification that the project facilities/equipment are still being used in accordance with the terms of paragraph 3 of this Agreement and that no part of the local contribution to this cost of the project has been refunded or reduced, except as authorized above. (4) PROJECT TIME PERIOD: The project period shall be from July 1, 1999 to June 30,2000. (5) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or their representative the chief engineer. (6) LABOR PROTECTION: (A) The Grantee agrees to accept and abide by the terms and conditions of Chapter 53 [(5333(b)] of Title 49, United States Code, as amended, absent a waiver by the United States Department of Labor. (6) The Grantee agrees that it is the exclusive party responsible under the terms of the special 5333(b) warranty and that the State of Missouri, acting through the Commission, assumes no obligation under the terms of the special 5333(b) warranty. (C) The Grantee shall be solely financially responsible for the application of the conditions of 5333(b). (7) AUDITS, INSPECTION AND . RETENTION OF RECORDS: The Commission and the United States Department of Transportation, or any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as the Commission or the United States Department of Transportation deems necessary at no charge to the Commission and/or its designees or representatives, all of the Grantee's records with respect to all matters covered by this contract. Such representatives shall be permitted to audit under the guidelines of OMB Circular A-128 "Audits of State and Local Governments," or OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions," examine and make excerpts or transcripts from such records and other matters covered by this SM JUN -15-1999 14:55 MODOT MULTIMODAL 573 526 4709 P.05i14 contract. Such rights, shall last for three years beyond the longer of the following periods: (a) the period during which any property acquired with funds provided pursuant to this contract is used for purposes for which the federal financial assistance is extended, or for another purpose involving the provisions of similar services or benefits; or (b) the period during which the Grantee retains ownership or possession of such property; or (c) the end of the project time period specified in paragraph 4. All documents, accounting records and other material pertaining to costs incurred in connection with the project shall be retained by the Grantee for three years from the date of final payment to facilitate any audits or inspections. (8) PROPERTY MANAGEMENT STANDARDS: The Grantee's services rendered and reimbursable expenses incurred shall be those allowable under the Common rule, 49 CFR Part 18, and FTA Circular 4220.113 (Third Party Contracting Guidelines). (9) REPORTS: The Grantee shall advise the Commission regarding the progress of the projects at such times and in such a manner as the Commission may require including but not limited to meetings and interim reports. (10) INSURANCE: The Grantee shall maintain in amount and form satisfactory to the Commission such insurance as will be adequate to protect it in case of accident. If permitted by law, the Grantee may maintain a self-insurance program in lieu of purchasing insurance coverage. The Grantee shall verify compliance with this section by submitting a copy of its certificate of insurance, or if self insured, a copy of its self-insurance plan. (11) 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. (12) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Grantee agrees as follows: -4- JUN -15-1999 14:56 MODOT MULTIMODAL 573 526 4709 P.06i14 (A) Civil Rights Statutes: The Grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), as well as any applicable titles of the Americans with Disabilities Act. In addition, if the Grantee is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans With Disabilities Act. (B) Executive Order. The Grantee shall comply with all the provisions of Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order which promulgates a Code of Fair Practices in regard to nondiscrimination, is incorporated herein by reference and made a part of this Agreement. This Executive Order prohibits discriminatory practices by the state, the Grantee or its subcontractors based on race, color, religion, national origin, sex, age, disability or veteran status. (C) Administrative Rules: The Grantee shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (D) Nondiscrimination: The Grantee shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including employment practices. (E) Solicitations for Subcontracts. Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Grantee. These apply to all solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Grantee of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (F) Information and Reports: The Grantee shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the Grantee is in the exclusive possession of another who fails or refuses to fumish this information, -5. JUN -15-1999 14:56 MODOT MULTIMODAL 573 526 4709 P.07/14 the Grantee shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (G) Sanctions for Noncompliance: In the event the Grantee fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the Grantee complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (H) Incorporation of Provisions: The Grantee shall include the provisions of paragraph 12 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The Grantee will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the Grantee becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. (13) SECTION 504 ASSURANCES AND THE AMERICANS WITH DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements Imposed by the United States Department of Transportation regulations implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (and any subsequent amendments thereto) set forth in 49 CFR Parts 27, 37, and 38, as well as all applicable regulations and directives issued pursuant thereto by other Federal Departments or agencies. (14) DISADVANTAGED BUSINESS ENTERPRISE: The Grantee agrees to prepare and submit for Commission approval a Disadvantaged Business Enterprise plan as defined in 49 C.F.R. Parts 23 and 26 dated February 2, 1999, if the Grantee receives a total of $250,000 or more of financial assistance from the United States Department of Transportation, Federal Transit Administration. (15) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom. (16) CHARTER AND SCHOOL BUS PROVISION: The Grantee shall not provide charter or sightseeing services outside its service area as defined in the -6- JUN -15-1999 14:57 MODOT MULTIMODAL 573 526 470y P.08/14 approved application for 5311 assistance (Appendix A) with equipment purchased with project funds. Within the service area, charter and sightseeing services may only be provided on an incidental basis. "Incidental" is defined as those operations which do not interfere with regular service as proposed in the project application. The following uses are presumed not to be incidental: (a) weekday charters which occur during peak rush hours; (b) weekday charters which require vehicles to travel more than 50 miles beyond the service area; (c) weekday charters which require the use of a particular vehicle for more than a total of 6 hours in any one service day. The Grantee shall not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators with project equipment. (17) REIMBURSEMENT: (A) Net Operating Cost: The Commission, using funds made available from the grant made to it by the United States Department of Transportation, shall reimburse the Grantee for 50% of the net operating cost described in paragraph (1 xa) of this Agreement; provided, however, in no event shall the total amount reimbursed by the Commission for net operating cost exceed the maximum federal share of $130,134. (B) State Funds Reimbursed to the Grantee Pursuant to H.B. 1004: The Commission, using funds made available from H.B. 1004, shall reimburse the Grantee for forty thousand four hundred eleven ($40,411). Reimbursement made pursuant to H.B. 1004 shall be provided to the Grantee only for transportation services provided by the Grantee from July 1, 1999 to June 30, 2000. (18) PAYMENT: Progress payments, based upon actual allowable costs, for not less than one (1) month may be made upon receipt of an itemized invoice from the Grantee. The itemized invoice shall be reviewed by the Commission prior to payment. (19) REIMBURSEMENT CONDITIONS: Reimbursement by the Commission is subject to the following conditions: (A) 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 available 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) Financial summaries submitted to the Commission must include a certification that costs have been incurred in the performance of the contract and a record of the actual costs. -7- JUN -15-1999 14:57 MODOT MULTIMODAL 573 526 4709 P.09i14 (C) Reimbursement will be made by the Commission on an incremental basis. Reimbursement is subject to approval by the Commission. All requisition forms shall be in an appropriate format approved by the Commission. (D) Requisitions requesting reimbursement for operating expenses shall be in accordance with the approved project operating budget (Appendix B). (E) Requisitions requesting reimbursement for capital expenses shall be in accordance with the approved estimated capital project budget (Appendix B). (F) The Grantee shall not be reimbursed for any expenses incurred prior to or after the project period. Post audit activities will be conducted by the Commission. (20) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Grantee and the Commission. (21) SUBCONTRACTS: None of the project activities described in Appendixes A or B shall be subcontracted without the prior written consent of the Commission. All subcontracts shall be subject to the terms and conditions of this Agreement. The Grantee, however, shall remain responsible for the proper completion of the project notwithstanding any subcontract. (22) TERMINATION: This Agreement may be terminated upon any of the following conditions: (A) If, for any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Grantee shall violate any of the covenants, agreements, or stipulations contained herein, the Commission shall have the right to terminate this Agreement if such default or violation is not corrected within twenty (20) days after written notice is sent to the Grantee describing such default or violation. (B) The Commission may terminate this Agreement without recourse in the event that, for any reason, federal funds are not appropriated, allotted, or available to the Commission for the purpose of meeting the Commission's obligation hereunder. The Commission will provide written notice of such termination to the Grantee at least five (5) days prior to the effective date of termination. (C) Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least forty-five (45) days in advance of such termination date. (23) STATEMENT OF REVENUE AND EXPENDITURES: The Grantee agrees that a statement of revenue and expenditures, based on actual figures, will be submitted with each invoice in a format approved by the Commission upon completion -8- JUN -15-1999 14:58 MODOT MULTIMODAL 573 526 4709 P.10/14 of the project. The Grantee shall provide the Commission with a final invoice indicating the detailed costs, revenues and actual operating loss, when applicable, to the 5311 grant. Upon receipt of the final invoice, an audit will be performed by the Commission. (24) SOURCE OF COMMISSION FUNDS: The obligation of the Commission for financial assistance in the project is contingent upon this Agreement being approved by the Federal Transit Administration and the United States Department of Transportation, and upon federal funds being allocated to, and approved, for the project. (25) LACK OF WAIVER: In no event shall payment of grant funds to the Grantee by the Commission constitute or be construed as a waiver by the Commission of any breach of covenants, or any default which may exist on the part of the Grantee and the making of any such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission with the respect to such breach or default (26) SECURITY: The Grantee agrees that upon purchase with funds provided under this Agreement of any equipment for which a title certificate may be obtained or is required under the laws of Missouri that the Grantee will execute such documents as may be necessary to protect and secure a lien upon such equipment in favor of the Commission, if so requested by the Commission. Any and all fees required to be paid to secure and maintain said lien shall be paid by the Grantee. (27) CONTRACTS FOR PROVIDERS OF TRANSIT SERVICE: The Commission reserves the right to review and concur in the Grantee's specifications and advertisements for transit and professional services contracts prior to submission to prospective bidders. The Commission will concur in award of bid by the Grantee prior to the execution of this Agreement between the Grantee or any bidder. (28) BUY AMERICA: The Grantee agrees to abide by the provision of the Buy America requirements of the 49 CFR Part 661. (29) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. (30) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (31) 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. -9- JUN -15-1999 14:58 MODOT MULTIMODAL 573 526 4709 P.11i14 (32) 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 regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (33) 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, gift, 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 this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (34) 5311 STATE MANAGEMENT PLAN: The Grantee agrees to the terms and conditions of the Missouri Highway and Transportation Department's 5311 State Management Plan incorporated herein by reference. (35) CONFIDENTIALITY: The Grantee shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Grantee shall notify the Commission immediately of any request for such information. (36) DRUG AND ALCOHOL TESTING: The Grantee agrees to accept and abide by the terms and conditions of 49 CFR Parts 40, 651 and 653 mandating drug and alcohol testing. In the event the Commission agrees to subsidize the cost of such testing, the Commission does not agree to accept liability for damages or injury caused to Grantee, Grantee's agent or third parties. Grantee agrees to indemnify and hold the Commission harmless for damages and injuries resulting from actions of the Grantee and Grantee's agents. (37) RESTRICTION ON LOBBYING: The Grantee agrees to abide with the requirements of Section 1352 of Title 31, U.S.C. -10- JUN -15-1999 14:59 MODOT MULTIMODAL 573 526 4709 P.12/14 IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by Grantee this day of , 1999. Executed by the Commission this day of 1999. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION By CIN OF CAPE GIRARDEAU By Title Director, Multimodal Operations Title Attest: By Secretary to the Commission Approved as to Form: Commission Counsel ):kanvacfto*aWlt 6 sam -11- Attest: By Title JUN -15-1999 14:59 MODOT MULTIMODAL 573 526 4709 P.13i14 AR Mdnc • A APPLICATION FOR SECTION 5311 ASSISTANCE FROM JULY Is 1999 TO JUNE 309 2000 DATE: March 24, 1999 Applicant's Name: City of Cape Girardeau Contract Person: Street Address: 401 Independence Michael G. Miller P. O. Box 617 City Manager City: Cape Girardeau ZIP Code: 63702 Phone: County: Cape Girardeau (573) 334-1212 Description: This proposed project will enable the City of Cape Girardeau to continue the current taxi coupon transportation program at the level of 93,720 coupons available to program participants on a first come - first serve basis. PROPOSED OPERATING FUNDING: Federal (Section 5311) 170,545.00 Local 170,545.00 Total 341,070. >0'��Cicha7el G. Manager JUN -15-1999 14:59 MODOT MULTIMODAL 573 526 4709 P.14i14 :Aadlx - a PROJECTED BUDGET Project Period: July 1, 1999 - June 30, 2000 A. Total Operating Expenses 1. Project Administrative Costs 501.01.OA Administrative Salaries $ 45,000. 502.01.1A Fringe Benefits 11,250. 504.01.1A Office Supplies 2,200. 509.03 Advertising -Inn_ $ 58,750. 509.04.0 Cab Coupon Program S 1740980, OperatingExpenses $433,630. 2. Revenue a. Tickets Sold 5 y'.h4L1- Total Revenue $ 92,540. 3. Project Cost $341,090. 4. Local Share: 50% $ 170,545. (1) General Fund Section 5311 Fund Requested----) $ 170$45. Budset Prepared by: 1 G. Miller, City Manager TOTAL P.14