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HomeMy WebLinkAboutOrd.716.06-19-1989 BILL N0. 89-98 ORDINANCE N0. r ��P AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF CAPE GIRARDEAU, MISSOURI , TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 , AS AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU , MISSOURI, AS FOLLOWS: SECTION l . The City Manager is hereby authorized and directe d to execute a contract on behalf of the City of Cape Girardeau , Missouri , between the City and the Missouri Highway and Transportation Commission for a grant to operate a general public transportation project to be funded under Section 18 of the Urban Mass Transportation Act of 1964 , as amended, in the amount of $52 ,500 . 00 , for the year beginning July 1 , 1989 and ending June 30 , 1990 . SECTION 2. A copy of said agreement is attached hereto and made a part hereof as if fully incorporate d herein . SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS iq-Fh DAY OF �-f11n� ► 1989 • / ,.�,,,� . � J� �- rancis E. Rhodes , Mayor ATTEST: ,� 1� ie A. Dale, Dep�+� Ci�-,� Cle�-k Proj ect No . :1o18-x005 MISSOURI HIGHLJAY AND TRANSPOP,TATION COPIMISSION NONURBAP�IZED AREA PUBLIC TRANSPORTATION ASSISTANCE GRANT AGREEMEPdT THIS GRANT AGREEMENT is entered into by the tlissouri Highway and Transportation Commission (hereinafter Comr�ission) and the City of cape Girardeau (hereinafter , grantee) . LlITNESSETH: �JHEREAS, grantee has applied to Commission for a grant of funds made available to Commission under Section 18 of the Urban t-lass Transportation Act of 1964, as ar�ended , to defray a portion of the costs of a general publ i c transportation project carried out by grantee; and WHEREAS, the Cor�mission 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 ti�e purposes specified in grantee ' s application for Section 18 assistance (attached as appendix A) . N04J THEREFORE, in consideration of these mutual covenants , promises , and representations , the parties agree as follows : 1. Purpose and Source of Funds : The purpose of tl�is agreenent is to assist the grantee in financing the project 's expenses that are eligible for federal financial assistance . (a) P�et Operating Cost : �det operating cost is the total cost of operation less revenues received from the service provided . Such net oper- ati ng cost i s esti mated to be the ar�ount determi ned f rom grantee's proj ected operating budget (attached as part of appendix B) . The Commission will make a grant from available federai funds in the amount not to exceed 50� of the net operating cost in a manner consistent with the administrative rules of the U. S. Department of Transportation as contained in an Urban hlass Transportation Administration Circular 9040.1 dated September 26, 1983, and any other regulations ;ssued pursuant to the Urban P1ass Transportation Act , as amended (49 USC 1614) . The grantee r�ill provide funds from sources other than (a) unautho- rized restricted federal funds , (b) receipts from the use of the project facilities and equipment , or (c) revenues of the general public transporta- tion system in r�hich such facilities and equipment are used , in an amount sufficient , together with the grant pursuant to the agreement , to pay the actual operating cost . The operating portion of the grant under this agree- ment will not exceed 50% of the actual operating cost . (b) Capital Costs : Such capital costs are estimated to be the anount appearing in the grantee's estimated capital project budget (attached as part of appendix B) . The Commission a�ill make a grant from available federal funds in the amount not to exceed 80% of the capital costs in a manner consistent with the adrninistrative rules of the U. S. Department of Transportation as contained in UMTA Circular 9040.1 dated September 26, 1983, and any other regulations issued pursuant to the Urban tlass 7ransportation Act , as amended . The grantee will provide funds from sources other than (a) unautho- rized restricted federal funds , (b) receipts from the use of the project facilities and equipment, or (c) revenues of the general public transporta- tion syste� in which such facilities and equipment are used , in an a�nunt 2 sufficient together with the grant pursuant to this agreement , to pay the actual project cost . The grant under this agreement will not exceed 80% of the actual capital costs . 2. Scope of 4Jork and Budget : The grantee will undertake and com- plete the project specified in the approved project application and budget (appendixes A and B) . 3. Use of Project Facilities and Equipment : 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) . The grantee agrees to observe the property management standards as set forth in OP1B Circular A-102, Attachment N, or OMB Circular A-110, Attachment N, as appropriate, as nori or hereafter amended in order to protect the interest of the U. S. Department of Transportation . Exceptions to the requirements of Attachrnent P� must be specifically approved by the Commission. If during the period , any project facilities/equipment are not used in mass transportation service, whether by planned withdra��al or casualty loss , the grantee shall immediately notify the Commission and shall remit to the Corrmission 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 Corrpnission to the actual cost of the project . Fair market value shall be deemed to be the value of the prop- erty as determined by competent appraisal a't the time of such withdrawal fror� use of misuse, or the net proceeds from public sale, whichever is approved by Comnission . 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. 3 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 immediate- ly notify Co mnission in all cases in which project facilities/equipment are used in a manner substantially different from that described in the project description . The grantee shall maintain in amount and form satisfactory to the Commission such insurance as will be adequate to protect project facili - ties/equipment throughout the period of requireo use . 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 i n accordance wi th the terms of paragraph 3 of thi s agreer�ent and that no part of the local contribution to this cost of the project has been re- funded or reduced , except as authorized ahove. 4. Project Time Period : The project period shall be from July 1 , 1989 t0 June 30, 1990 5. Disputes : Any disputes of facts �rhich might develop as a result of this agreement shall be decided by the Corrmission . 6. Labor Protection : The grantee agrees to accept the terms and conditions of Section 13(c) of the Urban Ftass Transportation Act of 1964, as amended , absent a waiver by the U. S. Department of Labor. The grantee agrees that it is the exclusive party responsible under the terms of the Special Section 13(c) Warranty and that the state of Missouri , acting through Commission , assur�es no obligation under the terms of the Special Section 13(c) Warranty. The grantee shall be solely financially responsible for the applica- tion of the conditions of Section 13(c) . 4 7. Audits , Inspection and Retention of P.ecords : The Commission and the United States Department of Transportation , or any of their representa- tives , shall have full access to and the right to examine , during normal business hours and as often as the Corrmission or the U. S. Department of Transportation deems necessary, all of the grantee ' s records ��ith respect to all matters covered hy this contract . Such representatives shall be permit- ted to audit under the guidelines of Ot� Circular A-128 "Audits of State and Local Governments ," examine and make excerpts or transcripts from such records and other matters covered by this contract . Such rights shall last for three years beyond the longer of the follovring periods : (a) tf�e period during which any property acquired with funds provided pursuant to this con- tract is used for purposes for ��hicl� 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 ov�nership or possession of such property ; or (c) the end of the project time period speci - fied in �aragraph 4. All documents , papers , 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 paynent to facilitate any audits or inspections . 8. Property Hanagement Standards : The grantee ' s services rendered and reimbursable expenses incurred shall be those allo��able under the pro- visions of OP16 Circular A-87 , Federal Procure�ent Regulations (FRP) 1-15, and OMB Circular A-102 which are incorporated herein by reference. 9. Reports : The grantee shall advise the Conr�ission regarding the progress of the projects at such times and in such a r�anner as the Corrmission may require including but not limited to meetings and interir� reports . 5 10. Insurance ; The grantee shall maintain in amount and form satis- factory to Commission such insurance as 411 �� be adequate to protect it in case of accident . If permitted by law, grantee may maintain a self-insu�ance program in lieu of purchasing insurance coverage. Grantee shall verify com- pliance with this section by submitting a copy of its certificate of insur- ance , or if self-insured , a copy of its self-insurance plan . 11 . Claims : The grantee agrees to defend , indemnify, and hold harm- less the Commission , its agents and employees from any and all clai�s , de- mands, and actions arising fron the project. 12. Nondiscrimination Assurance: With re9ard to work under this agreement , grantee agrees as follows : - (a) Civil Rights Statutes : The grantee shall comply ti�ith 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 USC 2000 d , e) . (b) Executive Order: The grantee shall comply tiaith the provisions of the executive order executed by tf�e Honorable Christopher S. Bond , Governor of Missouri , on the tti�enty-eighth day of August , 1981, promulgating a code of fair practices in regard to nondiscrimination , which is incorporated herein by reference and �ade a part of this contract . This order prohibits discri - minatory employ�ent practices by grantee or their suhcontractors based on race , color, religion , creed , national origin , sex or age. (c) Administrative Rules : The grantee shall comply with the adninis- trative rules of the U. S. Department of Transportation relative to nondis- crimination in federally-assisted programs of the U. S. Department of Trans- portation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and nade a part of this contract . 6 (d) Nondiscrimination : The grantee shall not discriminate on grounds of the race, color, religion , creed , sex, national origin , or ancestry of any individual in the selection and retention of subcontractors , including pro- curement of materials and leases of equip�ent . The grantee shall not parti - cipate 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 t1ateri - al and Equipment : These assurances concerning nondiscrimination also apply to subcontractors and suppliers of grantee. In all solicitations either by competitive bidding or negotiation nade by the grantee for work to be per- formed under a subcontract including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by tl�e grantee of the requirements of this agreement relative to nondiscrimination on grounds of the race , color , religion , creed , sex, national origin or ancestry of any individual . (f) Information and Reports : The grantee shall provide all informa- tion and reports required by the contract , or orders and instructions issued pursuant thereto , and v�ill permit access to its books , records , accounts , other sources of infor�ation , and its facilities as rnay be determined by the Commission or the U. S. Department of Transportation to be pertinent to as- certain compliance a�ith other such contracts , orders , and instructions. IJhere any information required of the grantee is in the exclusive possession of another a�ho fails or refuses to furnish this information , the grantee shall so certify to the Commission or the U. S. Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the in- formation. 7 (g) Sanctions for Noncompliance : In the event the grantee fails to comply with the nondiscrimination provisions of this contract , the Corriission shall impose such contract sanctions as it or the U. S. Departrnent of Trans- portation may determine to be appropriate, including but not lirnited to : (1 ) withholding of payments to the grantee under the contract until the grantee complies ; and/or (2) cancellation , termination or suspension of the contract , in whole or in part . (h) Incorporation of Provisions : The grantee shall include the ^��- visions of paragraph 12 (a) of this agreer�ent in every subcontract , including procurements of materials and leases of equipment , unless exempted by tl�e statutes , executive order, administrative rules , or instructions issued by Cor�mission or the U. S. Department of Transportation pursuant thereto . The grantee will take such action with respect to any subcontract or procurement as the Commission or the U. S. Department of Transportation may direct as means of enforcing such provisions , including sanctions for noncompliance; provided , however , that , in the event the grantee becomes involved in , or is threatened with, litigation with a subcontractor or supplier as a result of such direction , the grantee r�ay request the Commission to intervene in such litigation to protect the interests of the Conmission , and , in addition, the grantee may request the United States to enter into such litigation to pro- tect the interests of the United States . 13. Section 504 Assurances : The grantee shall comply with all the requirements imposed by Section 504 of the P,ehabilitation Act of 1973 (29 USC 790 et seq) and the administrative rules of the U. S. Department of Transpor- tation (49 CFR Subtitle A, Part 27) . 8 14. Disadvantaged Business Enterprise : Grantee agrees to prepare and submit for Commission approval a Disadvantaged Business Enterprise plan as defined in 49 CFR Part 23 dated July 21 , 1983 if grantee receives total of $250,000 or more of financial assistance from the U. S. Department of Trans- portation , Urban �1ass Transportation Administration. 15. Interest of �lembers of or Delegates to Congress : No mer�ber of or delegate to the Congress of the United States shall he admitted to any share or part of this contract or to any henefit arising therefror�. 16. Charter and School Bus Provision : The grantee shall not provide charter or sightseeing services outside its service area as defined in the approved application for Section 18 assistance (appendix A)_ �+ith equipment purchased with project funds . Within the service area, charter and sight- seeing services may only be provided on an incidental basis . " Incidental " is defined as those operations r�hich do not interfere with regular service as proposed i n the proj ect appl i cati on. The fol l owi ng uses are presur�ed not to he incidental : (a) a�eekday charters which occur during peak rush hours ; (b) r�eekday ci�arters whi ch requi re vehi cl es to travel more than 50 r�i 1 es beyond the service area; (c) vieekday cfiarters which require the use of a particular vehicle for ►nore 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 pri - vate school bus operators with project equipment . 17. Reimbursement : (a) Net Operating Cost : The Commission , using funds r�ade available to it from the grant r�ade to it by the U. S. Department of Transportation , shall reimburse grantee for 509', of the net operating cost described in para- graph 1 (a) of this agreement; provided , however, in no event shall the total 9 amount reimbursed by the Commission for net operating cost exceed the maximun federal share of $ �� _ �00 (b) Capital Expenses : The Co�mission using funds made available to it from the grant �ade to it by the U. S. Department of Transportation , shall reimburse grantee for 80% of its allo��able capital expenses incurred in carrying out the project described in paragraph 1 (b) of this agreement; provided , however , in no event shall the total amount reimbursed hy the Con- mission for capital expenses exceed the rnaximum federal share of $ -0- 18. Payment : Progress payments , based upon actual allowable costs , for not less than one (1 ) month r�ay he made upon receipt of _an itemized in- voi ce f rom the grantee. The i ter�i zed i nvoi ce shal 1 be rev i er�ed by the Com- mission prior to payment . A retainage of five (5) percent of the approved invoice cost will be withheld fror� each requisition until the project is completed , accepted, and the final audit has been r�ade . Any costs deer�ed ineligible for reimbursement by the Cor�mission in accordance with the terms of this agreement shall be deducted from the retainage hefore final payment is made. Any rejected or unaccepted costs shall be borne by the grantee. 19. Reir�bursement Conditions : Reimbursement hy ti�e Commission is subject to the following conditions : (a) Financial summaries submitted to the Conmission must include a certification that costs have been incurred in the perforr�ance of the con- tract and a record of the actual costs . (b) Reimbursement will he r�ade by the Cor�mission on an incremental basis . Reimbursement is subject to approval by the Commission . All requisi- tion forms shall be in an appropriate format approved by the Commission. 10 (c) Requisitions requesting reimbursement for operating expenses shall be in accordance with the approved projected operating budget (appendix B) . (d) Requisitions requesting reimbursement for capital expenses shall be in accordance with the approved estimated capital project budget (appendix B) . (e) The grantee shall not be reimbursed for any expenses incurred prior to or after the project period . Post audit activities will be con- ducted by the Conmission . 20. Ar�endr�ents : Thi s ag reenent r�ay be modi f i ed f rom ti me to ti me but only by written agreeinent of the parties . - 21. Subcontracts : None of the project activities described in ap- pendixes A or B shall be subcontracted ��ithout the prior v�ritten consent of the Cor�mission . All subcontracts shall be subject to the terms and condi- ti ons of thi s agreement . The grantee, hoV�ever, shal l rer�ai n responsi bl e for the proper completion of the project nonwithstanding any subcontract . 22. Termination : This agreement may be terminated upon any of the following conditions : (a) If, through any cause , the grantee shall fail to fulfill in a tir�ely and proper r�anner its obligations under this agreer�ent, or if the grantee shall violate any of the covenants , agreer�ents , or stipulations con- tained herein , the Commission shall have the right to terminate this agree- roent if such default or violation is not corrected within twenty (20) days after written notice is sent to the 9rantee describing such default or viola- tion. 11 (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 ineeting the Commission' s obligation hereunder. The Commission will provide written notice of such termination to the grantee at least five 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 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 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 Section 18 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 Urban Mass Transportation Administration and the U.S. Department of Transportation, and upon federal funds being allocated to, and approved, for the project. 25. Lack of Waiver: In no event shall the making of the Commission of any payment of grant funds to the grantee ,� 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. Securitv: 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 it 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 . Purchase of Pro-iect Ectuipment and Contracts for Providers of Transit Service: Commission reserves the right to procure all new vehicles on behalf of grantee unless waived. Commission reserves the right to review and concur in the grantee' s specifications and advertisement for purchase of transit services, used and/or leased vehicles, other capital equipment estimated to cost more than $1, 000. 00 and professional services contracts prior to submission to prospective bidders. Commission will concur in award of bid by grantee prior to execution of agreement between the grantee and any bidder. 28 . Buv America: Grantee agrees to abide by the provision of the Buy America requirements of the Urban Mass Transportation Act of 1964 , as amended, and applicable federal regulations (49 CFR Part 661) . 29 . Vehicle Disposition Request to Dispose of Vehicle(s) or Equipment: Grantees are required to submit a written request for an inspection of the vehicle(s) or equipment they wish to dispose of, to be conducted by the MHTD Transit. staff. This inspection will determine if the useful life of the vehicle (s) or equipment has been reached. Minimum standards for vehicle useful life are listed below: Vans - straight or modified 100, 000 miles Mini-buses - 100, 000 School buses - 150 , 000 Disposition Procedure: A grantee 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, including advertised sealed bids, auto auction or the average of three competent appraisals. 2 . A vehicle may be sold by the grantee to itself. In this case the implicit price to be paid by the grantee will be the average wholesale value of the vehicle as specified in the most recent National Automobile Dealers Association (NADA) Official Used Car Guide. Division of Disposition Proceeds: If a vehicle is sold outright to a third party, the grantee may retain 20� of the proceeds plus $100. The balance must be paid to the department within 10 working days. �� If a grantee sells a vehicle to itself the grantee must pay 80% of the NADA wholesale value to the department within 10 working days. Use of Disposition of Proceeds by MHTD: The department will use the disposition proceeds paid to it to supplement the Section 18 Program in vehicle rehabilitation, spare parts acquisition and equipment upgrading. Replacement of Disbosed Equipment: Vehicle(s) or equipment disposed of before requesting replacement by application for federal funding will not be considered eligible for replacement at a future time. 29 . 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 chief engineer is also authorized by the Commission to execute on their behalf any amendments to the agreement. IN WITi�ESS WNEREOF, the parties have entered into this agreement on the last date written below. Executed by grantee this day of � lg Executed by Corrmission this day of lg � t1ISS0URI HIGH1dAY AND TRANSPORTATION COHt1ISSI0N GRANTEE By By - Title Title Attest : Attest : Secretary By Title Approved as to Form : Approved as to Form; Counse Title Ordi nance No . 15 APPENDIX A APPLICATIOiI FOR SECTION 18 ASSISiA:v'CE FRO*1 JULY 1 , ]989 TO JUNE 30, ]990 DATE: STATE PROJECT NUMBER: Applicant 's Name: City of Cape Girardeau Contact Person: Street Address : 401 Independence J. Ronald Fischer City Manager City: Cape Girardeau ZIP Code : 63701 Phone : County: Cape Girardeau (314)334- 1212 Description: This proposed project wi11 enable the City of Cape Girardeau to continue the current taxi coupon transportation program at the present level of 77,280 coupons available to program participants on a first come - first served basis. PROPOSED PENDING: Federal �Section ]8) $52,500.00 Local $53,340.00 ��r/l /iU'� Total $105,840.00 J. Rnnald Fischer, City Manager APPE?vDIX B PROJECTED OPERATING BUDGET Period Ccvered Julv 1 , 1989 - June 30 , 1990 1 . Total Operatinq Expenses a . Ticket Subsidy $ 193 , 200 . 00 2 . Less Ineligible Expenses -0- 3 . Eliqible Operating Expenses $ 193 , 200 . 00 4 . Total Passenqer and Other Revenue a . Ticket Sales $ 87 , 360 . 00 5 . Net Project Cost � 105 , 840 . 00 6 . Applicant ' s Share a . Contribution from City ' s general $ 53 , 340 . 00 fund 7 , Section 18 Funds Requested $ 52 ,500 . 00 Budget Prepared By � / ,-�-c_cs�(..t%l '^ -�/' ^.c��.. /� ,J�. Ronald Fischer , City f9anager ✓ NOTE : Figures above are continaent on lowest and best bid obtained. Current contract price is �2 . 50 per coupon redeemed by the Taxi Coupon Contractor . APPE:IDIX B PROJECTED BUDGET Period Covered July 1 , 1989 - June 30 , 1990 * Net administrative costs � -�- Net operatinq coscs 508 . 01 Purchase of Service 105 , 840 . 00 Total project costs 105 , 840 . 00 tGeneral Fund & Sec . 18 Subsidy ) Net applicant share 53 , 340 . 00 Section 18 share 52 , 500 . 00 Budge 't Prepared By . //� � ., �I' ,�a,C�/'t" -�/'���..: . Ronald Fischer , City Manager * The City will not request funds for administrative costs this fiscal year in order to direct all available Section 18 funding toward increased program operating costs .