Loading...
HomeMy WebLinkAboutOrd.334.06-04-1986 ti � w/ BILL N0. 86-73 ORDINANCE N0. �-� AN ORDINANCE ACCEPTING A GRANT OF FUNDS FROM THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION TO DEFRAY A PORTION OF THE COSTS OF THE CITY ' S TAXI COUPON TRANSPORTATION PROGRAM AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE COMMISSION WHEREAS, the City of Cape Girardeau has been operating a public taxi coupon transit program to supply transportation for senior citizens, the handicapped and the general public; and WHEREAS, the City desires to continue the taxi coupon transportation program; and WHEREAS, the City has applied to the Missouri Highway and Transportation Commission for a grant of funds made available to the Commissi�n under Section 18 of the Urban Mass � Transportation Act of 1964 , as amended, to defray a portion of the costs of the taxi coupon transportation program; and WHEREAS, the Commission has awarded funds available pursuant to the Act to the City with the understanding that such funds will be used for the taxi coupon transportation program pursuant to the terms of the proposed Grant Agreement attached to this Ordinance and made a part hereof; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City of Cape Girardeau, Missouri , hereby accepts the Missouri Highway and Transportation Commission grant of funds, in an amount not to exceed $52 ,500 . 00 , for the purpose of defraying a portion of the operating costs of the taxi coupon transportation program. SECTION 2 . The City Manager, on behalf af the City of Cape Girardeau, Missouri , is hereby authorized to enter into a Grant Agreement with the Missouri Highway and Transportation Commission , a copy of which is attached to this Ordinance and made a part hereof . �-►, � SECTION 3 . This ordinance shall be in full force and effect ten days after its passage and approval . ,' /� PASSED AND APPROVED THIS � DAY OF � �.-,t.w , 1986 . �. -�" �-,r.` - . �� ` ' —`//i/',' % ' � �"�',r� r<<_� /� �� rancis E. Rhodes , Mayor ATTEST: � Alvin M. Stoverink , City Clerk � � ^, Project No. MO-18-X005 MISSOURI HIGH4JAY AND TRANSPORTATION COP�P1ISSION NONURBANIZED AREA PUBIIC TRANSPORTATION ASSISTANCE GRANT AGREEP1ENT THIS GRANT AGREEMENT is entered into by the P�1issouri Highway and Transportation Coromission (hereinafter Commission) and ci ty of Cape Girardeau (hereinafter, grantee) . WITNESSETH: WHEREAS, grantee has applied to Commission for a grant of funds made available to Corrmission under Section 18 of the Urban P1ass Transportation Act of 1964, as amended , to defray a portion of the costs of a gene�al public transportation project carried out by grantee; 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 grantee's application for Section 18 assistance (attached as appendix A) . NOW TNEREFORE, in consideration of these mutual covenants, promises, and representations, the parties agree as follows : l. 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 oper- ating cost is estir�ated to be the amount determined frorn grantee's projected operating budget (attached as part of appendix B) . � � ,.1 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 administrative rules of the U. S. Department of Transportation as contained in an Urban P1ass Transportation Administration Circular 9040.1 dated September 26, 1983, and any other regulations issued pursuant to the Urban Mass Transportation Act , as amended (49 USC 1614) . 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 system in which 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 50qo of the actual operating cost. ^ (b) Capital Costs : Such capital costs are estimated to be the a�ount appearing in the grantee's estimated capital project budget (attached as part of appendix B) . The Commission will make a grant from available federal funds in the amount not to exceed 80q of the capital costs in a manner consistent with the administrative rules of the U. S. Department of Transportation as contained in UMTA Circular 9040.1 dated Septernber 26, 1983, and any other regulations issued pursuant to the Urban �1ass Transportation 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 system in which such facilities and equipment are used , in an amount � 2 � sufficient together with the grant pursuant to this agreement , to pay the actual proj ect cost . The grant under thi s agreement wi 11 not exceed 80� of the actual capital costs . 2. Scope of Work 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 p�operty management standards as set forth in OP16 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 U. S. Department of � Transportation . Exceptions to the requirements of Attachment N 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 withdrawal or casualty loss, the grantee shall immediately notify the Comnission 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 Commission to the actual cost of the project . Fair market value shall be deemed to be the value of the prop- erty as determined by cor�petent appraisal at the time of such withdrawal fror� use of misuse , or the net proceeds frorn public sale, whichever is approved by Commission . In the event of loss due to casualty or fire , the damages paid by the insurance carrier or payable frori 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 conpliance with this section and shall immediate- 1y noti fy Corrmi ssi on i n al l cases i n whi ch proj ect faci 1 i ti es/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 required 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 in accordance ��ith the terms of paragraph 3 of this agreement and that no part of the local contribution to this cost of the project has been re- funded or reduced, except as authorized above. � 4. Proj ect Ti me Peri od : The proj ect peri od and the peri od of thi s agreement shall be from July l, 1986 � to June 30, 1987 , 5. Disputes : Any disputes of facts which might develop as a result of this agreement shall be decided by the Conmission . 6. Labor Protection : The grantee agrees to accept the terms and conditions of Section 13(c) of the Urban F1ass 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 Conmission , assumes no obligation under the terms of the Special Section 13(c) 4Jarranty. 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 Records : 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 with respect to all matters covered by this contract . Such representatives shall be permit- ted to audit under the guidelines of OMB Circular A-102 "Uniform Administra- tive Requirements for Grant-In-Aid to 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 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 involv- � ing 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, papers , accounting records and other material pertaining to costs incurred in connection with the project shall be retained by the grantee for three years fror� the date of final payment to facilitate any audits or inspections . 8. Property tlanagement Standards : The grantee's services rendered and reimburseable expenses incurred shall be those allowable under the pro- visions of Federal Management Circular (F�tC) 74-4, Federal Procurement Regu- 1 ati ons ( FRP) 1-15, and OP16 Ci rcul ar A-102 ��hi ch are i ncorporated herei n by reference. 9. Reports : The grantee shall advise the Co�mission regarding the progress of the projects at such tir�es and in such a manner as the Commission � may require including but not limited to meetings and interim reports . 5 "�'` 10. Insurance: The grantee shall maintain in amount and form satis- factory to Commission such insurance as will be adequate to protect it in � case of accident . If permitted by law, grantee may maintain a self-insurance program in lieu of purchasing insurance coverage. Grantee shall verify com- pl i ance wi th thi s secti on by submitti ng a copy of its certi fi cate of i nsur- 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 claims, de- mands, and actions arising from the project. 12. Nondiscrimination Assurance : With regard to work under this agreement , grantee agrees as follows : (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 USC 2000 d, e) . (b) Executive Order: The grantee shall comply with the provisions of the executive order executed by the Honorable Christopher S. Bond, Governor of Plissouri , on the twenty-eighth day of August , 1981, promulgating a code of fair practices in regard to nondiscrimination , which is incorporated herein by reference and made a part of this contract . This order prohibits discri- minatory employr�ent practices by grantee or their subcontractors based on race , color, religion , creed , national origin , sex or age. (c) Administrative Rules : The grantee shall comply with the adminis- trative rules of the U. S. Department of Transportation relative to nondis- crimination in federally-assisted prograr�s of the U. S. Department of Trans- portation (49 CFR Subtitle A, Part 21) which are herein incorporated by � reference and made 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 equipr�ent . The grantee shall not parti- cipate either directly or indirectly in the discrimination prohibited by 49 CFP. Subtitle A, Part 21, Section 21.5 including employment practices. (e) Solicitations for Subcontracts, Including Procurements of P1ateri- al and Equipment : These assurances concerning nondiscrimination also apply to subcontractors and suppliers of grantee . In all solicitations either by competitive bidding or negotiation made 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 the grantee of the requirements of this agreement relative to nondiscrir�ination on grounds � of the race , color, religion , creed , sex, national origin or ancestry of any individual . (f) Information and Reports : The grantee shall pr•ovide all informa- tion and reports required by the contract, or orders and instructions issued pursuant thereto, and will permit access to its books , records , accounts , other sources of information , and its facilities as r�ay be determined by the Commission or the U. S. Department of Transportation to be pertinent to as- certain compliance with other such contracts, orders , and instructions . lJhere any information required of the grantee is in the exclusive possession of another who fai 1 s or refuses to furni sh thi s i nforr�ati on , the grantee shal l so certify to the Commission or the U. S. Department of Transportation as appropriate and shall set forth ��hat 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 Commission . shall impose such contract sanctions as it or the U. S. Department of Trans- portation may determine to be appropriate, including but not limited 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 pro- visions of paragraph 12 (a) 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 Commission 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, tliat , 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 may request the Commission to intervene in such litigation to protect the interests of the Commission , 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 Rehabilitation 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 r-. 14. Disadvantaged Business Enterprise: Grantee agrees to prepare and submit for Comnission 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 Mass Transportation Administration . 15. Interest of P1embers 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 approved application for Section 18 assistance (appendix A) with 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 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 YlI11Cfi 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 pri- vate school bus operators ��ith project equipment . 17. Reimbursement : (a) Net Operating Cost : The Commission , using funds made available to it from the grant rnade to it by tiie U. S. Department of Transportation , shall reimburse grantee for 50qo 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 maximum federal share of $ 52, 500. 00 , (b) Capital Expenses : The Commission using funds made available to it from the grant made to it by the U. S. Department of Transportation , shall reimburse grantee for 80� of its allowable 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 by the Com- mission for capital expenses exceed the maximum federal share of $ -0- 18. Payment : P�ogress payments, based upon actual allowable costs, for not 1 ess than one (1) rnonth r�ay be made upon recei pt of an i temi zed i n- voi ce from the grantee. The itemi zed i nvoi ce shal l be rev ier�ed by the Com- mi ssi on pri or to payment . A retai nage of f i ve {5) percent of the approved �. project cost Yaill be withheld from the final requisition(s) until the project is completed, accepted, and the final audit has been made . Any costs deemed i nel i gi bl e for rei mbursement by the Comr,ii ssi on i n accordance wi th the terms of this agreement shall be deducted from the retainage before final payr�ent is made. Any rejected or unaccepted costs shall be borne by the grantee . 19. Reimbursement Conditions : Reimbursernent by the Commission is subject to the following conditions : (a) Financial sur�r�aries subr�itted to the Conmission must include a certification that costs have been incurred in the performance of the con- tract and a record of the actual costs . (b) Reimbursement will be made by ti�e Comr�ission on an incremental basis . Reimbursement is suhject to approval by the Conmission . 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 Commission. 20. Amendments : This agreement may be modified from time to time but only by written agreement of the parties. 21. Subcontracts : None of the project activities described in ap- ^ pendixes A or B shall be subcontracted without the prior written consent of the Commission. All subcontracts shall be subject to the terms and condi- tions of this agreement. The grantee, however, shall remain responsible 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 timely and proper manner its obligations under this egreement, or if the � grantee shall violate any of the covenants , agreements; or stipulations con- tained herein , the Commission shail have the right to terminate this agree- ment if such default or violation is not corrected within twenty (20) days after written notice is sent to the grantee 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 pu�pose of ineeting the Commission's pbligation 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 com- � pletion of the project, the grantee shall p�ovide the Corrmission 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 P1ass Transportation Administration and the U. S. Department of Transportation , and upon federal funds being allocated to, and approved, for the proj ect . 25. Lack of Waiver: In no event shall the naking by the Commission of any payment of grant funds to the grantee constitute or be construed as a waiver by the Conmission 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 siiall in no way im- pai r or prej udi ce any ri ght or remedy avai 1 abl e to ti�e Corr�ni ssi on wi th the 12 � respect to such breach or default. 26. Securit : 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 exe- cute 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 Project Equipment and Contracts for Providers of Transit Service: Commission reserves the right tu 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 esti- mated to cost more than $1,000.00 and professional services contracts prior to submission to prospective bidders. Corrmission will concur in award of bid by grantee prior to execution of agreement between the grantee and any bid- der. 28. Buy America : Grantee agrees to abide by the provision of the Buy America requirements of the Urban P1ass Transportation Act of 1964, as amended, and applicable federal regulations (49 CFR Part 661) . Grantee agrees that federal funds provided will not be obligated for mass transporta- tion projects unless steel , cer;�ent , and rnanufactured products used in such projects are produced in the United States . There are four exceptions to thi s basi c requi rement . Fi rst , the requi rement wi 11 not appl y i f its appl i- cation is not in the public interest . Second , the requirement will not apply ,�, 13 � if the material and products being produced are not produced in the United States in sufficient and reasonably available quantities and of a satisfac- � tory quality. Third, the requirement will not apply in a case involving the procurement of buses and other rolling stock (including train control , cortmu- nication, and traction power equipment) if the cost of components which are produced in the United States is more than 50 percent of the cost of all components of the vehicles or equipment , and if final assembly takes place in the United States. Fourth, the requirement will not apply if the inclusion of domestic material will increase the overall project contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stock and 25 percent in the case of all other projects. /'1 ��'1 14 /� - IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by grantee this day of , 19 . Executed by Corrmission this day of , 19 P1ISSOURI HIGH4JAY AND TRANSPORTATION COPI�IISSIO�J GRANTEE City o� Cape Girardeau By gy Title Title �. Attest : Attest : By Secretary Title Approved as to Form: Approved as to Form: Counse Title Ordi nance No. � 15 r � APPENDIX A � APPLICATION FOR SECTION 18 ASSISTANCE FROM JULY 1, 1986 to JUNE 30, 1987 DATE: �tay 9, 1986 STATE PROJECT NUitBER: Applicant 's Name : City of Cape Girardeau Contact Person: Street Address: 401 Independence St. Gary A. �Eide City Manager City : Cape Girardeau Phone: ZIP Code: 63701 . (314) 334-1212 County: Cape Girardeau Description: ,�. � This proposed project will 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 serve basis. PROPOSED FUNDING: Federal Section 18 52 500.00 Local $ 55,860.00 �1 TOTAL � � $108,360.00 c� ,C'� � C_<_ , Gary A. Eid , City Manager � �� � 1 ^ PROJECT DESCRIPTION In 1981 the City of Cape Girardeau , Missouri undertook a public transit project to supply transportation primarily to senior citizens and the handicapped. These targeted population groups were perceived as having the greatest need in initiating the program. The public transit project consisted of a taxi-coupon transit program. Under this program elderly and handicapped people purchased subsidized taxi-coupons at a price of $1 . 00 per coupon. The City paid $2 . 25 per coupon for each coupon redeemed from the local taxi-cab company. Therefore, the City was providing a subsidy of $1 .25 from its own general revenue. Each coupons is good for one ( 1 ) one-way ride to any place � within the city limits or to the Nutrition Center just outside the city limits . It is anticipated for the first time in four ( 4 ) years the City will experience a price increase from the transit service provider . This price increase is anticipated to be $ . 25 per coupon or $2 .50 per coupon from $2 . 25 per coupon. With Section 18 funding obtained in 1983 , the City taxi coupon program was expanded to allow more elderly and handicapped to buy taxi-coupons , and to allow nonelderly and nonhandicapped people to participate for the first time. The program was continued in 1984-85 and 1985-86 . The Section 18 assistance requested for the 1986-87 fiscal year will enable the City to maintain its taxi coupon program at its current � level of 77 , 280 coupons available per year . r � APPENDIX B � ESTIMATED OPERATING PROJECT BUDGET Period Covered July 1, 1986 - June 30, 1987 1 . Total Operating Expenses a. Ticket Subsidy $ 193,200. 00 2. Less Ineligible Expenses -p- 3. Eligible Operating Expenses 193,200. 00 4. Total Passenger and Other Revenue a. Ticket Sales 84,840.00 5. Net Project Cost 108, 360. 00 6. Applicant's Share a. Contribution from City's General Fund 44,520. 00 b. Contribution from In-Kind Services 11, 340. 00 � 7. Section 18 Funds Requested 52,500. 00 Budget Prepared By �{, . ���� Gary A. E' e, City Manager NOTE: Figures above are contingent on lowest and best bid obtained. �