Loading...
HomeMy WebLinkAboutOrd.236.05-15-1985 +w : L � `�-' -`, ,/ BILL N0. 85-41 ORDINANCE N0. - % !`.�r; AN ORDINANCE ACCEPTING A GRANT OF FUNDS FROM THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION TO DEFRAY A PORTION OF THE COSTS OF THE CITY OF CAPE GIRARDEAU, MISSOURI, 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 Commission under Section 18 of the Urban Mass �' Trans ortation Act of 1964, as amended, to defra a p y 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 $44 , 520, for the purpose of defraying a portion of the operating costs of the taxi coupon transportation program and in an amount not to exceed $9 , 478, for the purpose of defraying a portion of the administrative, capital and other non-cperating costs of the taxi coupon transportation program. SECTION 2. The City Manager , on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a Grant Ac}reement 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 �� '����. ;` , 1985 . � ���a�/L.� ��� 6/'--r-�.__ Howard C. Tooke, Mayor ATTEST: . - . , f' _ � � �� Evelyn G. � LeGrand Deputy City Clerk � �� � Project No. ri0-18—X004 CG MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION NONURBANIZED AREA PUBLIC TRANSPORTATION � ASSISTANCE GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highwa}� and Trans- portation Commission (hereinafter, Commission) and City of Cape ('�irardeau (hereinafter, grantee). WITNESSETH: WI�REAS, grantee has applied to Commiseion for a grant of funds made available to Commission under Section 18 of the Urban Mass Transportation Act of 1964, as amended, to defray a portion of the costs of a general public transportation pro�ect 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 pro�ects pursuant to this agreement for the purposes specified in grantee's application j^ for Section 18 assistance (attached as appendix A). NOW THEREFORE, in conside.ration 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 grantee's projected operating budget (attached as part of appendix B) . The Co�nission 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 Mass Transportation Administration Circular 9040.1 dated September 26, � 1983, and any other regulations isaued pursuant to the Urban Mass Transportation Act, as amended (49 USC 1614). The grantee will provide funds from sources other than (a) unauthorized restricted f�deral funds, (b) receipts from the use of the pro�ect facilities and equipment, or (c) revenues of the general public transportation system in which such facilities and equigment are used, in an amount sufficient, together with the grant pursuant to the agreement, to pay the actual operating coet. The operating portion of the grant under this agreement will not exceed SOX of the actual operating cost. (b) Administrative, Capital and Other Capital/Administrative Costs: Such administrative, capital and other capital/administrative costs are estimated to be the amount appearing in the grantee's estimated capital/administrative pro�- ect budget (attached as part of appendix B) . ^ The Commission will make a grant from available federal funds in the amount not to exceed 80X of the administrative, capital and other capital/ administrative costs in a manner consistent with the administrative 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 Mass Transportation Act, as amended. The grantee will provide funds from sources other than (a) unauthorized restricted federal funds, (b) receipts from the use of the pro�ect facilities and equipment, or (c) revenues of the general public transportation syst�n in which such facilities and equipment are used, in an amount sufficient together with the grant pursuant to this agreement, to pay the actual pro�ect cost. The grant under this agreement will not exceed 80% of the actual administrative, capital or other capital/administrative costs. � 2 � 2. Scope of Work and Budget: The grantee will undertake and complete the pro�ect specified in the approved pro�ect application and budget (appendixes A and B) . 3. Use of Pro�ect 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 pro�ect deacription' (appendix A). 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 U. S. Department of Transportation. Exceptions to the requirements of Attachment N must be specifically approved by Co�ission. 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 Coammission to the actual cost of the pro�ect. 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 of misuse, or the net proceeds from 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 from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. 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 Commission in all cases in which project facilities/equipment are used 3 .-. in a manner aubatantially different from that deacribed in the pro�ect descrip- tion. The grantee shall maintain in amount and form satisfactory to the Com- mission such insurance as will be adequate to protect project facilities/equip- ment throughout the period of required use. Ttie grantee shall also submit to the Commission at the beginning of each calendar year during such period, a certification that the pro�ect facilities/equipment are still being used ia accordance with the terms of paragxaph 3 of this agreement and that no part of the local contribution to this cost of the pro�ect has been refunded or reduced, except as suthorized above. 4. Pro�ect Time Period: The project period and the period of this agree- ment shall be from July 1 , 1985 to June 30, 1986 5. Disputes: Any disputes of facts which might develop as a result of this agreement shall be decided by the Commission. '"'' 6. Labor Pratection: The grantee agrees to accept the terms and con- ditions of Section 13(c) of the Urban Mass 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 Co�mmission, assumes no obligation under the terms of the Special Section 13(c) Warranty. The grantee shall be solely financially responsible for the application of the conditions of Section 13(c). 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 Coammission or the U. S. Depa7rtment of Transportation �`' deems necessary, all of the grantee's records with respect to all matters covered 4 � by this contract. Such representatives ahall be permitted to audit under the guidelines of OMB Circular A-102 "Uniform Administrative Requirements for Grant- In-Aid to State and Local Governments," exami.ne 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 ia 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 pro�ect time period specified in paragraph 4. All docimments, papers, accounting records and other material pertaining to costs incurred in connection with the pro�ect 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 provisions of Federal Management Circular (FMC) 74-4, Federal Procur�ent Regulations (FRP) 1-15, and OMB Circular A-102 which are incorporated herein by reference. 9. Reports: The grantee shall advise the Co�nission regarding the prog- ress 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 Commission such insurance as will be adequate to protect it in case of acci- dent. If permitted by law, grantee may maintain a self-insurance program in lieu of purchasing insurance coverage. 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. Claims: The grantee agrees to de�end, indemnify, and hold harmless 5 � the Commission, its agents and employees from any and all claims, demands, and actions arising from the pro�ect. 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 provisiona of the executive order executed by the Honorable Christopher S. Bond, Governor of Missouri, 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 employment 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 administra- tive rules of the U. S. Department of Transportation relative to nondiscrimina- tion in federally-assisted programs of the U. S. Department of Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made a part of this contract. (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 equipment. The grantee shall not partici- pate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5 including employment practices. � 6 (e) Solicitations for Subcontracts, Including Procurements of Material r-� and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of grantee. In all solicitations either by com- petitive 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 sha11 be notified by the grantee of the requirements of this agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex or national origin or ancestry of any individual. (f) Information and Reports: The grantee shall provide all information 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 may be determined by the Co�ission or the U. S. Department of Transportation to be pertinent to ascertain compliance ,� with other such contract, orders, and instructions. Where any information re- quired of the grantee is in the exclusive possession of another who 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 information. (g) Sanctions for Noncompliance: In the event the grantee fails to com- ply with the nondiscrimination provisions of this contract, the Commission shall impose such contract sanctions as it or the U. S. Department of Transportation 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 provisions of paragraph 12 (a) of this agreement in every subcontract, including procurements .� of materials and leases of equipment, unless exempted by the statutes, executive 7 .-� order, administrative rules, or instructions issued by Commiseion or the U. S. Department of Transportation pursuant thereto. The grantee will take such action with respect to any subcontract or procurement. as the Co�nission 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 sub- contractor or auppller as a result of such direction, the grantee may request the Commieaion to intervene in such litigation to protect the interests of the Commisaion, and, in addition, the grantee may request the United States to enter into such litigation to protect the interests of the United States. 13. Section 504 Assurances: The grantee shall comply with all the require- ments imposed by Section 504 of the Rehabilitation Act of 1973 (29 USC 790 et seq) and the administrative rules of U. S. Department of Transportation (49 CFR Sub- '"' title A, Part 27). 14. Disadvantaged Business Enterprise: Grantee agrees to prepare and sub- mit 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 Transportation, Urban Mass Transportation 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 o� to any benefit azising thezefrom. 16. Charter and School Bus Provision: The grantee shall not provide charter or sightseeing services outside its service area as def ined in the approved application for Section 18 assistance (appendix A) with equipment pur- chased with project funds. Within the service area, charger and sightseeing '� services may only be provided on an incidental basis. "Incidental" is defined 8 �,,,� 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 aervice day. The grantee shall not engage in echool bua operations excluaively for the transpoxtation of studenta and school personnel in coapetition with private school bus operators with pro�ect equipment. 17. Reimbursement: (a) Net Operating Cost: The Commission, using funds made available to it from the grant made to it by the U. S. Department of Transportation, shall reim- burse grantee for 50X of the net operating .cost described in paragraph 1 (a) 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 $ 44, 520 . 00 (b) Administrative, Capital and Other Non-operating bcpenses: The Co�is- sion 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 administrative, capital and other non-operating expenses incurred in carrying out the pro�ect described in paragraph 1 (b) of this agr�ement; provided, however, in no event shall the total amount reimbursed by the Commission for administra- tive, capital and other non-operating expenses exceed the maximum federal share of $ 9, 478. 00 18. Payment: Progress payments, based upon actual allowable cost, 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. 9 � A retainage of five (S) percent of the �pproved pro�ect cost will be withheld from the final requisition(s) until the pro�ect is completed, accepted, and the final audit has been made. Any costs deemed ineligible for reimbursement by the Commission in accordance with the terms of this agreement shall be deducted from the retainage before final payment is .made. Any re�ected or unaccepted costa ahall be borne by the grantee. 19. Reimburaement Conditions: Reimburaement by the Commission is sub�ect to the following condition8: (a) Financial summaries submitted to the Commission must include a certifi- cation that costs have been incurred in the performance of the contract and a record of the actual costs. (b) Reimbursement will be made by the Commission on an incremental basis. Reimbursement is sub�ect to approval by the Commission. All requisitionforms � shall be in an appropriate format appr.oved by the Commission. (c) Requisitions requesting reimbursement for operating expenses shall be in accordance with the approved pro�ected operating budget (appendix B) . (d) Requisitions requesting reimbursement for capital/administrative expenses shall be in accordance with the approved estimated capital/administra- tive project budget (appendix B) . (e) The grantee shall not be reimbursed for any expenses incurred prior to or after the pro�ect period. Post audit activities will be conducted 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 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. 10 ,.�. The grantee, however, shall remain responaible for the proper completion of the project notwithstanding any subcontract. 22. Termination: This agreement may be terminated upon any of the follow- ing conditions: (a) If, through any cause, the grantee shall fail to fulfill in a timely and proper manner ita obligations under this agreement, or if the grantee ahall 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 i� 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 ineeting the Co�ission's obli- �. gation hereunder. The Commission will provide written notice of such termina- tion 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 te�ination 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 11 � 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 by 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 covenante, or any default which may exist on the part of the grantee and the making of any such payment by the Commiasion while any auch breach or default sha11 exist shall in no way impair or pre�udice any right or remedy available to the Covmnission 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 ob- tained or is required under the laws of Missouri that it will execute such docu- � ments as may be necess�ary to protect and secure a lien upon such equipment in favor of the Commission, if so requested by the Coa�ission. Any and all fees required to be paid to secure and maintain said lien shall be paid by the grantee. 27. Purchase of Proiect Equipment and Contracts for Providers of 'I`ransit Service: Commission reserves the right to procure all new vehicles on behalf of grantee unless waived. Commission reserves the �ight 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. Buy 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). Grantee agrees that federal funds provided will not be obligated for mass transportation pro�ects unless steel, 12 ^� cement, and manufactured products used in such projecte are produced in the � United States. There are four exceptions to this basic requirement. First, the requirement will not apply if its application is not in the public interest. Second, the requirement will not apply if the material and products being pro- cured a.re not produced in the United States in sufficient and reasonably avail- able quantities and of a eatisfactory quality. Third, the requirement will not apply in a case involving the procurement of buses and other rolling atock (including train control, communication, and traction power equipment) if the cost of components which are produced in the United States is more than 50 per- cent of the cost of all components of the vehicles or equipment, and if final assembly takes place in the United States. Fourth, the require.ment will not apply if the inclusion of domestic material will increase the overall pro�ect contract by more than 10 percent in the case of pro,jects for the acquisition of � buses and rolling stock and 25 percent in the case of all other projects. � 13 � IN WITNESS WHEREOF, the parties have entered into this agreement on the date last written below. Executec�. by grantee this day of , 19 Executed by Commission this day of , 19 MISSOURI HIGHWAY AND TRANSPORTATION CO1�iISSION GRANTEE City of Cape Girardeau By Chairman Title Mayor Attest: Attest: ,-.. By Secretary Title City Clerk Approved as to Form: Approved as to For,n: Counsel Title Ordinance No. ,�, Exhibit A APPLICATION FOR SECTION 18 ASSISTANCE � FROM JULY l , 1985 TO JUNE 30 , 198b DATE : April 8 , 1985 STATE PROJECT NUMBER: P70�18-X��3 4 CG Annlicant ' s Name : City of Ca�e ' Contact Person : Girardeau Gary A. Eide Street Address : 401 Independence City Manager City: Cape Girardeau Phone : 7Ip Code : 63701 (314) 334-1212 County : Cape Girardeau Descrintion : This provosed nroject will enable the City of Cane Girardeau to continue the current taxi counon trans�ortation nrogram at the � present level of 77 , 280 coupons available to nrogram narticinants on a first come - first serve basis . PROPOSED FUNDING : ! Federal (Section 18) $ 53 , 99�i . 00 Local S 46 ,889 . 00 TOTAL S �� �� , 100 , 887 . 00 ary A. E de , Citv T�ana�er � Exhibit B ESTIMATED CAPITAL PROJECT BUDGET /'� ( Administrative Costs ) 1 . Salarys ( 1120 manhours ) $ 8 , 469 . 00 2. Benefits ( 1120 manhours ) $ 1 , 378 . 00 3. Printing of coupons ( 77, 280 coupons ) $ 1 ,900 . 00 - 4. Miscellaneous (advertising, supplies , $ 100 . 00 etc . 5. Net administrative costs $ 11 , 847 .00 6. Applicants share ( 20$ ) $ 2, 369. 00 7. Section 18 share ( 80$) $ 9, 478.00 Budget Prepared By l.�t,� `.�(.�C.0 Gary A. E' de, City Manager ^ NOTE: Figures above are best estimates . � � Exhibit B ESTIMATED OPERATING PROJECT BUDGET � Period Covered July 1 , 1985 - June 30, 1986 1 . Total Operating Expenses a . Ticket Subsidy $ 173, 880. 00 2. Less Ineligible Expenses -0- 3. Eligible Operating Expenses $ 173, 880. 00 4. Total Passenger and Other Revenue a . Ticket Sales $ 84 , 840. 00 5. Net Project Cost $ 89, 040. 00 6 . Applicant's Share a . Contribution from City 's general $ 44, 520. 00 f und 7 . Section 18 Funds Requested $ 44 ,520. 00 Budget Prepared By �"^ �C� ���Y ary A. Ei e, City Manager NOTE: Figures above are contingent on lowest and best bid obtained . �