HomeMy Public PortalAboutORD13557 BILL NO. 2003-29
SPONSORED BY COUNCILMAN Groner^
ORDINANCE NO.__ l 5 `> `-> 7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI
DEPARTMENT OF TRANSPORTATION FOR METROPOLITAN PLANNING SERVICES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with the Missouri Department of Transportation for Metropolitan Planning
Services.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:_. t.- t-C /l� G'. — Approve'd1 4d
residing Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor /
G
CCO Form: TP1-G
Approved: 10/901 (KMH)
Revised: 050/03 (BDG)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION PLANNING GRANT AGREEMENT
(Jefferson City Urbanized Area)
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson (hereinafter,
"Grantee").
WITNESSETH:
WHEREAS, 23 U.S.C. Sections 104(f) and 134, and 49 U.S.C. Section 5303,
provide metropolitan transportation planning funds for metropolitan planning
organizations as designated by the Governor of the State of Missouri; and
WHEREAS, the Commission is the state agency designated to receive and
dispense the above named funds to accomplish metropolitan transportation planning in
the Jefferson City urbanized area; and
WHEREAS, the Capital Area Metropolitan Planning Organization (hereinafter,
CAMPO) has been designated by the Governor of the State of Missouri as the local
organization to conduct transportation planning for the Jefferson City urbanized area;
and
WHEREAS, the CAMPO has designated the Grantee to conduct transportation
planning and receive and expend the above named funds on its behalf; and
WHEREAS, the CAMPO and the Grantee has described the transportation
planning work to be carried out and included a complete budget detailing the use of the
above named funds in an annually updated Unified Planning Work Program (UPWP);
and
WHEREAS, the UPWP is accepted by the Commission, the CAMPO, the
Grantee, and the United States Department of Transportation, describing the purposes
and funding of all program components to be annually accomplished under this
Agreement.
NOW THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties agree as follows:
(1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is
to assist the Grantee in financing project expenses that are eligible for federal financial
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assistance. The Commission will make a grant from available federal funds in a manner
AML consistent with the rules of the U.S. Department of Transportation, Federal Highway
Administration (FHWA) and Federal Transit Administration (FTA) under 23 U.S.C.
Sections 104(f) and 134 and 49 G.S.C. Section 5303. These rules include OMB
Circular A-102, Revised Uniform Administrative Requirements for Grants-in Aid to State
and Local Govemments. The federal catalog of domestic assistance identification
number (CFDA) is 20.205 for funds under 23 U.S.C. Sections 104(f) and 134 and
20.505 for funds under 49 U.S.C. Section 5303. The amount of available funds is
limited by the unused portion of the above planning funds allocated to the Jefferson City
urbanized area under the above acts and any amendments thereto.
(2) SCOPE OF WORK AND BUDGET: Grantee will undertake and complete
the program of work specified in the approved UPWP and the budget or scope of
services (Appendix A).
(3) REPORTS:
(A) All draft reports, the cost of which will be considered a direct cost,
will be submitted to the Commission for review prior to printing in final form. The
Commission will be provided with two (2) copies of each draft and four (4) copies of the
final report.
(B) All reports, drawings, estimates, surveys, memoranda and other
papers submitted by the Grantee shall be dated and bear the Grantee's name.
(4) PUBLICATION PROVISIONS:
(A) Copyright: Papers, interim or final reports, forms or other materials
which are a part of the work under contract may be copyrighted without written approval
of the Commission, and FTA or FHWA as appropriate.
(B) Reguest for Publication: Either party to the Agreement, the FTA or
FHWA may initiate a request for publication of reports or any request thereof.
(C) Abstracts: When the scheduled time for presentation of a paper
does not permit formal review and approval of a complete report, abstracts may be used
for notification of intent to present a paper based on the study. Such presentation must
protect the interests of the other party by the inclusion of a statement in the paper and in
the presentation to the effect that the paper has not been reviewed by the other party,
the FTA or FHWA.
(D) Publication: Publication by either party shall give credit to the other
party, and the FHWA or FTA, unless upon failure of agreement of any report of the
study, FHWA, FTA or either of the contracting parties requests that its credit
acknowledgment be omitted; and then the following statement shall be added:
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The opinions, findings and conclusions expressed in
this publication are those of the authors and not necessarily
those of the Missouri Highways and Transportation
Commission, the Federal Highway Administration or the
Federal Transit Administration.
(E) Use of Data: After acceptance of reports, all parties are free to use
the data and results for whatever purpose.
(F) Cooperative Participation: All reports shall contain a statement
crediting the cooperative participation of all agencies, including the U.S. Department of
Transportation, FHWA or FTA, as appropriate.
(G) Freedom of Information: 'The publication provisions contained in
this paragraph (4) are subject to the provisions of Chapter 610, RSMo, and all
applicable laws of the United States Government concerning freedom of information.
(5) RETENTION OF RECORDS: The Grantee or any approved
subcontractor shall be required to maintain accounting records and other evidence
pertaining to the cost incurred regarding the study and to make the records available to
the Commission at its office at all reasonable times during the contract period and for
three years from the date of the final payment of federal funds. Such accounting
records and other evidence pertaining to the costs incurred will be made available for
inspection by the Commission, FHWA, FTA, or any authorized representative thereof,
and copies shall be furnished if requested.
(6) INFORMATION FURNISHED AND WORK PERFORMED BY THE
GRANTEE: The Grantee shall make available to the Commission upon request all of
the data, reports, analysis, transcripts of hearings, maps, drawings, tables, and other
pertinent background information related to the scope of services under this Agreement.
(7) INFORMATION AND WORK FURNISHED BY THE COMMISSION:
(A) The Commission shall make available to the Grantee all of the
data, reports, analysis, transcripts of hearings, maps, drawings, tables and other
pertinent background information related to the scope of services under this Agreement
that the Commission deems necessary and non-confidential. No report, information,
data or other materials provided to the Grantee shall be given to any individual or
organization without the written approval of the Commission.
(B) The Commission will receive reimbursement from the Grantee for
computer work performed by the Commission for the urbanized area as authorized by
the Grantee. This should in no way restrict the Grantee from utilizing other computer
services available elsewhere.
® (8) PROJECT TIME PERIOD: Work under this Agreement shall begin June 1,
3
2003, and extend through October 31, 2003. No work shall be performed under this
4PAgreement until a notice to proceed is received from the Commission.
(9) CONTRACT PRICE AND PAYMENT:
(A) Total Price: For the work described in this Agreement, the Grantee
shall receive payment based on actual costs, as defined in subparagraph B of
paragraph (9) up to the maximum amount of $129,781. The federal reimbursement of
this amount shall be composed of $84,225 in FHWA metropolitan planning (PL) funds
under 23 U.S.C. Section 104(f) and $45,556 in FTA planning funds under 49 U.S.C.
Section 5303. The local matching share shall be 20 percent for funds provided both
under 23 U.S.C. Section 104(f) and under 49 U.S.C. Section 5303.
(B) Progress Payments: The Commission agrees to make progress
payments to the Grantee not more than monthly upon receipt of a proper invoice and
certification for services actually performed under this Agreement. Certification of
services will be documented by a progress report submitted at least quarterly within
thirty (30) days after the end of the reporting period. However, the last progress report
may be waived and included in the year-end or completion report. Invoices will be
based on actual costs incurred. Each invoice will show the breakdown of the cost
incurred by the Grantee and the Commission. Such progress payments will be based
on actual costs incurred. In no instance shall the progress payments exceed the
percentage of work completed, per the judgment of the Commission's chief engineer.
The accounting for and billing of project charges will be accomplished as follows:
1. The Grantee will establish cost principles for use in
determining the allowability of individual items of cost in accordance with OMB Circular
A-87, Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
Z Direct labor charges shall be based on actual time expended
at the current approved gross salary of the assigned staff member.
3. Employee fringe benefits shall be based on a provisional
rate, subject to audit, of direct labor costs. This rate is set on the basis of the
employer's actual cost for group life insurance, health insurance, pension plan, workers
compensation, holidays, F.I.C.A. taxes, accrued costs for sick leave, vacation and other
items included in the Grantee's approved fringe benefit package, to the total annual
salaries paid. This rate is reviewed and adjusted annually and will be specified in the
fiscal year scope of services.
4. Other direct costs charged shall be based on the actual cost
of supplies and equipment purchased or rented for the exclusive use of this project.
The procurement of supplies and equipment shall be,in accordance with procedures
established by the State of Missouri.
•
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(C) Compensation: Compensation shall be paid by the Commission to
the Grantee for work performed hereunder, subject to the limitations of paragraph (9)(A)
and (B), as supported by Appendix A.
(D) Direct Costs: The following are considered as direct costs and
chargeable as such:
1. Salaries and fringe benefits.
2. Other non-salary expenses directly related to this study,
such as: classified advertising, contractual services, data processing, equipment
maintenance and rental, meetings and conferences, postage, publications,
reproduction, supplies, travel and long distance calls.
(E) Final Payment: The final payment will be made only after
acceptance by the Commission of a year-end or completion report, summarizing the
results of the job elements under this Agreement considered to be satisfactory to the
Commission. This year-end or completion report is due within sixty (60) days after the
Agreement end date. The Commission's obligation will extend only to those costs
incurred as verified by the final audit. A final audit will be completed after the
acceptance of the ,year-end or completion report. If Grantee was over compensated
according to final audit results, Grantee will reimburse the Commission the amount
specked by the final audit. If additional compensation is due Grantee, Grantee will
present a supplemental invoice to the Commission for payment of the amount specified
by the final audit.
(F) Checks: Checks in payment for the services rendered hereunder
shall be drawn to the order of the City of Jefferson. The Grantee hereby agrees that the
acceptance of each check so drawn shall constitute full payment from the Commission
to the Grantee for the services for which such payment is made.
(G) Title to Work Product: The making of payments to the Grantee in
the manner aforesaid shall vest in the Commission title to the studies, documents and
material produced by the Grantee under the terms of this Agreement up to the time of
such payments, and the Commission shall have the right to use the same for any public
purpose or make any desirable alterations thereto without other further compensation to
the Grantee or to any other such agency or persons.
(H) Single Audit Requirement: If the Grantee expends $300,000 or
more in a year combined total Federal awards from all sources including Federal funds
under this Agreement, a single audit meeting the regulations of revised OMB Circular
Number A-133 shall be required. FHWA and FTA Planning Funds expended under this
Agreement will be individually identified in appropriate report schedules. The
Commission, however, reserves
the right to audit expenditures under this Agreement independently in a separate report.
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(1 a) CHANGES: The Commission or the Grantee may, from time to time,
request changes in the scope of 1JPWP work. Changes in the scope of UPWP work
that do not involve any increase or decrease in the amount of the Grantee's
compensation shall be made with the mutual agreement of the parties to this
Agreement, evidenced by letters from each to the other. Changes involving
adjustments to limiting amounts contained in the scope of UPWP work, or any increase
or decrease in the total amount of compensation which is mutually agreed upon by and
between the Commission and the Grantee, shall be incorporated in written amendments
or supplements to this Agreement.
(1.1) 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's 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 actt 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) TERMINA-i ION OF AGREEMENT:
(A) Non-Performance: If Grantee shall for any cause fail to perform
any of the provisions of this Agreement or fail to complete any of the work described in
this Agreement, the Commission may terminate this Agreement. Also, the Commission
may terminate this Agreement if the conduct or progress of the work is such that it is not
up to professional standards of objectivity, fairness, accuracy and completeness.
(B) Correction: The Commission may provide Grantee with a written
notice of the defect(s) in Grantee's performance specifying a period of time for Grantee
to correct such defect(s).
(C) Written Notice: To terminate this Agreement, the Commission must
give Grantee at least 15 days written notice specifying the reason(s) for termination.
(U) Partial Payment: If the Commission terminates the Agreement, the
Commission shall be liable only for the work rendered to the date of termination, based
on the compensation described in the scope of services. Grantee, for itself, its
successors, assigns and legal representatives, agrees to accept this amount of
compensation in full satisfaction of all claims for compensation under this Agreement.
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(E) Work Product: In the event of termination, Grantee shall deliver to
the Commission, as property of the Commission, all designs, reports, drawings, studies,
estimates, surveys, computations, memoranda, documents and other papers or
materials either furnished by the Commission or prepared by or for the Grantee under
this Agreement. In addition, ownership of all designs, reports, drawings, studies,
estimates, models, computations, etc., prepared under this Agreement shall vest in the
Commission, at the Commission's option. The Commission reserves the right to
postpone or abandon further work of the type described by this Agreement or to cause
such work to be continued or completed in such a manner, by such person(s), and
under such terms and agreements as the Commission shall determine.
(13) DISPUTES: The chief engineer of the Missouri Department of
Transportation will in all cases decide any and all questions which may arise in
connection with the work not disposed of by agreement among or between the parties
to the contract.
(14) 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 U.S.C. Sections 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
Department or the Commission, it shall comply with all applicable provisions of Title 11 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, promulgating a Code of Fair
Practices in regard to nondiscrimination, which 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 U.S. Department of Transportation relative to
nondiscrimination 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 part of this Agreement.
(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 procurement of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
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discriminction prohibited by 49 CFR Subtitle A, Part 21, Section 21.5 including
employment practices.
(I_) Solicitations for Subcontracts. Including Procurements of Material
and Equipment: 'These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Grantee. In 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 rare, 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 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 U.S.
Department of Transportation to be pertinent to ascertain compliance with other such
contracts, orders and instructions. Where any information required 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
comply with the nondiscrimination provisions of this Agreement, 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
Agreement until the Grantee complies; and/or
2. Cancellation, termination or suspension of the Agreement, in
whole or in part.
(H) Incorporation of Provisions: The Grantee shall include the
provisions of paragraph (14) 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
U.S. Department of Transportation. 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, 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 may request the United States to enter into such litigation to protect the
interests of the United States.
(1) Title VI Program Reporting Requirements: The Grantee shall
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comply with data collection and reporting requirements subject to Title VY of the Civil
Rights Act of 1964 and the implementing regulations of 28 CFR Part 42, Subpart F and
49 CFR Part 21. Such general and program specific required information shall be
provided to the Commission yearly if updated information is warranted or at a minimum
of every three years. Required submittals shall be made by October 1 of the current
agreement period.
(15) SECTION 504 ASSURANCES: The Grantee shall comply with all the
requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C,
Sections 790 et seq.) and the administrative rules of the U.S. Department of
Transportation (49 CFR Subtitle A, Part 27).
(16) RESTRICTION ON LOBBYING: Grantee shall comply with the
requirements of 31 U.S.C. Section 1352.
(17) SUBCONTRACTING: All work to be subcontracted which is not identified
in the UPWP, regardless of amount, and all subcontracts of $50,000 or more shall be
submitted to the Commission for approval. All subcontracts exceeding $10,000 shall
contain those applicable provisions which are required in this contract in accordance
with 23 CFR Part 172. Approval to subcontract for services incidental to the study
operations, such as printing and computer services, is not required.
(18) EQUIPMENT AND INSTRUMENTATION:
(A) It is agreed that major items of special equipment, which are not
identified specifically in the UPWP, require specific approval by the Commission prior to
purchase. A major special equipment item is one costing $2,500 or more, which is not
used up during the course of the study.
(B) The major items of special equipment and instrumentation as listed
in the UPWP are approved by the Commission and the cost, therefore, is included in the
contract price. The Grantee certifies that no items listed have been included in the
indirect costs that are approved for this study.
(19) TRAVEL: The Commission approves staff travel expenses for work
performed under this Agreement and provided for in the scope of services. Any
additional travel must have prior approval of the Commission to be eligible for a direct
cost reimbursement. The rate of reimbursement shall be in accordance with the
Grantee's approved travel policy.
(20) COMPLIANCE WITH LAWS: The Grantee agrees to comply with all
federal, state and local laws and ordinances applicable to the prosecution of the work
covered by this Agreement.
(21) DISADVANTAGED BUSINESS ENTERPRISES: Grantee agrees to
prepare and submit for the Commission approval, a disadvantaged business enterprise
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plan as defined in 49 CFR, Parts 23 and 26, effective March 4, 1999, if Grantee
received a total of $250,000 or more of financial planning assistance from the U.S.
Department of Transportation or if Grantee is required to do so by 49 CFR Section
26.21.
(22) BUDGET:
(A) Summary: Appendix A, Section 1, includes a Missouri budget
summary listing the following:
1. Estimated Expenditures: These would be the total of all UPWP
work tasks by federal funding type funded under this Agreement, itemized by various
cost categories. These categories may include but are not limited to: salaries, fringe
benefits, indirect costs, contractual services, advertising communication, postage,
equipment, data processing, meeting, conference, travel, printing, publication, supplies
and other or miscellaneous expenses.
2. Estimated Revenues: These are the total anticipated funding
and agency sources by federal funding type for work funded under this Agreement.
(13) Payment: The Grantee will receive payment by the Commission
based on the following:
1. Agency Funding Participation: Appendix A, Section 2, lists
estimated funding participation by agencies involved with the UPWP work tasks funded
under this Agreement. For a work task described in the UPWP and similarly identified
in Appendix A, Section 2, payment will be made from the appropriate funds based on
the proportionate share of FHWA PL and/or FTA Section 5303 funds being utilized from
the Commission. The relationship of the manpower and costs borne under this
Agreement to the total manpower and cost required to complete each program
component is derived from the approved UPWP. The obligation of the Commission
shall not exceed the amounts set out in paragraph (9)(A).
(C) Procedures: The following procedures shall be followed when
deviations from Appendix A, Section 2, occur or are anticipated to occur:
1. Cost Overruns:
A. Individual UPWP work task overruns will be
considered as eligible costs provided:
(1) Sufficient funding is available due to other work
task funding being underutilized and agreement total funding amount is not increased;
or
(II) The agreement total funding amount is
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increased, through an agreement amendment executed between the Commission and
the Grantee for that purpose.
B. Reasons for overruns in UPWP work tasks shall be
discussed with the Commission's representative and included in the year-end or
completion report.
2. Agency Funding Participation: Revisions in the agency (i.e.,
FHWA, FTA, HUD, EPA) federal funding participation shown in Appendix A, Section 2,
will require an amendment to the agreement. Requests for revisions shall include the
reason for the revisions, -the proposed agency funding and the effect of the revisions on
other UPWP work tasks.
3. The Grantee shall monitor costs and initiate timely requests
for approval as outlined above. Retroactive revisions of Appendix A, scope of services
will not be allowed.
(23) M!� ENDMENTS: 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 representatives of the Grantee and the Commission.
(24) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement,
(25) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(26) 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 the Agreement.
(27) VENUE: No action may be brought by either party concerning any matter,
thing or dispute arising out of or relating to the terms, performance, nonperformance or
otherwise of this Agreement except in the Circuit Court of Cole County, Missouri. The
parties agree that this contract is entered into at Jefferson City, Missouri, and
substantial elements of its performance will take place or be delivered at Jefferson City,
Missouri, by reason of which the Grantee consents to venue of any action against it in
Cole County, Missouri. The Grantee shall cause this provision to be incorporated in all
of its Agreements with, and to be binding upon, all subcontractors of the Grantee.
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed b the Grantee this l day of `� .�� ����� Y, 20 t
Y � �
Executed by the Commission this day of —, 20.L1_5
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
— By� ' -
Chief Engineer Title-' �)�' �'�,'�ti `, L..-_
Title_ ---�
Attest: Attest:
By
Secretary to the Commission --
( !. f I
Title 1�. � .'��---
Appr ved as to Form: Approved as to Form:
/ /V
By, 7
ommi ion Counsel
Title e�
Ordinance No.
Contract No.
)lcontracmp\TP1-G
May 22,2003
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APPENDIX A
FY 2003 FHWA PL & FTA SECTION 6303 SCOPE OF SERVICES
SCOPE PERIOD: June 1, 2003 -October 31, 2003
SECTION 1: BUDGET SUMMARY
Estimated Expenditures:
FHWA FTA Consolidated
Cost Category PL Funds' Section 5303' Planning Funds"
Salaries $62,500 $12,500 $75,000
Fringe Benefits (45%of Salary) $28,125 $5,625 $33,750
Indirect (1006 of Salary) $6,250 $1,250 $7,500
Other Direct:
Contractual $0 $0 $0
Advertising $1,250 $0 $1,250
Communication $2,125 $0 $2,125
Postage $1,000 $0 $1,000
Supplies& Printing/Copying $2,250 $0 $2,250
Equipment/Software $0 $37,500 $37,500
Travel&Training $1,500 $0 $1,500
Miscellaneous $281 $70 $351
Total $105,281 $56,945 $162,226
" Includes required matching funds
Estimated Revenues:
Agency FHWA PL % FTA Sec 5303 % Combined %
MoDOT, Federal $84,225 80.00 $45,556 80.00 $129,781 80.00
Jefferson City, Local match $21,056 20.00 $11,389 20.00 $32,445 20.00
Total $105,281 100.00 $56,945 100.00 $162,226 100.00
A-1
APPENDIX A (CONT.)
FY 2003 FHWA PL&FTA SECTION 6303 SCOPE OF SERVICES
SCOPE PERIOD:June 1, 2003-October 31, 2003
SECTION 2: AGENCY FUNDING PARTICIPATION
AGENCY FUNDING _
UPWP FHWA PL FTA Section 5303 Consolidated Plannin g Funds
No. TasWActIvU Federal Match Subtotal Federal Match Subtotal Federal Match Total
1 MPO Program Admin. $20,000 $5,000 $25,000 $0 $0 $0 $20,000 $5,000 $25,000
2 General Transp Ping $50,766 $12,691 $63,457 $0 $0 $0 $50,766 $12,691 $63,457
3 Transp Improvom Prog $5,000 $1,250 $6,250 $0 $0 $0 $5,000 $1,250 $6,250
4 Transit Planning $459 $115 $574 $45,556 $11,389 $56,945 $46,015 $11,504 $57,519
6 Special Studies $8,000 $2,000 $10,000 $0 $0 $0 $8,000 $2,000 $10,000
TOTAL $84,225 $21,056 $105,281 $45,656 $11,389 $56,945 $129,781 $32,445 $162,226
A-2
r
Missouri M OcXr 105 Was(Capitol Avenuo
Missouri P.0, Box 270
Department Jefforson Cily, MO 65102
N (573) 751-2.551
Of Transportation Fax(573) odt)t. 5g
www.modnt.nrg
Henry Hungerbeeler, Director
May 1, 2003
The Honorable Bob Holden
Governor of Missouri
State Capitol, Room 216
Jefferson City, MO 65101
Dear Governor Holden;
Section 134(b) of Title 23 United States Code requires the U.S. Census identified urbanized
;areas having more than 50,000 population to have a metropolitan planning organization (MPO)
designated for the area. The designation requires agreement between the Governor and units of
general-purpose local governments. Together these governments must represent at least 75
percent of the affected population, including the central city or cities. Once designated, the MPO
remains in effect until it is redesignated or dissolved.
Each MPO is to be governed by a policy board consisting of local elected or appointed officials,
officials of public agencies that administer or operate major transportation modes in the area and
appropriate state officials. An MPO is federally defined as the forum for cooperative
transportation decision-making for its respective metropolitan planning area.
An MPO's function is to carry out a transportation planning process that provides for
consideration of all transportation modes. This process is to be Continuing, Cooperative and
Comprehensive, sometimes referred to as the 3-C Process, to the degree appropriate based on the
complexity of the transportation problems addressed. MI'Os are to develop long-range
transportation plans and transportation improvement programs for their metropolitan planning
areas.
In the May 1, 2002, Federal Register, the t.1.S. Census Bureau identified Jefferson City as a new
urbanized area in Missouri based on the 2000 Census. Tile census urbanized area, primarily
based on population density criteria, included most of.leffcrson City, St. Martins, 1-101ts SUIllmit,
Lake Mykee and contiguous urbanized portions of Cole and Callaway counties.
Representatives from the local governments, the Missouri Department of Transportation and the
Federal Highway Administration Missouri Division office create(] a Formation Committee.
Over the past several months, the committee developed the required four items t«r establishing a
new MPO.
1. MPO Membership Plan
Our mission is taking care of and improving Missourl's transpor-tation system.
SAL Pnnled on recycled paper
2. Memorandum of Understanding Concerning Metropolitan Transportation Planning
3. MPO By-Laws for Operating Procedures
4. Preliminary Metropolitan Planning Area Boundary
All general-purpose local governments, MoDOT and FFIWA have agreed on the items pertaining
to establishing an MPO. Attached are copies of items one through three as evidence of local
agreement required for establishing a Jefferson City urbanized area metropolitan planning;
organization. Jefferson City alone comprises 74 percent ol'the affected urbanized-area
population.
The name selected by the MPO Formation Committee and agreed to by local governments for
the MPO is Capital Area Metropolitan Planning Organization (CAMPO). The organization will
consist of a Board of Directors and a Technical Planning Committee composed of members from
local governments and state and federal agencies. MoDOT and FI-IWA are satisfied all tbderal
requirements for forming a MPO have been met.
At this time, we request designation of the Capital Area Metropolitan Planning Organization as
the required official metropolitan planning organization for the Jefferson City, Missouri,
urbanized area. At a later date, following the CAMPO Board o1'Directors formal approval of the
metropolitan planning area boundary; you will be requested to also approve the boundary.
Sincerely,
un b er� e�ler
H
Cam,
Director
hli/lk/pr-tp
Attachments
Approved: __ _ ___ __ __________ Date C���
Title: Governor of'Missouri
j:\urbnd\jc\mCodcsif±notion\90Vicutpodcstgtintion 050103.doe
METROPOLITAN PLANNING ORGANIZATION
DESIGNATION PLAN
JEFFERSON CITY, MISSOURI URBANIZED AREA
2000 POPULATION SUMMARY
Total Jurisdiction Census Urbanized Area
Local Governments Population PoEulation Percent
Cole Coun!y Po ion
Jefferson City (pt) 39,611 39,571 73.7
St. Martins 1,023 865 1,6
Unincorporated Area 27,447 9,146 17.0
Subtotal 71,397 49,582 92.3
Callawa County Portion
Jefferson City(pt) 25 3 0.0
Molts Summit 2,935 2,639 4.9
Lake Mykee 326 326 0.6
Unincorporated Area 23,543 1,164 2.2
Subtotal 40,766 4,132 7.7
Total _ E ----_._ 53,714 100.0
Total County Population
MPO POLICY BOARD MEMBERSHIP SUMMARY
Urbanized Area Mpo Policy t3oard
Governmental Component Population Members Percent
Jefferson City (Central City) 39,574 6 54.5
Cole County 9,146 2 18.2
Callaway County 1,164 1 9.1
Small Cities" 3,830 1 9.1
MoDOT ----•- 1 9.1
Total 53,714 11 100.0
Includes Hoits Summit, Lak, Martins
j:\urban\lc\mpodesitinatlon\lcmpodosipnatlonplan.xls
MEMORANDUM OF UNDERSTANDING
BETWEEN PARTICIPATING JURISDICTIONS
FOR THE
CAPITAL AREA
METROPOLITAN PLANNING ORGANIZATION
March 2003
MPA/Fliul•MgU. 1
CAPITAL AREA METROPOLITAN TROPOLITAN PLANNING ORGANIZATION
MEMORANDUM OF UNIDERSTANfDiNG
CONCERNING 'i'RANSPORTATION PLANNING
FOR THE
JEFFERSON CITY, MISSOURI AREA
This Memorandum of Understanding is hereby entered into by the City of'Jefferson, the City of St.
Martins, the County of Cole,the City of Holts Summit,the Village of Lake Mykee,the County of Callaway,
and the Missouri Highways and Transportation Commission,
WHEREAS,Federal legislation requires that a continuingand comprehensive transportation planning
process including all modes of travel he carried on cooperatively between the State and urbanized areas of
over 50,000 population to qualify for federal assistance in transportation projects in such areas (23 U.S.C.
134,49, U.S.C. 1602-4); arid,
WHEREAS,the Jefferson City, Missouri environs,consisting of all or parts of the City of Jefferson
City, the City of St. Marlins, the County of Cole, the City of Holts Summit, the Village of Lake Mykee,
and the County of Callaway,was declared by the U.S. Bureau of the Census a newly qualified urbanized area
for Census 2000 in the Federal Register, Volume 67, No. 84, published on Wednesday, May i, 2002; and
WHEREAS, the City of Jefferson, the City of St. Martins, the County of Cole, the City of Holts
Summit,the Village of Lake Mykee,the County ofCallaway and the Missouri Highways and Transportation
Commission wish to ensure continuity in the comprehensive and coordinated urban transportation planning
process for the Jefferson City, Missouri environs.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS;
Section 1. Establishtr►ent of Or eanixation
The City of Jefferson, the City of St. Martins, the County of Cole, the City of Holts Summit, the
Village of Lake Mykee, the County of Callaway and the Missouri highways and Transportation
Commission do hereby approve and enter into this MEMORANDUM OF UNDERSTANDING for
the establishment of a Metropolitan Planning Organization(MPO) for the Jefferson City, Missouri
Urbanized Area,which shall be known as the Capital Area Metropolitan Planning Organization
(CAMPO) for the purpose of cooperative urban multimodal transportation planning For the
metropolitan area.
Section 2. Procedure
The City of Jefferson, the City of St. Martins the County of Cole, the City of Holts Summit, the
Village of Lake Mykee, the County of Callaway and the Missouri Highway and Transportation
Commission will proceed in accordance with the provisions of this MEMORANDUM OE'
UNDERSTANDING,recognized transportation planninbprocedures,applicable Federal regulations
and the cooperatively developed annual planning work program to carry out the purposes of this
agreement.
MPOTitul•Moll
CAMP0 Memorandum of Understanding
Section 3. Board of Directors; Mleinberaiijlt
Voting Members.There shall be eleven(I i) voting members on the Board of Directors, comprised
as follows:
A Jefferson City: Six(G)voting members shall be appointed to represent the City of
Jefferson;
• Four(4)elected officials who shall be the Mayor or Councilmen;
• Two (2) appointed officials (eg. City Administrator, Director of
Community Development, Director of'Transportation, Director of Parks,
Recreation & Forestry, or other appointed official).
13. Cole County: Two(2)voting members shall be appointed to represent the County
of Cole:
• One elected official who shall be the Presiding Commissioner or Associate
Commissioner;
• One appointed official (eg. Director of Public Works).
C. Callaway County: One (I) voting inernber shall be appointed to represent the
County of'Callaway:
• One (1) elected or appointed official: (eg. Presiding Commissioner,
Associate Commissioner, Director of Public Works).
D. Small City Member. One(1)voting member shall be appointed from [lofts Summit
or one of the small cities outside the City of Jefferson within the Metropolitan
Planning Organization.
E. Missouri Department of Transportation: One(1)voting member shall represent the
Missouri Department of Transportation (eg. District 5 Engineer).
Ex-Officio Members.The following representatives shall be designated as ex-officio (non-voting)
members of the Board of Directors:
A. Two(2) representatives of Missouri Department of Transportation,
B. One(1) representative of Federal Highway Administration,
C. One(I) representative of Federal Transit Administration,
D. One(1) representative from another federal or state agency,
E. One (1) representative from the Jefferson City Area Chamber of Commerce
Transportation Committee.
Appointment to the Board of Directors and Terms.
A. Appointment to the Board of Directors shall be made by the respective governing
bodies of each participating jurisdiction except its otherwise specified.
B Terms of Appointment, Voting Members. The voting members of the Board o1'
Directors shall serve two year terms on the Board of Directors.
C. Small City Member. 'file Small City Member shall be the mayor or chief'elerted
official of a city outside of the City of Jefferson. The Small City Member shall
rotate between the cities outside of Jefferson City.
MI'o/Fivul-MQU 3
Mil
CAMI'O Afemorandum of Undervanding
D. Ex-Officio Members. Ex-Officio Members shall be appointed by their respective:
organizations.
E. Alternates. Each elected representative or board representative shall name one(1)
elected or appointed official as an alternate, in writing, who may exercise full
member powers during their absence. The alternate's term shall also correspond
with the primary representative's term.
1-.. Additional voting and non-voting ex-officio members shall be appointed as is
deemed essential or necessary by the members of the Board of Directors, through
the amendment of the bylaws.
,Seellyn A. Consensus on onon Dais Used
The City of Jefferson, the City of St. Martins, the County of Cole, the City of}-colts Summit, the
Village of lake Mykcc, tine County of Callaway and the Missouri Highways and Transportation
Commission, shall through the Board of Directors from this MEMORANDUM OF
UNDERS'T'ANDING, meet,review,and determine the data to be used or derived for the purpose of
comprehensive and coordinated transportation planning for the Capital City metropolitan area in
order to eliminate duplication of effort and provide a means for sharing information of mutual
interest.
Section 5. Local Financial Allocation &.Staff Support
The financial obligation to support the Metropolitan Planning Organization is 80%federal funds and
20% local matching funds. The local match shall be provided annually to the MPO as fellows:
City of Jefferson - 60%
Cole County Commission -25%
Callaway County Commission - 15%
The City of'Jefferson shall act as contractor for M PO planning funds and provide staff support to the
Capital Area Metropolitan PlrrnningOrt;anizertion as identified in the annual Unified Ilanning Work
Program approved by the Board ofDirectors. information from the Unified Planning Work Program,
including: socio-economic data, land use ciata, progress reports, technical reports and any other
pertinent work will be available to the City of St. Martins, the County of Cole, the City of I lolts
Summit, the Village of Lake Mykee and the County of Callaway, any other participating
jurisdictions, the Missouri Highways and Transportation Commission, and ex-officio members of
the Board of Directors.
Section 6. Assistance from the Missouri 1liichways, and TrUns notation Commission.
The Missouri Highways and Transportation Commission will provide assistance and expertise in the
transportation planning process,and will assist in the development ofalternalivc plans, existing and
future travel data, and offer assistance and expertise in the development of technical reports.
n+rlonrtn.t-bunt 4
mi
C,IMPO Memorandum of Understanding
Ste
tion 7._ Fortn>ation of Offier Corminittecs by the 11otartl nf_I)irc�tors,
A standing committee designated as the Technical Committee shall be appointed as set.ortt in the By-
Laws.
Ad hoc committees or study groups may be appointed by the Board of Directors as needs arise. Ad
hoc committees or study groups shall hava it specific charge and operate fora def fined period of time,
�e,c Ion Bylavys
Membership, purpose, operations, and procedures of the Board of Directors will be outlined in
Bylaws established by the Board of Directors,
S,rg.tion 9.Sever bilty
Unless otherwise specified herein,this agreement constitutes theentireagreement between all parties
with respect to this agreement supersedes all prior or contemporaneous communications and
proposals(whetheroral,written,orclectronic)between all parties;with respect to this Memorandum
of Understanding. If any part of this Agreement is held invalid or unenforceable,that portion shall
be construed in a manner consistent with applicable law to reflect,as nearly as possible,the original
intentions of the parties,and the remaining portions shall remain in full force and effect,
Section 10. Assignment
The City of Jefferson, the City of St. Martins, the County of Cole, the City of Holts Summit, the
Village of Lake Mykee, the County of Callaway and the Missouri Highways and Transporlation
Commission, shall not assign any interest in this Memorandum of Understanding, and shall not
transfer any interest in the same (whether by assignment or novation).
Section 11. Annlieable 1,mv.
This Agreement shall be governed by and construed in accordance with the laws of the Stale of
Missouri.
,Section 12.12ialht to Withdrew.
Should any party desire to withdraw may be permitted to do so upon giving ninety(90)days notice.
This agreement may be cancelled in total with a 75% vote: of the members.
MI'Min+l•NIOU J
1
C,4A9l'0 Memorandum of Understanding
Section 13,N90cea
All notices, consents, authorizations, requests and statements hereunder shall be deemed to have
been properly given if delivered and/or mailed by first class United States mail,postage prepaid,to;
1. Mayor,City of Jefferson, 320 F., McCarty Street,Jefferson City, MO 65101
2. Presiding,Commissioner, County of Cole, Cole County Courthouse,
301 East High Street,Jefferson City, MO 65101
3. Presiding Commissioner, County of Callaway, Callaway County Courthouse,
10 East Fifth Street, Fulton, MO 65251
4. Mayor,City of St. Martins, City Hall, 6913 Highway 50 West, Jefferson City, MO 65109
5. Mayor, City of Holts Summit,City Hall, 245 South Summit Drive,
Holts Summit, MO 65043
6. Board of Trustees, Lake Mykee, P.O. Box 45, Holts Summit, MO 65043
7. Missouri Department of Transportation-District 5, PO Box 718,Jefferson City,MO 65102
8. Chief Engineer, Missouri Department of Transportation-P.O. Box 718,Jefferson City,Mo
65102
mpWin l-MOV. 6
CAMPO Memorandum of Understanding
CITY OF JEFFERSON, MISSOURI
B Y
•
ATTEST:
City Clerk
APPROVED A ORM:
City Counse or
COLE COUNTY COMMISSION
By:
1) uidfrr�C tnrL+uioner
Date:
TES
Cur rty Cfcrk
APPROVED AS TO FORM:
Counsc�!
Mrrnr r,41-`aw. 7
CAUPO A4emorandum of Understanding
CALLAWAY COUNTY COMMISSION
By:
Presiding Commissioner
ATTEST:
ro'ct C�
County Clerk
APPROVED AS TO FO ,
.ounsel
CITY OF ST MARTINS, MISSOURI
By: .
Alaiyor
Date: �.. !mod
ATTEST:
City C'ler '
APPROVE AS TO FORM:
APPROVE
City 'ounselor
MPO/Firul•MOU. U
CAMPO Memorandum of Understanding
CITY OF HOLTS SUMMIT, MISSOURI
E
Y1
Mayor
Date:
A EST;
ry Clerk
APPROV 0
r
Counsel
VILLAGE OF LAKE MVKEE
1y:
Chairman
Date:
•''�T T:
Secretary
APPROVED AS TO FORM:
Counsel
M110/PinaI.MOU 9
CAMPO Memorandum of Understanding
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
T3 -
y: /,.�
C 8 n-9 neer
Date: w___
ATTEST:
Secrcla►y to the Commission
AP .OVER AS TO FORM: /1
r �0, 41-C.—~
Comm iss�i Cou.•isel
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mpo/Finml-moo, 10
71
1*Also
tlIFY of Jefferson erson �� � Johis ,Landwehr, Mayor
City Counselors 1.r ee
i,.0 l;n,sr �1�fcC'nrry Shccr VOICE (573)-634-6313
Jcfrvson Ciw, Mt? 651(11 FAX (573)-634.5504
May 16, 2003
Mr. Mohketce Ahmad
Regional Administrator
Federal Transit Administration
901 Locust, Room 404
Kansas City, MO 64106
RE: City has legal capacity to perform the functions of a
designated recipient
Dear Mr. Alimad:
The City of Jefterson Missouri is a duly constituted public body, est;iblished pLIN11ant to Article VI, Section
19A of the Missouri Constitution.
Further it is my opinion that file City has the legal capacity to perform all of the following acts and
responsibilities required as at De ignated Recipient pursuant to 49 U,S.C, Section 5367, to-wit:
1. To receive and to dispense Federal funds for public transit purposes;
?. To submit public transit projects to be included in the Transportation Improvement Program
through tllc; Metropolitan Planning Organization;
3. To submit project applications o the United States Department of"I'ranspollation - Federal
`i�ransit Administration;
41. To enter into foniaaf project agreements with the United Stales l)cpartn�ent of"Transportation
- Federal 'Transit Administration;
5. To hold and certifyy that public hearings have been held; and
6, The City of Jefferson is at Charter City pursuant to Atlicle VI, Section 19A of the Missouri
Constitution, Pursuant to said Charters, 1.1113 Matyor is aauthoriZCd to Cxccute applications,
certifications, grant agreements, electronic filings and generally to obligate the City and to
execute contracts.
Sincerely
13, Allcn Garner
City Counselor
cc: Rich Mays
MCIVA Fits(
a)In Hard
iyllis Powell
II.A.eyrl(1l)imon DaIpAidd Recipient W 5.16-01 wp d