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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 - 1 - 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: -2 - 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. • -4 - (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. - 5 - (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. -6- (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 -7 - 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 - 8 - 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 -9 - 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 - 10 - 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. - 11 - 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 - 12 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 ---------------------------------------------------------------------------------------------------------------------- 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