HomeMy Public PortalAboutORD16321BILL NO. 2022-108
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. / 6/6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A $25,000 AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR THE DEVELOPMENT OF THE CAPITAL AREA
ACTIVE TRANSPORTATION PLAN IN FY2023.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Missouri Department of Transportation is authorized to make grants for public
transportation planning projects; and
the Missouri Department of Transportation made available Federal Transit
Administration Section 5304 Statewide Planning funds; and
the Section 5304 Statewide Planning funds have been approved for use in the
development of the Capital Area Active Transportation Plan; and
the Section 5304 Statewide Planning funds will replace a portion of Consolidated
Planning Grant Funds already allocated for this activity.
NOW, THEREFORE, 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 Highways and Transportation Commission for the use of Section
5304 Statewide Planning Funds.
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 effect immediately upon passage.
Passed: `l it 44 d (0 J );3
Presiding Officer
ATTEST:
Approved: �Yh4A ZOZ3
Mayor Carrie Tergin
City Aftorryey
r
APPROVED AS TO FORM:
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CCO Form: MO78
Approved: 08/94 (MLH)
Revised: 03/17 (MWH)
Modified:
CFDA Number: CFDA #20.515
CFDA Title: State Planning and Research
Federal Agency: Federal Transit Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
PUBLIC TRANSPORTATION PLANNING GRANT AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and Capital Area Metropolitan Planning
Organization, aka CAMPO (hereinafter, "Grantee").
WITNESSETH:
WHEREAS, the Grantee has applied to the Commission for a grant of funds made
available to the Commission under Chapter 53 of Title 49, United States Code
(hereinafter, “USC”) Section 5305, and the Commission has awarded planning funds
available pursuant to said act to the Grantee with the understanding that such funds will
be used pursuant to this Agreement for purposes specified in the Grantee's application
and budget as one for planning assistance (Appendix A).
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to assist the Grantee in
financing planning project expenses that are eligible for federal financial assistance under
49 USC Section 5305.
(2) SOURCE OF FUNDS: The Commission will make a grant from available
federal funds in an amount not to exceed eighty percent (80%) of the project's cost in a
manner consistent with the administrative rules of the United States Department of
Transportation (hereinafter, “USDOT”), Federal Transit Administration (hereinafter,
“FTA”) as contained in FTA Circular 8100.1C, dated September 1, 2008, or any
subsequent circulars regarding public transportation planning grants, and any other
regulations pursuant to the Federal Transit Act, as amended.
(3) SCOPE OF WORK: The Grantee will undertake and complete the work as
specified in the approved project application/budget (Appendix A, which is attached
hereto and incorporated herein by this reference).
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(4) REPORTS:
(A) All draft reports, the cost of which will be considered a direct cost,
will be submitted to the Commission for review and approval 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.
(5) PUBLICATION PROVISIONS:
(A) Copyright: Papers, interim or final reports, forms and other materials
which are part of the work under contract will not be co pyrighted without written approval
of the Commission and/or FTA, as appropriate.
(B) Request for Publication: Either party to the Agreement or FTA may
initiate a request for publication of reports.
(C) Abstracts: When the scheduled time for presentation of a paper does
not permit formal review and approval by the Commission and/or FTA 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 Commission’s and/or FTA’s interests by the
inclusion of a statement in the paper and in the presentation that the paper has not been
reviewed and approved by Commission and/or FTA.
(D) Publication: Publication by either party shall give credit to the other
party and/or FTA, unless upon failure of agreement upon any report of the study, FTA or
either of the parties to this Agreement requests that its credit acknowledgement be
omitted; and then the following statement shall be added:
“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 or Federal
Transit Administration."
(E) Use of Data: After acceptance of the reports, all parties are free to
use the data and results for whatever purpose.
(F) Cooperative Participation: All reports shall bear a statement
crediting the cooperative participation of all agencies, including the FTA, as appropriate.
(G) Freedom of Information: The publication provisions contained in this
paragraph (5) are subject to the provisions of Chapter 610, RSMo, and all applicable laws
of the United States Government concerning freedom of information.
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(6) RETENTION AND AUDIT OF RECORDS:
(A) Record Retention: The Grantee or any approved subcontractor shall
be required to maintain accounting records and any other evidence pertaining to the cost
incurred regarding the study and to make the records available to the Commission, the
FTA and/or their designees or representatives at its office at all reasonable times during
the contract period and for three (3) years from the date of the final payment of federal
funds.
(B) Record Inspection: Such accounting records and other evidence
pertaining to the costs incurred will be made available for inspection by the Commission,
FTA, or any authorized representative thereof at no charge to the Commission, FTA,
and/or its designees and representatives, and copies shall be furnished if reque sted.
(C) Audit of Records: Upon receipt of a notice of intent to audit from the
Commission, the Grantee shall not dispose of any records pertaining to the costs incurred
regarding the study until the audit is completed.
(7) INFORMATION FURNISHED AND WORK PERFORMED BY THE
GRANTEE: The Grantee shall make available to the Commission 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.
(8) INFORMATION AND WORK FURNISHED BY THE COMMISSION: 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.
(9) PROJECT TIME PERIOD: Work under this Agreement shall begin July 1,
2021 and extend to December 31, 2023. No work shall be performed under this
Agreement until a notice to proceed is received from the Commission or until pre-award
authority has been granted by the Commission.
(10) PAYMENT:
(A) Reimbursement: For the work described in this Agreement, the
Grantee shall receive payment based on actual costs, as defined in subparagraph (10)
(B), up to a maximum amount of twenty-five thousand dollars ($25,000.00). This amount
is eighty percent (80%) federal reimbursement of the total actual costs. The federal
reimbursement of this amount shall be composed of FTA public transportation
cooperative research funds under 49 USC Section 5305. The local matching share shall
be twenty percent (20%) for funds provided under 49 USC Section 5305 and will be
provided by Grantee.
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(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 from either the Grantee or
Subcontractor submitted either monthly or quarterly. Invoices will be based on actual
costs incurred. Each invoice will show the breakdown of the cost incurred. Such progress
payments will be based on actual costs incurred. In no instance shall the progress
payments exceed the percentage of work completed. 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 Office of
Management and Budget (hereinafter, “OMB”) Guidance 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards – State, Local Government and Indian Tribal Governments
2. 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, worker’s 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. Indirect costs shall be based on the approved cost allocation
plan supported by the Grantee’s annual budget for the fiscal year in which the scope of
services is to be carried out. A rate is calculated on the basis of the estimated total annual
administrative expenses, excluding known unallowable costs as prescribed in various
federal regulations, including 2 CFR Part 200 , divided by the sum of the total annual
salaries chargeable as direct labor. Calculation of the indirect rate is specified in the cost
allocation plan and is approved by the audit agency. The indirect rate is audited and
adjusted at each fiscal year end by the audit agency.
5. Other direct costs charged shall be based on the actua l cost
of supplies and equipment purchased or rented for exclusive use of this project. The
procurement of supplies and equipment shall be in accordance with procedures
established by the State of Missouri and FTA.
(C) Compensation: Compensation shall be paid by the Commission to
the Grantee for work performed hereunder, subject to the limitations of paragraphs
(10)(A) and (10)(B), as supported by Appendix A.
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(D) Direct Costs: The following are considered direct costs and are
chargeable as such:
1. Salaries and fringe benefits; and
2. Other non-salary expenses directly related to this Agreement,
such as: classified advertising; contractual services; data processing; equipment
maintenance and rental; meetings and conferences; postage; publications; reproduction;
supplies; travel; and long distance telephone calls.
(E) Final Payment: The final payment will be made only after
acceptance by the Commission of the final report and receipt of information/work products
in accordance with subparagraph (10)(F) considered to be satisfactory to the
Commission. 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 final
report and receipt of information/work products. If Grantee was overcompensated
according to final audit results, Grantee will reimburse the Commission the amount
specified 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) 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.
(11) CHANGES: The Commission or the Grantee may request changes in the
scope of work under this Agreement. Changes in the scope of 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 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.
(12) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Grantee shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Grantee's
wrongful or negligent performance of its obligations under this Agreement.
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(B) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party’s rights or defenses with regard to each
party’s applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
(13) TERMINATION: This Agreement may be terminated upon any of the
following conditions:
(A) If, for any cause, the Grantee shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Grantee shall violate any of the
covenants, agreements, or stipulations contained herein, the Commission shall have the
right to terminate this Agreement if such default or violation is not corrected within twenty
(20) days after written notice is sent to the Grantee describing such default or violation.
(B) The Commission may terminate this Agreement without recourse in
the event that, for any reason, federal funds are not appropriated, allotted, or available to
the Commission for the purpose of meeting the Commission's obligation hereunder. The
Commission will provide written notice of such termination to the Grantee at least five (5)
days prior to the effective date of termination.
(C) Either party may terminate this Agreement at any time by giving
written notice to the other party of such termination and specifying the effective date
thereof at least forty-five (45) days in advance of such termination date.
(D) If the Commission terminates the Agreement, the Commission shall
be liable only for the work rendered to the date of termination, based upon 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.
(E) 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.
(14) DISPUTES: Any disputes that arise under this Agreement shall be decided
by the Commission or its representative.
(15) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Grantee agrees as follows:
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(A) Civil Rights Statutes: The Grantee shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and Title
VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et seq.), 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 the Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans with
Disabilities Act.
(B) Administrative Rules: The Grantee shall comply with the
administrative rules of the USDOT relative to nondiscrimination in federally assisted
programs of the USDOT (49 Code of Federal Regulations (hereinafter, “CFR”) Subtitle A,
Part 21) which are herein incorporated by reference and made part of this Agreement.
(C) Nondiscrimination: The Grantee shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age 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 discrimination prohibited by 49 CFR 21.5, including employment
practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Grantee. These apply to 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 race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The Grantee shall provide all information
and reports required by this 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 USDOT to
be necessary to ascertain compliance with other 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 USDOT as appropriate and shall set forth what efforts it has made to
obtain the information.
(F) 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 USDOT may determine to be appropriate,
including but not limited to:
1. Withholding of payments under this Agreement until the
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Grantee complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Grantee shall include the provisions
of paragraph (15) 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 USDOT. The
Grantee will take such action with respect to any subcontract or procurement as the
Commission or the USDOT may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided that in the event the Grantee becomes involved
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.
(16) SECTION 504 ASSURANCES AND THE AMERICANS WITH
DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements
imposed by the USDOT regulations implementing the Rehabilitation Act of 1973, as
amended, and the Americans with Disabilities Act of 1990 (and any subsequent
amendments thereto) set forth in 49 CFR Subtitle A, Parts 27, 37, and 38, as well as all
applicable regulations and directives issued pursuant thereto by other federal
departments or agencies.
(17) RESTRICTION ON LOBBYING: The Grantee shall comply with the
requirements of 31 USC Section 1352.
(18) THIRD PARTY CONTRACTS:
(A) Prior to execution by either party, the Grantee shall submit to the
Commission for review, comment and approval all contracts for services included in the
Grantee’s application for project assistance to be provided to the Grantee by a third party.
(B) The Commission shall not be liable to contractors or subcontractors
of the Grantee or any other person not a party to this Agreement in connection with the
performance of the project.
(19) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(20) EQUIPMENT AND INSTRUMENTATION:
(A) It is agreed that major items of special equipment, which are not
identified specifically in Appendix A, require specific approval by the Commission prior to
purchase. A major special equipment item is one costing two thousand five hundred
dollars ($2,500) or more, which is not used up during the course of the study.
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(B) The major items of special equipment and instrumentation as listed
in Appendix A 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.
(21) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Grantee shall co mply with all local,
state and federal laws and regulations relating to the performance of the Agreement.
(22) DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS: The
Commission will advise the Grantee of any required goals for participation by
disadvantaged business enterprises for the work to be performed to be included in the
Grantee’s project application. The Grantee shall comply with the Commission’s plan or
goal and all requirements of 49 CFR Part 26, as amended.
(23) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by written
notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(24) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against the Grantee, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Grantee responsible for damages.
(25) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(26) AMENDMENTS: 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.
(27) SECTION HEADINGS: All section headings contained in this Agreement
are for the convenience of reference only and are not intended to define or limit the scope
of any provision of this Agreement.
(28) AUDIT REQUIREMENTS: If the Grantee expends seven hundred fifty
thousand dollars ($750,000) or more in a year in federal financial assistance it is required
to have an independent annual audit conducted in accordance with 2 CFR Part 200. A
copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days
after receipt of the auditor's report(s), or nine (9) months after the end of the audit
period. Subject to the requirements of 2 CFR Part 200, if the Grantee expends less than
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seven hundred fifty thousand dollars ($750,000) a year, the Grantee may be exempt from
auditing requirements for that year, but records must be available for review or audit by
applicable state and federal authorities.
(29) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No
member of or delegate to the Congress of the United States shall be admitted to any
share or part of this contract or to any benefit arising from this Agreement.
(30) SOURCE OF COMMISSION FUNDS: The obligation of the Commission
for financial assistance in the project is contingent upon this Agreement being approved
by the FTA and the USDOT, and upon federal funds being allocated to and approved for
the project.
(31) LACK OF WAIVER: In no event shall payment of grant funds to the Grantee
by the Commission constitute or be construed as a waiver by the Commission of any
breach of covenants or any default which may exist on the part of the Grantee, and the
making of any such payment by the Commission while any such breach or default shall
exist shall in no way impair or prejudice any right or remedy available to the Commission
with respect to such breach or default.
(32) CONFIDENTIALITY: The Grantee shall not disclose to third parties’
confidential factual matters provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Grantee
shall notify the Commission immediately of any request for such information.
(33) NONSOLICITATION: The Grantee warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(34) FEDERAL CHANGES: The Grantee shall at all times comply with all
applicable FTA regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the most recently issued FTA Master
Agreement, as they may be amended or promulgated from time to time during the term
of this Agreement. The Grantee's failure to comply shall constitute a material breach of
this Agreement.
(35) NO OBLIGATION BY THE UNITED STATES DEPARTMENT OF
TRANSPORTATION: The Grantee acknowledges and agrees that, notwithstanding any
concurrence by the USDOT in or approval of the solicitation or award of the underlying
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contract, absent the express written consent by the USDOT, the USDOT is not a party to
this Agreement and shall not be subject to any obligations or liabilities to the Grantee or
any other party pertaining to any matter resulting from the Agreement. The Grantee
agrees that it will ensure that the contractor will include the above clause in each
subcontract financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clause shall not be modified, except to identify the subcontractor
who will be subject to its provisions.
(36) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS:
(A) The Grantee acknowledges that the provisions of the Program Fraud
Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations,
"Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its actions
pertaining to this Project. The Grantee shall ensure that the contractor will certify or affirm
the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract of the FTA assisted project f or
which this contract work is being performed. In addition to other penalties that may be
applicable, the Grantee further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the USDOT
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of
1986 on the Grantee to the extent the USDOT deems appropriate.
(B) The Grantee also acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the
USDOT under a contract connected with a project that is financed in whole or in part with
Federal assistance originally awarded by FTA under the authority of 49 USC 5311, the
Government reserves the right to impose the penalties of 18 USC 1001 on the Grantee,
to the extent the Federal Government deems appropriate.
(C) The Grantee agrees to include the above two clauses in each of its
contracts financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the contractor
subcontractor who will be subject to the provisions.
(37) PRIVACY ACT:
(A) The Grantee agrees to comply with, and assures the compliance of
its employees with, the information restrictions and other applicable requirements of the
Privacy Act of 1974, 5 USC 552a. Among other things, the Grantee agrees to obtain the
express consent of the USDOT before the Grantee or its employees operate a system of
records on behalf of the USDOT. The Grantee understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act, apply to
those individuals involved, and that failure to comply with the terms of the Privacy Act
may result in termination of the Agreement.
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(B) The Grantee also agrees to include these requirements in each of its
contracts to administer any system of records on behalf of the USDOT financed in whole
or in part with Federal assistance provided by FTA.
(38) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)
TERMS: The preceding provisions include, in part, certain Standard Terms and
Conditions required by the USDOT, whether or not expressly set forth in the pre ceding
contract provisions. All contractual provisions required by the USDOT, as set forth in FTA
Circular 4220.1F, dated March 18, 2013, are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this Agreement. The
Grantee shall not perform any act, fail to perform any act, or refuse to comply with any
requests which would cause the Grantee to be in violation of the FTA terms and
conditions.
(39) STATE AND LOCAL LAW DISCLAIMER: The use of many of the
suggested clauses are not governed by Federal law, but are significantly affected by State
law. The language of the suggested clauses may need to be modified depending on state
law, and that before the suggested clauses are used in the Grantee's procurement
documents, the Grantee should consult with their lo cal attorney.
(40) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006: The Grantee shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 CFR Part 170.
(41) NON-EMPLOYMENT OF UNAUTHORIZED ALIENS: Pursuant to Section
285.530, RSMo., no business entity or employer shall knowingly employ, hire for
employment, or continue to employ an unauthorized alien to perform work within the State
of Missouri. As a condition for the award of any contract or grant in excess of five
thousand dollars by the State or by any political subdivision of the State to a business
entity, or for any business entity receiving a state -administered or subsidized tax credit,
tax abatement, or loan from the state, the business entity shall:
(A) By sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with r espect to the
employees working in connection with the contracted services. E-Verify is an example of
a federal work authorization program. The business entity must affirm its enrollment and
participation in the E-Verify federal work authorization program with respect to the
employees proposed to work in connection with the services requested herein by
providing acceptable enrollment and participation documentation consisting of
completed copy of the E-Verify Memorandum of Understanding (MOU). For business
entities that are not already enrolled and participating in a federal work authorization
program, E-Verify is available at
http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm.
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(B) By sworn affidavit, affirm that it does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services. A copy
of the affidavit referenced herein is provided within this document, attached as Appen dix
B.
[Remainder of Page is Intentionally Left Blank.]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date
written below.
Executed by the Grantee this ____________________________________(date).
Executed by the Commission this _________________________________(date).
MISSOURI HIGHWAYS AND CAPITAL AREA METROPOLITAN PLANNNING
ORGANIZATION, aka CAMPOTRANSPORTATION COMMISSION
By ___________________________ By ____________________________
Title __________________________ Title __________________________
Attest: Attest:
By ___________________________ By ____________________________
Secretary to the Commission
Title __________________________
Approved as to Form: Approved as to Form:
______________________________ ______________________________
Commission Counsel Counsel
Ordinance No. __________________
(if applicable)
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2023-02-08 | 9:59 AM CST
Mayor
City Clerk
Assistant Chief Engineer
2023-03-10 | 8:31 AM CST
Appendix A
AGREEMENT AMOUNT
Project: FEDERAL STATEWIDE PLANNING
Agency: CAPITAL AREA METROPOLITAN PLANNNING ORGANIZATION,
aka CAMPO
County: COLE
Grant Amount: $25,000.00
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BILL NO. 2022-108
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. / 6/6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A $25,000 AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR THE DEVELOPMENT OF THE CAPITAL AREA
ACTIVE TRANSPORTATION PLAN IN FY2023.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Missouri Department of Transportation is authorized to make grants for public
transportation planning projects; and
the Missouri Department of Transportation made available Federal Transit
Administration Section 5304 Statewide Planning funds; and
the Section 5304 Statewide Planning funds have been approved for use in the
development of the Capital Area Active Transportation Plan; and
the Section 5304 Statewide Planning funds will replace a portion of Consolidated
Planning Grant Funds already allocated for this activity.
NOW, THEREFORE, 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 Highways and Transportation Commission for the use of Section
5304 Statewide Planning Funds.
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 effect immediately upon passage.
Passed: `l it 44 d (0 J );3
Presiding Officer
ATTEST:
Approved: Yh4A ZOZ3
Mayor Carrie Tergin
City Aftorryeyr
APPROVED AS TO FORM:
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CCO Form:
Approved:
Revised:
Modified:
M078
08/94 (MLH)
03/17 (MWH)
CFDA Number: CFDA #20.515
CFDA Title: State Planning and Research
EXHIBIT A
Federal Agency: Federal Transit Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
PUBLIC TRANSPORTATION PLANNING GRANT AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and Capital Area Metropolitan Planning
Organization, aka CAMPO (hereinafter, "Grantee").
WITNESSETH:
WHEREAS, the Grantee has applied to the Commission for a grant of funds made
available to the Commission under Chapter 53 of Title 49, United States Code
hereinafter, "USC") Section 5305, and the Commission has awarded planning funds
available pursuant to said act to the Grantee with the understanding that such funds will
be used pursuant to this Agreement for purposes specified in the Grantee's application
and budget as one for planning assistance (Appendix A).
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, the parties agree as follows:
1) PURPOSE: The purpose of this Agreement is to assist the Grantee in
financing planning project expenses that are eligible for federal financial assistance under
49 USC Section 5305.
2) SOURCE OF FUNDS: The Commission will make a grant from available
federal funds in an amount not to exceed eighty percent (80%) of the project's cost in a
manner consistent with the administrative rules of the United States Department of
Transportation (hereinafter, "USDOT"), Federal Transit Administration (hereinafter,
FTA") as contained in FTA Circular 8100.1 C, dated September 1, 2008, or any
subsequent circulars regarding public transportation planning grants, and any other
regulations pursuant to the Federal Transit Act, as amended.
3) SCOPE OF WORK: The Grantee will undertake and complete the work as
specified in the approved project application/budget (Appendix A, which is attached
hereto and incorporated herein by this reference).
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4) REPORTS:
A) All draft reports, the cost of which will be considered a direct cost,
will be submitted to the Commission for review and approval 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.
5) PUBLICATION PROVISIONS:
A) Copyright: Papers, interim or final reports, forms and other materials
which are part of the work under contract will not be copyrighted without written approval
of the Commission and/or FTA, as appropriate.
B) Request for Publication: Either party to the Agreement or FTA may
initiate a request for publication of reports.
C) Abstracts: When the scheduled time for presentation of a paper does
not permit formal review and approval by the Commission and/or FTA 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 Commission's and/or FTA's interests by the
inclusion of a statement in the paper and in the presentation that the paper has not been
reviewed and approved by Commission and/or FT A.
D) Publication: Publication by either party shall give credit to the other
party and/or FT A, unless upon failure of agreement upon any report of the study, FTA or
either of the parties to this Agreement requests that its credit acknowledgement be
omitted ; and then the following statement shall be added :
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 or Federal
Transit Administration."
E) Use of Data: After acceptance of the reports , all parties are free to
use the data and results for whatever purpose .
F) Cooperative Participation : All reports shall bear a statement
crediting the cooperative participation of all agencies, including the FTA, as appropriate.
G) Freedom of Information: The publication provisions contained in this
paragraph (5) are subject to the provisions of Chapter 610, RSMo, and all applicable laws
of the United States Government concerning freedom of information.
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6) RETENTION AND AUDIT OF RECORDS:
A) Record Retention: The Grantee or any approved subcontractor shall
be required to maintain accounting records and any other evidence pertaining to the cost
incurred regarding the study and to make the records available to the Commission, the
FTA and/or their designees or representatives at its office at all reasonable times during
the contract period and for three (3) years from the date of the final payment of federal
funds.
B) Record Inspection: Such accounting records and other evidence
pertaining to the costs incurred will be made available for inspection by the Commission,
FTA, or any authorized representative thereof at no charge to the Commission, FTA,
and/or its designees and representatives, and copies shall be furnished if requested.
C) Audit of Records: Upon receipt of a notice of intent to audit from the
Commission, the Grantee shall not dispose of any records pertaining to the costs incurred
regarding the study until the audit is completed.
7) INFORMATION FURNISHED AND WORK PERFORMED BY THE
GRANTEE: The Grantee shall make available to the Commission 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.
8) INFORMATION AND WORK FURNISHED BY THE COMMISSION: 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.
9) PROJECT TIME PERIOD: Work under this Agreement shall begin July 1,
2021 and extend to December 31, 2023. No work shall be performed under this
Agreement until a notice to proceed is received from the Commission or until pre-award
authority has been granted by the Commission.
1 0) PAYMENT:
A) Reimbursement: For the work described in this Agreement, the
Grantee shall receive payment based on actual costs, as defined in subparagraph (1 0)
B), up to a maximum amount of twenty-five thousand dollars ($25,000.00). This amount
is eighty percent (80%) federal reimbursement of the total actual costs . The federal
reimbursement of this amount shall be composed of FTA public transportation
cooperative research funds under 49 USC Section 5305. The local matching share shall
be twenty percent (20%) for funds provided under 49 USC Section 5305 and will be
provided by Grantee.
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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 from either the Grantee or
Subcontractor submitted either monthly or quarterly. Invoices will be based on actual
costs incurred. Each invoice will show the breakdown of the cost incurred. Such progress
payments will be based on actual costs incurred. In no instance shall the progress
payments exceed the percentage of work completed. 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 Office of
Management and Budget (hereinafter, "OMB") Guidance 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards -State, Local Government and Indian Tribal Governments
2. 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, worker's 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. Indirect costs shall be based on the approved cost allocation
plan supported by the Grantee's annual budget for the fiscal year in which the scope of
services is to be carried out. A rate is calculated on the basis of the estimated total annual
administrative expenses , excluding known unallowable costs as prescribed in various
federal regulations, including 2 CFR Part 200 , divided by the sum of the total annual
salaries chargeable as direct labor. Calculation of the indirect rate is specified in the cost
allocation plan and is approved by the audit agency. The indirect rate is audited and
adjusted at each fiscal year end by the audit agency.
5. Other direct costs charged shall be based on the actual cost
of supplies and equipment purchased or rented for exclusive use of this project. The
procurement of supplies and equipment shall be in accordance with procedures
established by the State of Missouri and FT A.
C) Compensation: Compensation shall be paid by the Commission to
the Grantee for work performed hereunder, subject to the limitations of paragraphs
1 O)(A) and (1 O)(B), as supported by Appendix A.
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D) Direct Costs: The following are considered direct costs and are
chargeable as such:
1. Salaries and fringe benefits; and
2. Other non-salary expenses directly related to this Agreement,
such as: classified advertising; contractual services; data processing; equipment
maintenance and rental; meetings and conferences; postage; publications; reproduction;
supplies; travel; and long distance telephone calls.
E) Final Payment: The final payment will be made only after
acceptance by the Commission of the final report and receipt of information/work products
in accordance with subparagraph (1 O)(F) considered to be satisfactory to the
Commission. 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 final
report and receipt of information/work products. If Grantee was overcompensated
according to final audit results, Grantee will reimburse the Commission the amount
specified 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) 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.
11) CHANGES: The Commission or the Grantee may request changes in the
scope of work under this Agreement. Changes in the scope of 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 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.
12) INDEMNIFICATION:
A) To the extent allowed or imposed by law, the Grantee shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Grantee's
wrongful or negligent performance of its obligations under this Agreement.
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B) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to each
party's applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
13) TERMINATION: This Agreement may be terminated upon any of the
following conditions:
A) If, for any cause, the Grantee shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Grantee shall violate any of the
covenants, agreements, or stipulations contained herein, the Commission shall have the
right to terminate this Agreement if such default or violation is not corrected within twenty
20) days after written notice is sent to the Grantee describing such default or violation.
B) The Commission may terminate this Agreement without recourse in
the event that, for any reason, federal funds are not appropriated, allotted, or available to
the Commission for the purpose of meeting the Commission's obligation hereunder. The
Commission will provide written notice of such termination to the Grantee at least five (5)
days prior to the effective date of termination.
C) Either party may terminate this Agreement at any time by giving
written notice to the other party of such termination and specifying the effective date
thereof at least forty-five (45) days in advance of such termination date.
D) If the Commission terminates the Agreement, the Commission shall
be liable only for the work rendered to the date of termination, based upon 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.
E) 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.
14) DISPUTES: Any disputes that arise under this Agreement shall be decided
by the Commission or its representative.
15) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Grantee agrees as follows:
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A) Civil Rights Statutes: The Grantee shall comply with all state and
federal statutes relating to nondiscrimination , including but not limited to Title VI and Title
VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et seq.), 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 the Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans with
Disabilities Act.
B) Administrative Rules: The Grantee shall comply with the
administrative rules of the USDOT relative to nondiscrimination in federally assisted
programs of the US DOT (49 Code of Federal Regulations (hereinafter, "CFR") Subtitle A ,
Part 21) which are herein incorporated by reference and made part of this Agreement.
C) Nondiscrimination: The Grantee shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age 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 discrimination prohibited by 49 CFR 21.5, including employment
practices.
D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Grantee . These apply to 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 race, color, religion, creed,
sex , disability or national origin, age or ancestry of any individual.
E) Information and Reports: The Grantee shall provide all information
and reports required by this 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 USDOT to
be necessary to ascertain compliance with other 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 US DOT as appropriate and shall set forth what efforts it has made to
obtain the information.
F) 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 USDOT may determine to be appropriate,
including but not limited to :
1. Withholding of payments under this Agreement until the
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Grantee complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
G) Incorporation of Provisions: The Grantee shall include the provisions
of paragraph (15) 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 USDOT. The
Grantee will take such action with respect to any subcontract or procurement as the
Commission or the US DOT may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided that in the event the Grantee becomes involved
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.
16) SECTION 504 ASSURANCES AND THE AMERICANS WITH
DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements
imposed by the USDOT regulations implementing the Rehabilitation Act of 1973, as
amended, and the Americans with Disabilities Act of 1990 (and any subsequent
amendments thereto) set forth in 49 CFR Subtitle A, Parts 27, 37, and 38, as well as all
applicable regulations and directives issued pursuant thereto by other federal
departments or agencies.
17) RESTRICTION ON LOBBYING: The Grantee shall comply with the
requirements of 31 USC Section 1352 .
18) THIRD PARTY CONTRACTS :
A) Prior to execution by either party, the Grantee shall submit to the
Commission for review, comment and approval all contracts for services included in the
Grantee's application for project assistance to be provided to the Grantee by a third party .
B) The Commission shall not be liable to contractors or subcontractors
of the Grantee or any other person not a party to this Agreement in connection with the
performance of the project.
19) ASSIGNMENT : The Grantee shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
20) EQUIPMENT AND INSTRUMENTATION:
A) It is agreed that major items of special equipment, which are not
identified specifically in Appendix A, require specific approval by the Commission prior to
purchase. A major special equipment item is one costing two thousand five hundred
dollars ($2,500) or more , which is not used up during the course of the study .
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B) The major items of special equipment and instrumentation as listed
in Appendix A 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.
21) 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.
22) DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS : The
Commission will advise the Grantee of any required goals for participation by
disadvantaged business enterprises for the work to be performed to be included in the
Grantee's project application. The Grantee shall comply with the Commission's plan or
goal and all requirements of 49 CFR Part 26, as amended.
23) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by written
notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
24) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against the Grantee, whether voluntarily, or upon the appointment of a receiver,
trustee , or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Grantee responsible for damages.
25) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
26) AMENDMENTS: 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.
27) SECTION HEADINGS: All section headings contained in this Agreement
are for the convenience of reference only and are not intended to define or limit the scope
of any provision of this Agreement.
28) AUDIT REQUIREMENTS: If the Grantee expends seven hundred fifty
thousand dollars ($750,000) or more in a year in federal financial assistance it is required
to have an independent annual audit conducted in accordance with 2 CFR Part 200 . A
copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days
after receipt of the auditor's report(s), or nine (9) months after the end of the audit
period . Subject to the requirements of 2 CFR Part 200, if the Grantee expends less than
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seven hundred fifty thousand dollars ($750,000) a year, the Grantee may be exempt from
auditing requirements for that year, but records must be available for review or audit by
applicable state and federal authorities.
29) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No
member of or delegate to the Congress of the United States shall be admitted to any
share or part of this contract or to any benefit arising from this Agreement.
30) SOURCE OF COMMISSION FUNDS: The obligation of the Commission
for financial assistance in the project is contingent upon this Agreement being approved
by the FTA and the USDOT, and upon federal funds being allocated to and approved for
the project.
31) LACK OF WAIVER: In no event shall payment of grant funds to the Grantee
by the Commission constitute or be construed as a waiver by the Commission of any
breach of covenants or any default which may exist on the part of the Grantee, and the
making of any such payment by the Commission while any such breach or default shall
exist shall in no way impair or prejudice any right or remedy available to the Commission
with respect to such breach or default.
32) CONFIDENTIALITY: The Grantee shall not disclose to third parties'
confidential factual matters provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Grantee
shall notify the Commission immediately of any request for such information.
33) NONSOLICITATION: The Grantee warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
34) FEDERAL CHANGES: The Grantee shall at all times comply with all
applicable FTA regulations , policies, procedures and directives, including without
limitation those listed directly or by reference in the most recently issued FTA Master
Agreement, as they may be amended or promulgated from time to time during the term
of this Agreement. The Grantee's failure to comply shall constitute a material breach of
this Agreement.
35) NO OBLIGATION BY THE UNITED STATES DEPARTMENT OF
TRANSPORTATION: The Grantee acknowledges and agrees that, notwithstanding any
concurrence by the USDOT in or approval of the solicitation or award of the underlying
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contract, absent the express written consent by the USDOT, the USDOT is not a party to
this Agreement and shall not be subject to any obligations or liabilities to the Grantee or
any other party pertaining to any matter resulting from the Agreement. The Grantee
agrees that it will ensure that the contractor will include the above clause in each
subcontract financed in whole or in part with Federal assistance provided by FT A. It is
further agreed that the clause shall not be modified, except to identify the subcontractor
who will be subject to its provisions.
36) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS:
A) The Grantee acknowledges that the provisions of the Program Fraud
Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations,
Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its actions
pertaining to this Project. The Grantee shall ensure that the contractor will certify or affirm
the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract of the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be
applicable, the Grantee further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the USDOT
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of
1986 on the Grantee to the extent the USDOT deems appropriate.
B) The Grantee also acknowledges that if it makes, or causes to be
made , a false, fictitious, or fraudulent claim, statement, submission, or certification to the
US DOT under a contract connected with a project that is financed in whole or in part with
Federal assistance originally awarded by FTA under the authority of 49 USC 5311, the
Government reserves the right to impose the penalties of 18 USC 1001 on the Grantee,
to the extent the Federal Government deems appropriate.
C) The Grantee agrees to include the above two clauses in each of its
contracts financed in whole or in part with Federal assistance provided by FT A. It is
further agreed that the clauses shall not be modified, except to identify the contractor
subcontractor who will be subject to the provisions .
37) PRIVACY ACT:
A) The Grantee agrees to comply with, and assures the compliance of
its employees with, the information restrictions and other applicable requirements of the
Privacy Act of 1974 , 5 USC 552a. Among other things, the Grantee agrees to obtain the
express consent of the US DOT before the Grantee or its employees operate a system of
records on behalf of the USDOT. The Grantee understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act, apply to
those individuals involved, and that failure to comply with the terms of the Privacy Act
may result in termination of the Agreement.
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B) The Grantee also agrees to include these requirements in each of its
contracts to administer any system of records on behalf of the US DOT financed in whole
or in part with Federal assistance provided by FT A.
38) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)
TERMS: The preceding provisions include, in part, certain Standard Terms and
Conditions required by the USDOT, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by the US DOT, as set forth in FTA
Circular 4220.1 F, dated March 18, 2013, are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this Agreement. The
Grantee shall not perform any act, fail to perform any act, or refuse to comply with any
requests which would cause the Grantee to be in violation of the FTA terms and
conditions .
39) STATE AND LOCAL LAW DISCLAIMER: The use of many of the
suggested clauses are not governed by Federal law but are significantly affected by State
law. The language of the suggested clauses may need to be modified depending on state
law, and that before the suggested clauses are used in the Grantee's procurement
documents, the Grantee should consult with their local attorney.
40) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006: The Grantee shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 CFR Part 170.
41) NON-EMPLOYMENT OF UNAUTHORIZED ALIENS : Pursuant to Section
285.530, RSMo ., no business entity or employer shall knowingly employ, hire for
employment, or continue to employ an unauthorized alien to perform work within the State
of Missouri. As a condition for the award of any contract or grant in excess of five
thousand dollars by the State or by any political subdivision of the State to a business
entity, or for any business entity receiving a state-administered or subsidized tax credit ,
tax abatement, or loan from the state, the business entity shall:
A) By sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with respect to the
employees working in connection with the contracted services. E-Verify is an example of
a federal work authorization program . The business entity must affirm its enrollment and
participation in the E-Verify federal work authorization program with respect to the
employees proposed to work in connection with the services requested herein by
providing acceptable enrollment and participation documentation consisting of
completed copy of the E-Verify Memorandum of Understanding (MOU). For business
entities that are not already enrolled and participating in a federal work authorization
program , E-Verify is available at
http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm.
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B) By sworn affidavit, affirm that it does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services. A copy
of the affidavit referenced herein is provided within this document, attached as Appendix
B.
Remainder of Page is Intentionally Left Blank.]
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Appendix A-Financial Summary
Anticipated Expenditures & Revenue
CAMPO receives funding from the FHWA and FTA 5303 funds through the Consolidated Planning Grant (CPG)
administered by MoDOT. Funding consists of 80% federal and 20% local matching funds; Jefferson City
contributes 7 5% and Cole County contributes 25% except where noted differently.
Table 1: FY 2023 CAMPO Budget*
Direct Costs
Federal -CPG (80%) Local (20%) Total (100%)
Materials & Supplies
Advertising $2,080 $520 $2,600
Postage $240 $60 $300
Printing $160 $40 $200
Copies $160 $40 $200
Office Supplies $800 $200 $1,000
Food $240 $60 $300
Operational Supplies $800 $200 $1,000
Subtotal $4,480 $1,120 $5,600
Other Contracted Services
Dues & Publications $1,200 $300 $1,500
Training and Education $3,600 $900 $4,500
Tuition Reimbursement $2,400 $600 $3,000
Professional Services-MTP Update $24,000 $6,000 $30,000
Professional Services -Pedestrian/Bicycle Plan $50,000 $12,500 $62,500
Subtotal $81,200 $20,300 $101,500
Equipment Repair and Maintenance
Equipment Maintenance $0 $0 $0
Vehicle Wash $0 $0 $0
Maintenance Agreement $1,920 $480 $2AOO
S.ubtotal $1,920 $480 $2,400
Capital Purchases and Utilities**
Equipment/ software $2720 $680 $3,400
Subtotal $2,720 $680 $3,400
Total Direct Costs $90,320 $22,580 $112,900
Labor Costs
Salaries plus benefits $143,631 $35,908 $179,539
Total Labor Costs $143,631 $35,908 $179,539
Total MPO Budgetl $233,951 I $58,488 I $292,4391
Rounded to the nearest whole number.
The City of Jefferson covers all the Utility and Capital Purchases expenses, except for some specific software licenses used for
publishing or mapping.
Capital Area Metropolitan Planning Organization FY 2023 UPWP 12
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T bl 2 FY2023 W k Elae : or em en t F d' un ln9 summary • c I'd t d PIonso1ae anmng G ran an dl oca IF dun s
w ....
LL -
0 ... .... ~
LL Q;
Oi 0 0:1 " .... "
LL
LL E " ::::. "'
Total Total 2 :iE ::::. "' = -
o( 0 "' "'
Federal Local i?: "
Oi Oi c 'E .,_ ·;; "
c .E CPG Funds Match " -"' c c c I! !; " " " .,
Work Element ;;: ;;: ;;: o( Sub-Total 80% 20% Total " ~ .,_
Labor Costs*
521-Prog ram Support & Administration $25,675 $685 $26,360 $21,088 $5,272 $26,360 9%
522-General Develop. and Camp. Planning $8,148 $8,476 $16,624 $13,299 $3,325 $16,624 6%
524-Short Range Transportation Planning $4,656 $16,300 $20,956 $16,765 $4,191 $20,956 7%
525-Long Range Transportation Planning $4,668 $37,636 $25,428 $67,732 $54,185 $13,546 $67,732 23%
526-Public Transportation Planning $22,892 $17,604 $40,496 $32,397 $8,099 $40,496 14%
527 -Safe/Accessible Transportation Planning $7,372 $7,372 $5,898 $1,474 $7,372 3%
Labor Costs (Base + Fringe) Subtotal $30,343 $80,704 $67,807 $685 $179,539 $143,631 $35,908 $179,539 61%
Direct Costs*
521-Direct Costs-Program Support and Administration $20,400 $16,320 $4,080 $20,400 7%
524-Direct Com -Pedestrian/Bicycle Plan (50% roll over estimate from FY 2022)** $62,500 $50,000 $12,500 $62,500 21%
525-Direct Costs -Metropolitan Tranpsortaiton Plan Update $30,000 $24,000 $6,000 $30,000 10%
Direct Costs Subtotal $112,900 $90,320 $22,580 $112,900 39%
Total* $233,951 $58,488 $292,439 100%
Numbers are rounded to the nearest whole number. Staff sa lanes are based on an hourly rate (base+ fnnge). Staff trme allocatrons
are subject to change as planning activities fluctuate. The MJ>O Executive Director position is full-time, but is not funded by the MJ>O and
does not appear in theta ble above. The MJ>O Director is the Director of the Jefferson City Department of Planning and Protective
Services, MJ>O activities are only a portion of the Director's job duties.** The Capital Area Pedestrian and Bicycle Plan was programmed
for update in FY 2022 at a cost of approximately $125,000. Due to project delays, is estimated that approximately 50% will be rolled
over into FY 2023. JC Parks will pay $25,000 of local match associated with the Pedestrian/Bicycle Plan update. Note: The 2021
Bipartisan Infrastructure Law (BIL) requires each MPO to use at least 2.5% of its PL funds on specified planning activities related to Safe
and Accessible Transportation Planning (Work Element 527). PL funds constitute -80% of CPG funds and the FY 2023 estimate is $4,610.
Table 3: FY 2023 Local Match by Jurisdiction
CPG Local Match
Category JC Parks Jefferson City 75% Cole County 25% Total
Labor Costs $0 $26,931 $8,977 $35,908
521-Direct Costs $0 $3,060 $1,020 $4,080
524-Direct Costs -Ped./Bicycle Plan* $12,500 $0 $0 $12,500
525-Direct Costs-M TP Update $0 $4,500 $1,500 $6,000
Total $12,500 $34,491 $11,497 $58,488
JC Parks will pay $25,000 of local match associated with the Pedestrian/Bicycle Plan update spanning FY 2022 and FY2023.
Balance Revenue
The final amount of the FY 2022 CPG Allocation will not be released by MoDOT until May of 2022. This UPWP will have been adopted
before this information is made available. Additionally, the MoDOT FY2022 SPR Work Program is also not available until after adoption
of this document. CAMPO staff may make modifications to totals in Table 4 after these allocation amounts are made available.
CAMPO may over-program or under-program annual CPO allocations in order to maintain a CPO balance to
provide flexibility in accommodating large scale planning efforts that may require added staff or consultant
services. Some years may require more funding than others in order to meet MPO planning goals and federal
requirements.
Capital Area Metropolitan Planning Organization FY 2023 UPWP 13
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Certificate Of Completion
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Subject: Complete with DocuSign: 2022-10-73816.pdf
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1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
breeze.mccracken@modot.mo.gov
IP Address: 168.166.80.221
Record Tracking
Status: Original
2/8/2023 9:31:34 AM
Holder: Breeze McCracken
breeze.mccracken@modot.mo.gov
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Ryan Moehlman
rmoehlman@jeffersoncitymo.gov
City Attorney
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Carrie Tergin
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Mayor
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Megan L. Waters-Hamblin
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Eric E. Schroeter
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Pamela J. Harlan - MHTC
pamela.harlan@modot.mo.gov
Secretary to the Commission
Missouri Department of Transportation
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