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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: -1- 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). MO-2019-011 or Other Available FundingDocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -2- (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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -3- (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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -4- (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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -5- (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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -6- (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: DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -7- (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 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -8- 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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -9- (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 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -10- 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 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -11- 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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -12- (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. DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 -13- (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.] DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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) DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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: DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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). 1- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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. 2- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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. 3- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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. 4- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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. 5- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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: 6- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 7- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 . 8- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 9- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 10- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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. 11- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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. 12- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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.] 13- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 14- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 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 15- DocuSign Envelope ID: 8D554502-D367-4B93-9F31-6A2D1276BDC0 Certificate Of Completion Envelope Id: 8D554502D3674B939F316A2D1276BDC0 Status: Completed Subject: Complete with DocuSign: 2022-10-73816.pdf Source Envelope: Document Pages: 36 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 0 Breeze McCracken AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 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 Location: DocuSign Signer Events Signature Timestamp Ryan Moehlman rmoehlman@jeffersoncitymo.gov City Attorney Security Level: Email, Account Authentication (Optional)Signature Adoption: Drawn on Device Using IP Address: 65.119.141.114 Sent: 2/8/2023 9:42:35 AM Viewed: 2/8/2023 9:42:56 AM Signed: 2/8/2023 9:43:17 AM Electronic Record and Signature Disclosure: Accepted: 2/8/2023 9:42:56 AM ID: 637f0ea6-7a09-491d-9172-2bc9ed3b4785 Carrie Tergin ctergin@jeffersoncitymo.gov Mayor Security Level: Email, Account Authentication (Optional), Access Code Signature Adoption: Pre-selected Style Using IP Address: 65.119.141.114 Sent: 2/8/2023 9:43:22 AM Viewed: 2/8/2023 9:58:59 AM Signed: 2/8/2023 9:59:47 AM Electronic Record and Signature Disclosure: Accepted: 2/8/2023 9:58:59 AM ID: c87702c0-e0f7-4d9b-bd1f-7e33beedd0ab Emily Donaldson edonaldson@jeffersoncitymo.gov City Clerk Security Level: Email, Account Authentication (Optional)Signature Adoption: Pre-selected Style Using IP Address: 65.119.141.114 Sent: 2/8/2023 9:59:53 AM Viewed: 2/8/2023 10:02:38 AM Signed: 2/8/2023 10:03:41 AM Electronic Record and Signature Disclosure: Accepted: 2/8/2023 10:02:38 AM ID: 17113b6e-5970-4252-b952-9b9e47c1f33d Megan L. Waters-Hamblin Megan.Waters-Hamblin@modot.mo.gov Senior Administrative Counsel Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Signature Adoption: Pre-selected Style Using IP Address: 168.166.80.221 Sent: 2/8/2023 10:03:45 AM Viewed: 2/9/2023 1:15:14 PM Signed: 3/8/2023 1:46:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Eric E. Schroeter Eric.Schroeter@modot.mo.gov Assistant Chief Engineer Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Signature Adoption: Pre-selected Style Using IP Address: 168.166.80.221 Sent: 3/8/2023 1:46:14 PM Viewed: 3/8/2023 3:19:03 PM Signed: 3/8/2023 3:19:15 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pamela J. Harlan - MHTC pamela.harlan@modot.mo.gov Secretary to the Commission Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Signature Adoption: Uploaded Signature Image Using IP Address: 168.166.80.221 Sent: 3/8/2023 3:19:21 PM Viewed: 3/10/2023 8:31:20 AM Signed: 3/10/2023 8:31:25 AM Electronic Record and Signature Disclosure: Accepted: 11/7/2022 10:40:36 AM ID: 2645c9e1-435a-401a-8e1a-2f204164fb91 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Tara Herx tara.herx@modot.mo.gov Senior Executive Assistant Missouri Department of Transportation Security Level: Email, Account Authentication (Optional) Sent: 3/8/2023 3:19:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Jorgensen jennifer.jorgensen@modot.mo.gov Asst Secretary to the Commission MoDOT Security Level: Email, Account Authentication (Optional) Sent: 3/8/2023 3:19:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Christy L. 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