Document Moscow_doc_b1653ba15d

PARTIES STATE/LOCAL AGREEMENT TRANSPORTATION PLAN A012(018) MOSCOW TRANSPORTATION PLAN CITY OF MOSCOW KEY NO. 12018 }>HI S AENT is made and entered into this {SU day of U ( , r:9S)fQ, by and between the IDAHO TRANSPORTATION DEPARTMEN , represented by the Local Assistance Council, hereafter called the STATE, and City of Moscow, acting by and through its City Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program Federa1-Aid Highway Project A012(018), described as Moscow Transportation Plan, which is to be developed by SPONSOR'S Consultant. The purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal-aid participation in the work. NOTE: Securing the services of a consultant for the work must follow the process outlined in the Idaho Transportation Department Guidelines for Local Public Agency Projects. Certain functions under this Agreement are to be performed by the STATE, involving the expenditure of funds, and since the STATE can only pay for work associated with the State Highway System, the SPONSOR is fully responsible for all costs incurred by the STATE related to the project for work off the State Highway System. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. GENERAL TERMS 1. Federal participation in the project is at the rate of· 92.66%; local participation is 7.34%. Scheduled funding for this project is listed on the approved Highway Development Program, and subsequent revisions. Current estimated cost for development of the project is $285,000. 2. The SPONSOR'S match for this project will be provided as follows: RD Register Noj-_{fl_f_/- 1 State/Local Agreement Moscow Transportation Plan Key No. 12018 2.o\b·YS ---PAGE BREAK--- . . a. Cash in the · amount of 7. 34 percent of the entire project {currently $21,000); 3. Sufficient Appropriation. It is understood and agreed that the STATE is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate the STATE beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The STATE reserves the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the STATE to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. SECTION II. That the STATE shall: 1. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for Consultant Services and any supplements thereto, to be utilized by the SPONSOR and Consultant on this project. 2. Upon receipt of appropriate documentation showing expenditure of funds for this project, reimburse _the SPONSOR for the Federal-aid share at the rate o c qz_.l9(.9 3. Bill the SPONSOR for any federal funds to be repaid by the SPONSOR if the project is terminated prior to completion, and the SPONSOR has been reimbursed with federal funds for project development. SECTION III. That the SPONSOR shall: 1. Pay to the STATE the sum of TEN THOUSAND DOLLARS ($10, 000), estimated to be the total expense to the STATE for this project. Upon project completion, if the estimated expense does not reflect the true cost of the work performed by the STATE, the SPONSOR shall remit to the STATE the additional sum needed to cover the actual costs incurred by the STATE. Checks shall be made payable to the "Idaho Transportation Department". 2. With the assistance of the STATE, secure the services of a consultant through written agreement to prepare the transportation plan. 2 State/Local Agreement Moscow Transportation Plan Key No. 12018 ---PAGE BREAK--- 3. Make timely payment of all consultant invoices throughout the development of the project. Upon completion of the transportation plan, submit to the STATE copies of all allowable consultant invoices and receipts showing payment of same. 4 . SPONSOR warrants that it will reimbursements on this project terminated prior to completion. repay if the any federal project is 5. Upon completion of the project, provide the following to the STATE: a. written notification of completion of the project, b. five hard copies of the Transportation Plan, and c. an electronic copy of the Plan. 6. Comply with Appendix A, Title 4 9 CFR, Part 21, attached hereto and made a part hereof. 7. Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three years from the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records must be retained until completion of the action and resolution of all issues that arise from it. 8. Comply with all other applicable State and Federal regulations. 3 State/Local Agreement Moscow Transportation Plan Key No. 12018 ---PAGE BREAK--- EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development}, and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of City of Moscow. Approved as to form: Deputy Attorney General By re9ular/special meeting on ,Ps:MS U...4t I !o1 wro. : filename IDAHO TRANSPORTATION DEPARTMENT APPROVED BY:
(D 1 ) Ass¯stant C ¯e Eng°neer eve opment 4 State/Local Agreement Moscow Transportation Plan Key No. 12018 ---PAGE BREAK--- Appendix A Non-Discrimination Agreement for Local Public Agencies Title VI Program Organization and Staffing Pursuant to 23 CFR 200 Ci. ty of Moscow has designated a Title VI Coordinator who is responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is the designated liaison for Title VI program activities and for ¦oordinating compliance monitoring with the Idaho Transportation Department Equal Employment Opportunity Office. Assurances 49 CFR Part 21.7 The Sponsor hereby gives assurances: 1 . That no person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not. Activities and programs which the Sponsor hereby agrees to carry out in compliance with Title VI and related statutes incJude, but are not limited to: • List all major Transportation programs and activities of the Sponsor and Title VI responsibilities for each one of them (label Attachment 2. That it will take any measures necessary to effectuate this agreement. 3. That each Transportation program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as dermed at 49 CFR 21.23(b) and and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Sponsor by the Idaho Transportation Department {lTD) under the Federally-Funded Program and is binding on it, other recipients, subgrantees, contractors, sub-contractors, transferees, successors in interest and other participants. The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Sponsor. 5. That the Sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for negotiated agreements: The (Sponsor), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S. C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department ofTransportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department o[Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. 6. That the Sponsor shall insert the clauses of Attachment I of this Agreement in every contract subject to the Act and the Regulations. ---PAGE BREAK--- 7. That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. hnplementation Procedures This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the pem1ission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be served by such sale or lease to the Sponsor, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The Sponsor shall: I. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses it's commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Sponsor's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by lTD or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. The Title VI Coordinator shall adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the Sponsor's report of investigation, will be forwarded to lTD's EEO Office- External Programs within 10 days of the date the complaint was received by the Sponsor. 6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the Sponsor. ---PAGE BREAK--- 7. Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by lTD's EEO Office. 9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year. This report is due one year from the date of approval of the Non-Discrimination Agreement and then annually on the same date. a) Annual Work Plan Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. b) Accomplishment Report List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Coordinator and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews (internal or external) conducted by the Title VI Coordinator. List any major problem(s) identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with the Sponsor. DiscLimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must fiJe the complaint no later than 1 80 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, infonn the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as lTD and USDOT. ---PAGE BREAK--- The Sponsor will advise lTD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITO: a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alJeged discriminating official(s). c) Basis of complaint race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the Sponsor. f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and teir results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notifY the complainant in writing of the fmal decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITO, or USDOT, if they are dissatisfied with the fmal decision rendered by the Sponsor. The Title VI Coordinator will also provide ITO with a copy of this decision and summary offmdings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office - External Programs Karen Sparkman, EEO Manager PO Box 7149 Boise, ID 83707-1129 [PHONE REDACTED] Federal Highway Administration Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 [PHONE REDACTED] ---PAGE BREAK--- Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the lTD may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor.; 4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: Original retained by EEO, Copies to Sponsor & LHTAC ---PAGE BREAK--- Attachment 1 This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated Regulations. During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department ofTransportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectl y in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Append,ix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certifY to lTD or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part Incorporation of Provisions The contractor shall include the provisions of paragraphs through in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub­ contractor or supplier as a result of such direction, the contractor may request lTD enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. ---PAGE BREAK--- . . Attachment 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by Jaw, and upon the condition that the state ofldabo will accept tit1e to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department ofTransportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code ofFederal Regulations, Department ofTransportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department ofTransportation lTD (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252: 42 USC 2000d to 2000d- 4) does hereby remise, release, quitclaim, and convey unto the state ofldaho all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as foUows, which will remain in effect for the period during which the real property or structures are used for a pUipose for which the federal fmancial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Idaho, its successors, and assigns. The state ofldaho, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed that the state of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code ofFederal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department ofTransportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended(,) and that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.1 1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. ---PAGE BREAK--- . ' . ' RESOLUTION NO. 2010- 15 . . A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AGREEING TO SUPPORT FEDERAL AND HIGHWAY PROJECT A-012(018); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Idaho Transportation Depar1ment (hereinafter referred to as STATE has submitted an Agreement stating obligations of STATE and City of Moscow. Idaho (hereinafter referred to as CITY''). for the creation of a Multimodal Transportation Plan in the City of Moscow; and WHEREAS, STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is Federal participation in the costs; and WHEREAS, certain functions to be perfon11ed by STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS. STATE can only pay for work associated with the State Highway system; and WHEREAS. CITY is fully responsible for its share of project costs: NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: I. That the Agreement tor Federal Aid Project A-0 12(0 18) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of this Resolution shall be fumished to the Idaho Transportation Department. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 16111 day of August, 2010. ATTEST: RbOI.li 1101\ 2010- 15 CITY OF MOSCO\\' M L!L TIMODAL TRANSPORT ATJON PLA2 IDAIIO TRANSI'OIUA liON DEI' AR JM FN I PMil· I Of' I