Loading...
HomeMy WebLinkAboutRES.675.10-21-1991 BILL NO. 91-225 RESOLUTION NO. `��� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PLANNING SERVICES CONTRACT WITH SOUTI-£EAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 2 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Planning Services Contract with the Southeast Missouri Regional Planning and Economic Development Commission. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS oC-I� DAY OF JU , 19 /I . y // � - , ...,i � y :<�. ATTEST: David S. Limbaugh, Mayor Pro Tan . /� j (� )l.J�..� Julie . Dale, Deputy City Clerk .�, ' C��.i PLANNING SERVICES CONTRACT BY AND BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND THE SOUTHEAST MISSOliRI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION PERRYVILLE, MISSOURI '�'HIS AGREEMENT, entered into this l�th day of October, 1991, by and between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City," and the Southeast Missouri Regional Planning and Economic Development Commission, with principal offices located in Perryville, Missouri, hereinafter referred to as the "Commis- sion," witnesseth that: WHEREAS, officials of the City of Cape Girardeau have expressed a desire to have professional assistance in developing a city transponation services plan; and, WHEREAS, the Southeast Missouri Regional Planning and Economic Develop- ment Commission has technical staff capabilities to provide such planning acsistance and has in its employ Planners-In-Charge who have been certi�ed by the State of Missouri as being qualified to panicipate in and direct comprehensive planning projects eonsistent with the requirements of Title VII, Section 701, of the Housing Act of 1954, as amended; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties, hereto, and legally intending to be bound thereby, do covenant and ab ee for themselves and their respective successors and assigns as follows: ARTICLE I EMPLOYMENT AND DUTIES OF COMMISSION (a) The City hereby agrees to engage the Commission and the Commission hereby agrees to do, perform, and carry out, in a professional manner, such duties as are set forth in the "Scope of Services, as defined in the attached Appendix A (which is appended hereto and made a part of this contract) in connection with development of a rransporta- tion services plan for the corporate area of the City of Cape Girardeau. Page 1 of 9 pages (b) The Commission shall perform all of the necessary services provided under this contract in connecuon with and respecting the following area herein called the "planning area": all of that area lying within the corporate boundary of the City of Cape Girardeau. (c) The Commission ��ill furnish a professionally qualified person who shall be called the Planner-In-Charge. All of the services required hereunder shall be performed by the Planner-In-Charge, or under his immediate direction. The Planner-In-Charge shall furnish personal services and time in the amount necessary to accomplish effectively the planning work proposed in this contract. The Commission shall secure at its own expense all personnel required to perform the services under this contract. Personnel perfomling or supervising the performance of engineering, architectural, legal or other similar professional services, who by Statute are to meet State qualifications, shall be registered or licensed when so required. The Planner-In-Charge of the work program covered by this contract shall be Brian J. Balsman. In the event the Planner-In-Charge of this project shall die or otherwise become unavailable for any cause, the Commission shall furnish another Planner-In-Charge. (d) The work done by the Commission's staff and the Planner-In-Charge shall be under the supervision of the Commission or such a qualified person as shall be designated by the Commission and with concurrence of the Ciry. (e) None of the work or services covered by this contract shall be subcontracted without prior written approval of the City. (� The scope of work to be done under this con�-act shall be subject to modificarion and supplementation upon the written agreement of the duly authorized representatives of the contracring parties. However, should the contracting parties be unable to agree unanimously, then the recommendations of the City shall prevail, such recommendations to be given in writing. No modi�cation of the terms of this contract shall be made that would change the total contract price, unless such changes, including any increase or decrease in the amount of the Commission's compensation, are mutually agreed by and between the Commission and the City and shall be incorporated in written amendments to this contract. (g) The activities of the Commission's staff and associates shall be fully coordinated with the activities of the City. As the work of the Commission's staff progresses, the Commission's advice on matters of immediate concern to the City and related to the specific program covered by this contract shall be made available to the City during the period of the contract, but such advice shall not be required to be given if the rime consumed in the giving thereof would impede progress of the specific work program covered by this contract. Page 2 of 9 pages (h) The work accomplished by the Commission under this contract shall be reviewed by the City periodically. The approval, disapproval, or suggestions of the City shall be reported to the Commission as the City may deem necessary. (i) The Commission shall provide copies of all interim and final reports and maps to the City, as set forth in Appendix A of this contract. Progress reports, as required by the City, shall be made from time to time. (j) The Commission shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due or to become due the Commission from the City under this contract may be assigned to a bank, tr-ust company or other financial institution without such approval. Norice of any such assignment or transfer shall be furnished promptly to the City. (k) Any reports, maps, inforn�ation, data, et cetera, prepared or assembled by the Commission under this contract which the City requests to be kept confidential shall not be made available to any individual or organization by the Commission without the prior written approval of the City. (1) The Commission shall save harmless the City from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the Commission or any employee, or on account of any claims or amount recovered by an infringement of patent, trademark, or copyright, or "Workmen's Compensation Laws" or any other laws. The Commission shall not be released from such responsibility until all claims have been settled and suitable evidence to the effect furnished the City. (m) The Commission will repay any payments which, at any time the project is audited or at the time of final audit, are determined to be ineligible under this contract by the City's auditing fum. (n) The representative of the Commission, authorized by the Commission to execute and administer the terms and conditions of this contract, shall be Thomas G. Tucker, Executive Director, or if the posirion of Execurive Director be vacated, the person authorized by the Commission as acting Executive Director. Page 3 of 9 pages ARTICLE II CITY (a) The City agrees to mal:e available to the Commission all maps, records and data on file that will assist the Commission in the discharge of the services herein contracted. (b) The City, through its officials and employees, shall cooperate with the Conunission's staff in the discharge of their responsibilities under this contract and will be available for consultation with the Commission's staff at such reasonable periods as not to conflict with their own responsibilities. (c) The representative of the City, authorized by the City to administer the terms and conditions of this contract, including authorization of payments in accord with provisions of Article XI, Section (a), as follows, shall be the person employed by the City as City Manager. ARTICLE III EQUAL EMPLOYMEtiT OPPORTU�'ITY In carrying out the project work, the Commission will not discriminate against any employee or applicant for employment because of age, race, sex, religion, color, national origin, or physical hand.icap. The Commission will take affirmative action to enswe that applicants are employed, and that employees are treated during employment, without regard to their age, race, sex, religion, color, national origin, or ghysical handicap. Such action shall include, but not be limited to, the following: employment, upb ading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The Commission agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscn:mination clause. The Commission will, in all solicitations or advenisement, state that all qualified applicants will receive consideration for employment without regards to age, race, sex, religion, color, national origin, or physical handicap. The Commission shall include similar provisions in all subcontracts for services covered by this contract. Page 4 of 9 pages ARTICLE IV INTEREST OF MEMBERS AND EMPLOYEES OF THE COMMISSION AND THE CITY AND ITS OFFICIALS AND EMPLOYEES No officer or employee of the Regional Planning Commission or member of its governing body who exercises any functions or responsibilities in connection with the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. If any such member, officer, or employee presently has, or in the future voluntarily acquires, any such personal interest, he shall immediately disclose such interest to the Contractor. Upon such disclosure, such member, officer or employee shall not participate in any action by the Commission affecting the carrying out of the project. No official or employee of the Commission and no official or employee of the City or its governing body and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undenal:ing or cairying out of the project shall, prior to the compledon of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. ARTICLE V OFFICIALS NOT TO BENEFIT No member of, or delegate to, the Congress of the United States of America, nor the Legislature of the State of Missouri, shall be permitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE VI IDENTIFICATION OF DOCUMENTS All maps, reports, and other documents completed as a part of this contract, other than documents specifically for internal use with the Commission, shall carry the following notarion on the title page (or, in the case of maps, in the title block): Pa�e 5 of 9 pages This project contracted through the Southeast Missouri Regional Planning and Economic Development Commis- sion. The preparation of this report (or map) was financed with funds provided by the Urban Mass Transportation Administration and the City of Cape Girardeau, Missouri. along with the date (month and year) the document was prepared. Excluded from the provision are any legal documents for action by the City. ARTICLE VII COPYRIGHT AND DISPOSITION OF ORIGINAL DOCUMENTS AND MAPS (a) No repons, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Commission. (b) All original typed reports, documents, or maps, prepared by the Commission under the terms of this contract, shall be deemed to be the property of the City. Any such original materials, however, shall be filed, stored, or otherwise retained by the Commission until such time as the City may require, for just cause, that they be delivered to the City. The Commission shall retain the right to reproduce any such original materials and retain any such reproducrions for its records. ARTICLE VIII TERMINATION OF CONTRACT (a) In the event that funding for this planning services contract is not made available by the Missouri Highway and Transportation Department's Section 8 grant applied for, this contract shall immediately be declared null and void. (b) The Commission shall have completed all work covered by this contract and this contract shall terminate as specified in the contract unless extended by mutual consent of the City and the Commission. In the event that work is not completed by that date and mutual consent of the two parties for extension of the contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Commission, Page 6 of 9 pages paragraph (d) of this section shall apply, (2} if refusal to extend is by the City, paragraph (e) of this section shall apply. (c) This contract may be terminated prior to the expiration of the contract period specified by unanimous written agreement by the two parties to this contract; or, (d) If, through any cause, the Commission shall fail to fulfill in a rimely and proper manner its obligations under this convact, or if the Commission shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Commission of such termination. In such event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, et cetera, prepared by the Commission under this contract shall become the City's property and the Commission shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. IvTotwithstanding the above, the Commission shall not be relieved of liability to the City for dama�es sustained by the City by virtue of any breach of the contract by the Commission and the City may withhold any payments to the Commission for the purpose of set-off until such time as the exact amount of damages due the City from the Commission is determined. (e) The City may terminate this contract at any time by giving a written five (5) day notice to the Commission. If the contract is temiinated by the City as provided herein, the Commission will be paid an amount which bears the same ratio to the total compensation as the services actually perfonned bear to the total services of the Commission covered by this contract, less payment of compensation previously made. ARTICLE IX OFFICE SPACE The City hereby agrees to make available to the Commission on a periodic and as needed basis, without charge to the Commission, the space needed for compiling data from City records, and the City hereby agrees not to include any charge for such space. The space provided will be in the City's offices and shall be furnished only with available furniture and shall not include special equipmen� Page 7 of 9 pa`es ARTICLE � TIME OF PERFORMA?�CE (a) The services of the Commission are to commence when notified in writing by the City and shall be undenaken in such sequence as to assure their expeditious completion in relation to the purposes of this contract, but in any event, all of the services required hereunder shall be completed and submitted to the City on or before October 14, 1992. (b) If the work specified under the terms of this convact is not completed within twelve (12) consecutive calendar months following the date of execution of this contract, through no fault of the Commission, the City's authorized representative shall have the authority to extend this contract by a period not to exceed six (6) months. Any such extension shall be issued to the Commission in writing and properly entered in the City's records regarding this contract. (c) If the amount of work required under the terms of this contract resuits in the expenditure of the total amount of funds available prior to the termination date of the contract, then the Reaional Planning Commission shall bear all expenses above the maximum amour.t of the contract. ARTICLE XI COMPENSATION TO THE COMMISSION (a) It is agreed between the parties that the City shall pay to the Commission ail expenses incurred in the execution of the work specified under this contract, which sum shall not eaceed Twenty-Five Thousand Dollars ($25,000.00). This contract shall be a cost-reimbursable convact. All requests for reimbursement under the terms of this contract shall be submitted to the City in writinQ, with appropriate documentation of work completed and expenses incurred. � (b) Billings rendered to the City by the Commission shall be paid within thirty (30) days of issuance by the Commission. Should the City fail to pay invoices submitted within a forty-five (45) day period, then the Commission shall have the right to assess an interest charge in accordance with the adopted policy for late payment. The interest charge shall be in the amount of one percent (1%) per month. Interest shall accrue on bills owed more than ninety (90) days at a rate of 1.5% per month. Interest charges shall not be considered as a part of the total contract cost and will be assessed separately. Pa�e 8 of 9 pages (c) Costs incurred prior to the execution of this contract may be considered as eligible project costs, provided they are incurred in conformity w�ith the provisions of this contract. (d) In addition to charges for staff time required for carrying out the intent and purposes of the contract, other charges such as those for adminiStrarion, bookkeeping and clerical services; auditing; supplies; telephone charges; general overhead costs, indirect operating costs, and the like shall be considered to be eligible costs chargeable to the contract. Eligible costs shall include payment for all travel and subsistence expenses incurred in the performance of said sen�ices. Schedule of Compensation The Southeast Missouri Regional Planning Commission shall be paid for the carrying out of the purposes of said contract on a monthly basis, provided that the Southeast Missouri Regional Planning Commission submits an invoice for services rendered. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF CAPE GIRARDEAU SOUTHEAST MISSOURI REGIONAL MISSOURI PLANNING AI�� ECONOMIC DEVELOPMENT COMMISSION '���-��� ' ✓�i^ �. �%-,✓ 1-�-� - BY � By i i.�, ��� � J. RONALD FISCHER, THOMAS G. TUCKER, City Manager Executive Director . � i, /, ," Attest Attest % � -� -���� '�-� /��' � `- � , KATHI.EEN M. KRONE, c'��e�k Execurive Secretary �TuL1E q. DA �� Depu.ty Ci�y Clerk Page 9 of 9 pages APPENDIX A Scope of Services This appendix is appended to and made a part of the contract by and between the Southeast Missouri Regional Planning and Economic Development Commission, and the City of Cape Girardeau for the preparation of a transit plan and an analysis of the present transit program of the City of Cape Girardeau; said contract being dated October 15, 1991. The Southeast Missouri Regional Planning and Economic Development Commis- sion staff shail do, perform, and carry out in a satisfactory and proper manner the following services: 1. INVENTORY OF EXISTING SERVICES In addition to the taxi coupon program currently in use by the City, an inventory of additional transportarion providers in the city will be made. 'The basis for this inventory will be the recently completed, (January 1991), Regional Specialized Transportation Plan the Commission staff has prepared in conjunction with the State of 'vlissouri. In addition, a canvas of knov��n providers will be made to deternvne if any addirional providers can be identified since the initial inventory was com�leted. The inventory will identify their target population, their service capacity, their funding sources, and their ability and tendency for coordination of services. Updating of the data from the January, 1991 Rebional Specialized Transportation Plan will be carried out as necessary and applicable to the City of Cape Girardeau. 2. NEEDS ASSESSMENT A needs assessment of the target population (identified by the City in the contract) will be prepared. Utilizing 1990 Census of Population data, population estimates of each target population subgroup will be presented in both narrative analysis and graphic formats. Trip demand forecasts will be made by inserting the Census information into fomlulas devised for that purpose by the national transportation consulting firm of Carter Goble Associates. These formulas were prepared for the Specialized Transportation Plan for Missouri which was prepared in 1990-91. A subjective assessment of need/unmet need will be obtained from service providers and service consumers in the City through the use of blind questionnaires and on- site interviews. The needs assessment will include an unmet needs analysis, a summary of the quantitative and subjective demand estimates and a summary of the identifiable existing ridership will reveal the gap or difference between projected demands for service and currently available services. 3. TAXI COUPON PROGRAM ANALYSIS Page 1 of 2 pages The City's coupon prooram will be thoroughly reviewed and critiqued. This analysis will identify strengths and deficiencies of the curTent program and suggestions for improvements or alternatives will be quantified. The cooperation of the transit provider will be necessary for the successful completion of this task_ The Commission's staff will work with the City's staff in devising a short questionnaire for completion by the patrons of the present coupon system . The questionnaire will attempt to identify any deficiencies in the program, be able to assess the transit users opinion of possible improvements to the program, and also be utilized to identify the strengths of the present program. The questionnaire will be passed out to the patrons of the system at the time of the sale of coupons in order to achieve the maximum response from the patrons. The Commission's staff will tally the results and urilize the information in the transit plan and analysis. 4. FLJNDING Additional funding sources will be identified for the coupon and any alternative plans proposed. If capital expenditures are proposed for consideration, a schedule of depreciation and replacement will be presented. 5. MAPPII�TG AND GRAPHICS Maps and graphic representations will be prepared for inclusion in the final report on an as needed basis. If any proposal is made that would require maps for the purpose of explanation or clarification, such maps shall L�e included in the final report. 6. PREPARATION OF FINAL REPORT A final report summarizing all of the pertinent data collected during the study> and containing recommendations and proposed municipal acrions, will be prepared by the staff of the Southeast Missouri Regional Plannina and Economic Development Commission and submitted to the designated staff of the City of Cape Girardeau. The final report will include planning recommendations concerning implementa- tion of any alternative transit opportunities proposed. 7. REPORT PRINTING AI�� DISTRIBUTION The planner will provide the City with a total of twenty-five (25) copies of the final printed report. In addition, full-scale maps of selected information included in the final report shall be supplied upon request of the City at an additional cost, consistent with the Regional Planning Commission's charges for such items to members of the Regional Planning Commission. Page 2 of 2 pages REC'D OCT 2 9 19 ,C��AST M'Sso SOUTHEAST MISSOURI REGIONAL PLANNING ,o° °.P� & ECONOMIC DEVELOPMENT COMMISSION 44 P.O. Box 366 PERRYVILLE, MO 63775 • 1 1 WEST ST.JOSEPH ST. TELEPHONE: 314 547-8357 FAX 547-7283 H.Weldon Macke Richard Caster David Angerer Karl J.Klaus Thomas G.Tucker Chairman Vice-Chairman Secretary Treasurer Executive Director REGION October 28, 1991 Mr. Wayne Muri Chief Engineer Missouri Highway and Transportation Department P. O. Box 270 Jefferson City, Missouri 65102-0270 Dear Mr. Muri: I am pleased to transmit, herewith, an application for a grant for$20,000 under Section 8 of the Urban Mass Transportation Act of 1984, as amended. The enclosed application is being filed on behalf of the City of Cape Girardeau for an update to its transit plan for the community. The City wishes to have a complete analysis of the existing system prepared in order to ensure that the funding that is presently being used is providing the maximum amount of service possible to the citizens of the community. Additionally, the City wishes to have our staff prepare an analysis of alternative transportation types and possibilities for use with the funding in order to better serve the City of Cape Girardeau. The City has executed a contract with our Commission pending your consideration of the grant. Our staff would be conducting the necessary work and working very closely with the community and the officials of the City of Cape Girardeau. We feel that we are eminently qualified to carry out this work, having done a number of transit studies in the past for various entities throughout our Region. Your attention to the enclosed will be deeply appreciated. Should you have any questions, feel free to either contact officials of the City of Cape Girardeau or me. Respectfully submitted, ;'--i,_„.."., ,,,e%.-2___b-- Thomas G. Tucker Executive Director TGT/kk Enclosures cc: Mr. Ronald Fischer . Alvin M. Stoverink Project No. M008-8O17 MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION PUBLIC TRANSPORTATION PLANNING GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highway and Transportation Commission (hereinafter commission) and City of Cape Girardeau (hereinafter, grantee) . WITNESSETH: WHEREAS. grantee has applied to commission for a grant of funds made available to commission under Section 8 of the Urban Mass Transportation Act of 1964 , as amended, 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 grantee's application for Section 8 assistance (attached as Appendix A) . NOW THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: 1. Purpose and Source of Funds: The purpose of this agreement is to assist the grantee in financing the project ' s expenses that are eligible for federal financial assistance. The commission will make a grant from available federal funds in the amount of 80% of the project's cost in a manner consistent with the rules and regulations of the U.S. Department of Transportation as contained in 49 USC 1607 and any of the regulations issued pursuant to the Urban Mass Transportation Act of 1964, as amended. 2 . Scope of Work and Budget: The grantee will undertake and complete the project specified in the approved project application and budget (appendixes A and B) . 3 . Reports: Sec. 1 - All draft reports will be submitted to the commission for review prior to printing in final form. The commission will be provided with one copy of each draft and one copy of the final report. Sec. 2 - All reports, drawings, estimates, surveys, memoranda and other papers submitted by the grantee shall be dated and bear the grantee's name. 4 . Publication Provisions: Sec. 1 - Papers, interim or final reports, forms or other materials which are a part of the work under contract will not be copyrighted without written approval of the commission and the Urban Mass Transportation Administration (hereinafter, UMTA) . Sec. 2 - Either party to the contract or UMTA may initiate a request for publication of reports or any request thereof. Sec. 3 - When the scheduled time for presentation of a paper does not permit formal review and approval of a complete report, abstracts may be used for notification of intent to present a paper based on the study. Such presentation must project the interests of the other party by the inclusion of a statement in the paper and in the presentation to the effect that the paper has not been reviewed by the other party or UMTA. Sec. 4 - Publication by either party shall give credit to the other party and UMTA unless upon failure of agreement or any report of the study, UMTA or either of the contracting parties requests that its credit acknowledgement be omitted and then the following statement shall be added: Sec. 5 - After acceptance of reports, all parties are free to use the data and results for whatever purpose. Note: All reports shall bear a statement crediting the cooperative participation of all agencies, including the U.S. Department of Transportation, Urban Mass Transportation Administration. Sec. 6 - The publication provisions contained in this Article are subject to provisions of Chapter 610, Revised Missouri Statues Cumulative Sup. 1973 , and applicable laws of the United States Government concerning freedom of information. 5. 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 Appendixes A and B under this agreement, that the commission deems necessary. 6. Proiect Time Period: The project period shall be from January 10, 1992 to December 31, 1992 7. Contract Price and Payment: Sec. 1 - For the work described in this agreement, the grantee will receive payment based on actual costs, as defined in Section 2, up to a maximum amount of $ 20,000 , this amount being the 80 percent Federal reimbursement of the total actual costs. Sec. 2 - The grantee agrees to make written quarterly progress reports on the work performed. The grantee will submit a proper invoice for work performed when the final report is submitted to the commission for review and acceptance. The accounting for and billing of project charges will be accomplished as follows: a. Director Labor - Based on actual time expended at the current approved gross salary of the assigned staff member. The grantee will establish cost principles for use in determining the allowability of individual items of costs in accordance with Federal Procurement Regulations, Parts 1-15, "Cost Principles Applicable to Grants and Contracts with State and Local Governments" . The commission will withhold 5 percent of the total invoiced amount until an audit has been completed. Sec. 3 - Compensation shall be paid by the commission to the grantee for work performed hereunder subject to the limitations of this Article, Sections 1 and 2 , as supported by Appendixes A and B. Sec. 4 - The following are considered as direct costs and chargeable as such: a. Salaries and fringe benefits b. Other non-salary expenses directly related to this study, such as classified advertising, contractual services, data processing, equipment maintenance and rental, meetings and conferences, postage, publications, reproduction, office supplies, travel, long distance telephone calls. Sec. 5 - The final payment, not including the amount withheld, will be made only after acceptance by the commission of a project completion report, summarizing the results of the job elements under this agreement, considered to be satisfactory to the commission and the completion of an audit by the commission. Sec. 6 - 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. 8. Audits and Retention of Records : An audit will be completed after the acceptance of the project completion report and receipt of final invoice. The commission and the United States Department of Transportation or any of their representatives, shall have full access to and the right to examine, during normal business hours and a often as the commission or the U.S. Department of Transportation deems necessary, all of the grantee's records with respect to all matters covered by this contract. Such representatives shall be permitted to audit under the guidelines of OMB Circular A-128 "Audits of State and Local Governments, " or OMB Circular A-133 "Audits of Industries of Higher Education and other Nonprofit Institutions. " examine and make excerpts or transcripts from such records and other matters covered by this contract. Such rights shall last for three years beyond the longer of the following periods: (a) the period during which any property acquired with funds provided pursuant to this contract is used for purposes for which the federal financial assistance is extended, or for another purpose involving the provisions of similar services or benefits; or (b) the period during which the grantee retains ownership or possession of such property; or (c) the end of the project time period specified in paragraph 4 . All documents, papers, accounting records and other material pertaining to costs incurred in connection with the project shall be retained by the grantee for three years from the date of final payment to facilitate any audits or inspections. 9. Changes: The commission may at any time, by written order, make changes in the work and services to be performed under this agreement and within the general scope thereof. If such changes cause an increase or decrease in the cost of performing the work and services under this agreement, or in the time required for its performance, an equitable adjustment mutually agreed upon shall be made and the agreement shall be modified accordingly. No work covered by a change in agreement will be performed until the modified agreement has been executed and the grantee has received from the commission a notice to proceed with the change. Any claim for adjustment under this article must be made in writing to the commission within thirty (30) calendar days from the date the change is ordered. Nothing provided in this article shall excuse the grantee from proceeding with the prosecution of the work so changed, provided the parties have mutually agreed to an adjustment in the costs, if such change results in a change in the cost. 10. Indemnification Agreement: The grantee hereby expressly agrees and covenants that they will hold and save harmless and indemnify the commission, their officers, agents, servants, and employees from liability of any nature or kind, in connection with the work to be performed hereunder, arising out of any act or omission of the grantee, or of any employee or agent of the grantee or any of the, or associated with them including any persons, firm or corporation engaged by the grantee to perform any work required by or in connection with the work required by this agreement. 11. Termination of Agreement: In the event the grantee shall for any cause fail or refuse to carry out or to perform any of the terms or provisions of this agreement on the part of the grantee required to be carried out or performed, or if the grantee shall fail to complete any of the work described in this agreement, or if in the judgement of the commission the conduct or progress of the work or of any part thereof is such that it would be prejudicial to the interest of the commission to have the work or any part thereof continue, or if the commission at any time determines that it is in the interest of the commission to terminate performance by the grantee of any of the work required by this agreement, provided commission has given the grantee written notice of the defect and that the grantee has failed to correct said defect within fifteen days after receipt of said notice, and in any such event the commission shall pay the grantee only so much of the compensation herein above set forth as, in the judgement of the commission, shall have earned by said grantee, and the grantee, for itself, its successors, assignees and legal representatives, does hereby agree to accept the amount of compensation as so determined by the commission as full satisfaction and acquittance of all rights or claims for compensation hereunder and the same shall constitute payment in full within the meaning of this agreement. In the event of any terminations as aforesaid, the grantee shall deliver to the commission, as property of the commission, all designs, reports, drawings, studies, estimates, surveys, computations, memoranda, and other papers, documents and other materials either furnished by the commission or prepared by, for or on behalf of the grantee in accordance with any provision of this agreement; in addition, ownership of all designs, reports, drawings, studies, estimates, models, computations, etc. , prepared within the context of this agreement, shall vest with the commission, at the commission's option, and the commission reserves the right either 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 or persons, and under such terms and agreements as said commission, in its discretion, may deem to be the advantage of the commission. 12. Disputes: The Chief Engineer of the Missouri Highway and Transportation Department will in all cases decide any and all questions which may arise concerning a question of fact in connection with the work not disposed of by agreement among or between the parties of the contract. 13 . Nondiscrimination Assurance: With regard to work under this agreement, grantee agrees as follows: (a) Civil Rights Statutes: The grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000 d, e) . (b) Executive Order: The grantee shall comply with the provisions of the executive order executed by the Honorable Christopher S. Bond, Governor of Missouri, on the sixteenth day of December, 1982, promulgating a code of fair practices in regard to nondiscrimination, which is incorporated herein by reference and made a part of this contract. This order prohibits discriminatory employment practices by grantee or their subcontractors based on race, color, religion, creed, national origin, ancestry, sex, or veteran or handicapped status. (c) Administrative Rules: The grantee shall comply with the administrative rules of the U.S. Department of Transportation relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made a part of this contract. (d) Nondiscrimination: The grantee shall not discriminate on grounds of the race, color, religion, creed, sex, national origin, or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5 including employment practices. (e) Solicitations for Subcontracts , including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of grantee. In all solicitations either by competitive bidding or negotiation made by the grantee for work to be performed under a subcontract including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the grantee of the requirements of this agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, national origin or ancestry of any individual. (f) Information and Reports: The grantee shall provide all information and reports required by the contract, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the commission or the U.S. Department of Transportation to be pertinent to ascertain compliance with other such contracts, orders, and instructions. Where any information required of the grantee is in the exclusive possession of another who fails or refuses to furnish this information, the grantee shall so certify to the commission or the U. S. Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (g) Sanctions for Noncompliance: In the event the grantee fails to comply with the nondiscrimination provisions of this contract, the commission shall impose such contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: (1) withholding of payments to the grantee under the contract until the grantee complies; and/or (2) cancellation, termination or suspension of the contract, in whole or in part. (h) Incorporation of Provisions: The grantee shall include the provisions of paragraph 12 (a) 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 commission or the U.S. Department of Transportation pursuant thereto. The grantee will take such action with respect to any subcontract or procurement as the commission or the U.S. Department of Transportation may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the event the grantee becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the grantee may request the commission to intervene in such litigation to protect the interests of the commission, and, in addition, the grantee may request the United States to enter into such litigation to protect the interests of the United States. 14. Section 504 Assurances: The grantee shall comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 USC 790 et seq) and the administrative rules of the U.S. Department of Transportation (49 CFR Subtitle A, Part 27) . 15. Nonassignability: Sec. 1 - The services to be performed under this agreement are personal and shall not be assigned, sublet or transferred without the written approval of the commission except as specified in Appendix A. 16. Inspection of Work: The commission and UMTA shall be accorded proper facilities for review and inspection of the work hereunder and shall at all reasonable times have access to the premises, to all books, records, correspondence, instructions, receipt vouchers, memoranda of every description pertaining to the work hereunder. Arrangements for all reviews and inspections by UMTA will be made by the commission. 17. Equipment and Instrumentation: It is agreed that major items of special equipment which are not identified specifically in the proposal require specific approval by the commission prior to purchase. A major special equipment item is one not used up during the course of the study and costing $200 or more. The major items of equipment and instrumentation as listed in the proposal are approved by the commission and the cost, therefore, is included in the contract price. The grantee certifies that no item listed has been included in the indirect costs that are approved for this study. Title to all equipment and instrumentation purchased pursuant to this agreement shall rest with the commission. If, at the conclusion of this study, the grantee desires to acquire the equipment and instrumentation, the commission shall be allowed a credit equal to the current value, to be determined by mutual agreement between the grantee and the commission. 18. Travel: The commission approves travel expenses for work performed under this agreement and in connection with this study within the state of Missouri. Any additional travel must have prior approval of the commission to be eligible for reimbursement. 19. Compliance With Laws: The grantee agrees to comply with all Federal, State and Local laws and ordinances applicable to the prosecution of the work covered by this agreement. 20. Disadvantaged Business Enterprise: Grantee agrees to prepare and submit for commission approval a Disadvantaged Business Enterprise plan as defined in 49 CFR Part 23 dated July 21, 1983 if grantee receives total of $250, 000 or more of financial assistance from the U.S. Department of Transportation, Urban Mass Transportation Administration. 21. Commission' s Representative: The commission' s chief engineer is designated as the commission' s representative for the purpose of administering the provisions of this agreement. The chief engineer is also authorized by the commission to execute on their behalf any amendments to the agreement. IN WITNESSETH WHEREOF, the parties have entered into this agreement on the date last written below. Executed by grantee this I ,Q day of J , 19 4/2,- Executed by commission this /3d,day of ..e.)ALe,,Levr_lf19 9.A . MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION GRANTEE C s . - I_ se, 1 BybataaL By /e t Title Assistant Chief Engineer T le CILc1 Mann1 er Attest: Attest: byL i ) �GZtt,rC-GL d� , 1)1 �� 90.11-1� ASST Secretary Title 1-.),:pd-ti O.i L1 ('J Pr1' Approv d as to Form: Approved as to Form: Counsel Title Planning Assistance Application Applicant's Name: City of Cape Girardeau, Missouri Address: P. O. Box 617 Cape Girardeau, MO 63702-0617 Cape Girardeau County Contact Person: Phone: Description of Project: This project will enable the City of Cape Girardeau initiate a planning process to determine the need for general public transportation within the City of Cape Girardeau. The plan will be prepared under contract through the Southeast Missouri Regional Planning and Economic Development Commission in Perryville, Missouri. Source Amount Percent Federal State $20,000 80% Local $5,000 20% Other Signature of Authorized Official: a,',rood/1 BUDGET SUMMARY SHEET City of Cape Girardeau, Missouri City Transit Plan Staff Salaries $12,806 Clerical 2,561 Staff Fringe 2,791 • Travel 1,534 < <�'��`�'<<�>`>< > `>>>�>::>::>: >::>::::>::<.;;:.<.:>::>::»::»�>:.;; .;: Postage 230 Miscellaneous 5,078 • % of Time Personnel Service on Activity Annual Salary 4 0 2% 3,00 r i i e Planner Admin strat Planner-in-Charge 4.4 25,949 :::::{•?::cif:::'::i:::iiijji::isi::i::::::::i::::::::lii:i:i::: Planner 32.70 18,500 Graphic Administrator 1.5 25,500 . Printer 15 16,960 .{: 1 00 m 6 60 Draftsman .85 Fiscal Officer 2 18,911 Clerical 4.88 76369 1195,076693 9 1 Clerical 2 50 Indirect Costs Actual 2,897 Amount Rate Fringes Rate Applied To Total Amount Social Security .0765 $15,367 $1,175.58 Workmen's Compensation .48 73.76 Unemployment Tax .0167 256.63 Etc. 1,285.03 Total Fringes $2,791 PROJECT JUSTIFICATION AND PROPOSED SCOPE OF WORK Project Justification Currently the City of Cape Girardeau utilizes a subsidized taxi coupon program to assist city residents with inner-city transit. Funding for this program is from the general fund of the City of Cape Girardeau and the Missouri Highway and Transportation Department, pursuant to the Surface Transportation Act of 1978. The last assessment study of the needs of the community's residents was made in 1977. It has been noted that the use of the taxi coupon program continues to grow and the City feels a need to make decisions about the provision for transportation services in the near future. A study conducted to assess the need of the community's residents, the availability of other forms of transportation, the unmet need that exists, and an analysis of alternative means of serving that unmet need will be necessary in order to make educated decisions at the city management level. Planning assistance will be contracted through the Southeast Missouri Regional Planning and Economic Development Commission. We respectfully request consideration of this planning assistance grant under Section 8 of the Urban Mass Transportation Act of 1964 as amended. Proposed Scope of Work A. Inventory of Existing Services - In addition to the taxi coupon program currently in use by the City, an inventory of additional transportation providers in the city will be made. The basis for this inventory will be the recently completed, (January 1991), Regional Specialized Transportation Plan the Commission staff has prepared in conjunction with the State of Missouri. In addition, a canvas of known providers will be made to determine if any additional providers can be identified since the initial inventory was completed. The inventory will identify their target population, their service capacity,their funding sources, and their ability and tendency for coordination of services. B. Needs Assessment- A needs assessment of the target population(identified by the City in the contract) will be prepared. Utilizing 1990 Census of Population data, population estimates of each target population subgroup will be presented in both narrative analysis and graphic formats. Trip demand forecasts will be made by inserting the Census information into formulas devised for that purpose by the national transportation consulting firm of Carter Goble Associates. These formulas were prepared for the Specialized Transportation Plan for Missouri which was prepared in 1990-91. A subjective assessment of need/unmet need will be obtained from service providers and service consumers in the City through the use of blind questionnaires and on-site interviews. The needs assessment will include an unmet needs analysis, a summary of the quantitative and subjective demand estimates and a summary of the identifiable existing ridership will reveal the gap or difference between projected demand for service and currently available services. C. Taxi Coupon Program Analysis - The City's coupon program will be thoroughly reviewed and critiqued. This analysis will identify strengths and deficiencies of the current program and suggestions for improvements or alternatives will be quantified. (The cooperation of the transit provider will be necessary for the successful completion of this task.) D. Additional Transit Services Scenarios - After the analysis of existing services can be compared with the demand forecasts, a locational study of where transit services will likely be most needed in terms of trip origins and trip destination. together with a frequency estimate. Potential riders will be polled to determine the feasibility of providing regular fixed route services from the Nutrition Center to the medical facilities at Doctor's Park; or the possibility of providing fixed route commuter shuttles between Cape and Jackson and/or Cape and Scott City for subscription and walk-on commuting workers to be at work by 8:00 a.m. and leave for home by 5:00 p.m. The same vehicles might be used to provide elderly, low-income, and handicapped coupon transit during the day for medical trips, shopping trips, and other less route- oriented trips on an on-call or reservation basis. The transit study will involve the development of two or more of these transit service scenarios, together with cost estimates for providing services at these levels of operation. The development of a fixed route or flexible fixed route transit system will be evaluated as a part of this study. Once the trip scenario and transit service levels are known, a budget for capital equipment and operation/maintenance costs will be derived. The study will analyze the needs for coordinating, dispatching, permitting, and overall administrative requirements for the project. E. Funding - Additional funding sources will be identified for the coupon and any alternative plans proposed. If capital expenditures are proposed for consideration, a schedule of depreciation and replacement will be presented. F. Mapping and Graphics - Maps and graphic representations will be prepared for inclusion in the final report on an as needed basis. If any proposal is made that would require maps for the purpose of explanation or clarification, such maps shall be included in the final report. G. Preparation of Final Report - A anal report summarizing all of the pertinent data collected during the study, and containing recommendations and proposed municipal actions, will be prepared by the staff of the Southeast Missouri Regional Planning and Economic Development Commission and submitted to the designated staff of the City of Cape Girardeau. The final report will include planning recommendations concerning implementation of any alternative transit opportunities proposed. H. Report Printing and Distribution - The planner will provide the City with a total of twenty-five (25) copies of the final printed report. In addition, full-scale maps of selected information included in the final report shall be supplied upon request of the City at an additional cost,consistent with the Regionai Planning Commission's charges for such items to members of the Regional Planning Commission. Planning Assistance Application Applicant's Name: City of Cape Girardeau, Missouri Address: P. O. Box 617 Cape Girardeau, MO 63702-0617 Cape Girardeau County Contact Person: Phone: Description of Project: This project will enable the City of Cape Girardeau initiate a planning process to determine the need for general public transportation within the City of Cape Girardeau. The plan will be prepared under contract through the Southeast Missouri Regional Planning and Economic Development Commission in Perryville, Missouri. Source Amount Percent Federal State $20,000 80% Local $5,000 20% Other Signature of Authorized Official: Project Justification and Proposed Scope of Work Project Justification Currently the City of Cape Girardeau utilizes a subsidized taxi coupon program to assist city residents with inner-city transit. Funding for this program is from the general fund of the City of Cape Girardeau and the Missouri Highway and Transportation Department, pursuant to the Surface Transportation Act of 1978. The last assessment study of the needs of the community's residents was made in 1977. It has been noted that the use of the taxi coupon program continues to grow and the City feels a need to make decisions about the provision for transportation services in the near future. A study conducted to assess the need of the community's residents,the availability of other forms of transportation,the unmet need that exists, and an analysis of alternative means of serving that unmet need will be necessary in order to make educated decisions at the city management level. Planning assistance will be contracted through the Southeast Missouri Regional Planning and Economic Development Commission. We respectfully request consideration of this planning assistance grant under Section 8 of the Urban Mass Transportation Act of 1964 as amended. Proposed Scope of Work A. Inventory of Existing Services - In addition to the taxi coupon program currently in use by the City, an inventory of additional transportation providers in the city will be made. The basis for this inventory will be the recently completed, (January 1991), Regional Specialized Transportation Plan the Commission staff has prepared in conjunction with the State of Missouri. In addition, a canvas of known providers will be made to determine if any additional providers can be identified since the initial inventory was completed. The inventory will identify their target population,their service capacity,their funding sources,and their ability and tendency for coordination of services. B. Needs Assessment- A needs assessment of the target population(identified by the City in the contract) will be prepared. Utilizing 1990 Census of Population data, population estimates of each target population subgroup will be presented in both narrative analysis and graphic formats. Trip demand forecasts will be made by inserting the Census information into formulas devised for that purpose by the national transportation consulting firm of Carter Goble Associates. These formulas were prepared for the Specialized Transportation Plan for Missouri which was prepared in 1990-91. A subjective assessment of need/unmet need will be obtained from service providers and service consumers in the City through the use of blind questionnaires and on-site interviews. The needs assessment will include an unmet needs analysis, a summary of the quantitative and subjective demand estimates and a summary of the identifiable existing ridership will reveal the gap or difference between projected demand for service and currently available services. C. Taxi Coupon Program Analysis - The City's coupon program will be thoroughly reviewed and critiqued. This analysis will identify strengths and deficiencies of the current program and suggestions for improvements or alternatives will be quantified. (The cooperation of the transit provider will be necessary for the successful completion of this task.) D. Funding - Additional funding sources will be identified for the coupon and any alternative plans proposed. If capital expenditures are proposed for consideration, a schedule of depreciation and replacement will be presented. E. Mapping and Graphics -Maps and graphic representations will be prepared for inclusion in the final report on an as needed basis. If any proposal is made that would require maps for the purpose of explanation or clarification, such maps shall be included in the final report. G. Preparation of Final Report - A final report summarizing all of the pertinent data collected during the study,and containing recommendations and proposed municipal actions, will be prepared by the staff of the Southeast Missouri Regional Planning and Economic Development Commission and submitted to the designated staff of the City of Cape Girardeau. The final report will include planning recommendations concerning implementation of any alternative transit opportunities proposed. H. Report Printing and Distribution - The planner will provide the City with a total of twenty-five(25)copies of the final printed report. In addition,full-scale maps of selected information included in the final report shall be supplied upon request of the City at an additional cost,consistent with the Regional Planning Commission's charges for such items to members of the Regional Planning Commission. LOCAL CIVIL RIGHTS ASSURANCES The City of Cape Girardeau hereby certifies as a condition to receiving Federal assistance under Section 8 of the Urban Mass Transportation Act of 1964, as amended, that: 1. No Person shall on the grounds of race, color, creed, national origin, sex, age, or handicap be excluded from participation in, or denied the benefits of, or be subject to discrimination under any project program, or activity for which this recipient receives Federal financial assistance from the Urban Mass Transportation Administration. 2. The City of Cape Girardeau shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 3. The City of Cape Girardeau will conduct any program or operate any facility that receives or benefits from Federal financial assistance administered by the Department of Transportation in compliance with all requirements imposed by or pursuant to 49 CFR, Part 27, Non- discrimination on the basis of Handicap in Federally Assisted Programs and Activities receiving or benefitting from Federal Assistance. 4. Special efforts are being made to provide transportation that handicapped persons, including wheelchair users and semiambulatory persons, can use. This transportation shall be reasonable in comparison to the transportation provided to the general public and shall meet a significant fraction of the actual transportation needs of such persons within a reasonable time. (This "Special Efforts Certification" may be filed with the State on a one-time basis and referenced in each application). 5. A Standard DOT Title VI Assurance, signed and dated I O-22—q I , has been filed with the State. The person whose signature appears below is authorized to sign this assurance on behalf of the recipient. Dated this 2 2 n(,d day of O c A o be.r , 199 I . go,1,./L S. ature of Auth sized Officer ame Title STANDARD ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (Department of Transportation) The City of Cape Girardeau (hereinafter referred to as the "Recipient"), HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin be excluded from Participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Urban Mass Transportation Administration (UMTA), and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(a) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with a project under the Urban Mass Transportation Act of 1964, as amended (the UMT Act) and,in adapted form in all proposals for negotiated agreements: The Recipient, 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 of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Program of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders and proposers that it will affirmatively ensure that in regard to any contract or procurement entered into pursuant to this advertisement, • minority business enterprises, Disadvantaged Business Enterprise/Women's Business Enterprise (DBE/WBE), will be afforded full opportunity to submit bids and proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, 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. 5. That where the Recipient received Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 6 That where the Recipient received Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That where the Recipient receives Federal financial assistance to carry out a program of managerial training under Section 10(a) of the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to make selection of the trainee or fellow without regard to race, color, or national origin. 8. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to assign transit operators and to furnish transit operators for charter purposes without regard to race, color, or national origin. 9. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, routing, scheduling, equality of service, frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes may not be determined on the basis of race, color, or national origin. 10. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into • by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under (Project Number); and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under (Project Number). 11. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 12. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors,in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 13. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is 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 Recipient by the Department of Transportation under Federal Urban Mass Transportation Programs and is binding on it, other recipients,subgrantees,contractors,subcontractors,transferees,successors in interest and other participants in the Federal Urban Mass Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. Dat-. this '2.2 nd • . of 4Ct ober , 199 I . g7( ignature of Authorized Officer Name S, Ronald Fischer Title C i I Maung¢,r APPENDIX A TO TITLE VI ASSURANCE During the performance of this contract, the contractor, 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 nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") 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. Nondiscrimination: 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 subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, 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 Recipient or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Recipient, or the Urban Mass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements 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 subcontract or procurement as the Recipient or the Urban Mass Transportation Administration 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 subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. • APPENDIX B TO TITLE VI ASSURANCE The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (Granting Clause) NOW,THEREFORE, the Department of Transportation,as authorized by law,and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, in accordance with the Urban Mass Transportation Act of 1964, as amended, the Regulations for the Administration of Federal Urban Mass Transportation Programs and the policies and procedures prescribed by the Urban Mass Transportation Administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by, with, and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise,release,quitclaim and convey unto the City of Cape Girardeau all the right, title, and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (Habendum Clause) TO HAVE AND TO HOLD said lands and interests therein unto City of Cape Girardeau and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the City of Cape Girardeau, its successors and assigns. The City of Cape Girardeau, 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 (a) no person shall on the grounds of race,color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such land hereby conveyed,(and) * (2) that the City of Cape Girardeau shall use the lands and interests in lands so conveyed, in compliance with all requirement imposed or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to re-enter 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.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964 APPENDIX C TO TITLE VI ASSURANCE The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Assurance 10(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration herof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease,permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the(grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation - Effecuation of Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. (Include in licenses, leases, permits, etc)* That in the event of breach of any of the above nondiscrimination covenants, City of Cape Girardeau shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, City of Cape Girardeau shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of City of Cape Girardeau pursuant to the provisions of Assurance 10(b). *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases, add "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, City of Cape Girardeau shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereo, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, City of Cape Girardeau shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the abvolute property of City of Cape Girardeau and its assigns. *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. Assurance Concerning Nondiscrimination on the Basis of Handicap in Federally-Assisted Programs and Activities Receiving or Benefiting from Federal Financial Assistance City of Cape Girardeau, Missouri City of Cape Girardeau, (the "Recipient") AGREES THAT, as a condition to the approval or extension of any Federal financial assistance from the United States Department of Transportation to construct any facility, or to participate in or obtain any benefit from any program administered by the Department, to which the Department's regulation set forth in Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 27--"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance" (the "Regulation") applies, no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance administered by the Department of Transportation, including the Urban Mass Transportation Administration, and GIVES ASSURANCE that it will conduct any program or operate any facility so assisted in compliance with all of the requirements imposed by the Regulation, or any directive issued pursuant to that Regulation. Dated this 2nd day of OC to hes , 199 /. City of Cape Girardeau, Missouri BAirA ,. / �/� BUDGET SUMMARY SHEET City of Cape Girardeau, Missouri City Transit Plan ::��;;;< :�:;� -1111::>: :•:•} >�;<>:::: :><�»�:v:=�:: }:::{ti{{:/ifif<::i}:;:i-"}fi?:i} r:'�j}: :i{".-i-}`.-is"}v;::.?vn{:::. Staff Salaries $12 806 " k;;+:?:r;,?.3:..::•.x{fi=:-::: i •,'-:•;}}:.x-;;-r'-q.}}?^c.x2:}'}.iiii. i$x •:i':??:ii}:iii::}:}v:j}i}: Clerical 2,561 iii?ii`:------i:;: 56 :.{v:::i'??}f?nf;}i:::..v.-.,.,111.,1.:. ........................... Staff Fringe 2,791 }`•�«Y« �<•1< ; x,..:.:.`, , .,.-..,_0,.::?:n friv?:a:iif�;i};,?';-_:}:?} ::::: �:} ?}::x x -:4� 3tfi �zxrsem ki{ ,'igii{-:%r}� }S ?1 " -w*mkii.ii �:.N� -,'�.� 9Travel 1,534 } .C#ms4�:uifx, d?»n. { {?,} 4x \AC2�,; :? "< vfg:fi :ig:B.�ACr! x ?f.Fxr.1 . , ni? ' :�' �11, � ic} ce,} ::i itiii?„ r"` rriii.xii: : ;sA2 .f :u + Postage 230 :.*, „..:„::::� : ,:,, :: :: f:w:-;:EKS : t::.}:-:':;} : r.:n:<,.:. :::::<:{::*,? < :::KKi { x:KS33K:KiKK-}:-ii:i ;:*:}.::isxK :sTimi.ri ` i{: ?._.-k .�"io\ ,v•}xi:iii1 :::?•'i:':in:?:???+is 't:}f. :.?Ki: : i- YiiiK:fi,1--}.}:.}-}}.::::: fbfx:i..-i::::*:?iii. Miscellaneous 5,078 ::5?i?:?:iiiii::._::::i::i::S } •:::f:::A:.r;..:K,q; \; „:,:.-;;-.}'.}.}:{,,,,:i .. : }; } K.... ...i ........:;:i:. .... -....... ;:rcS::-�``i:}:'?}t}`.'c;:i:•:<:i:::ii`:::::11:11 % of Time : ..,.":;>:r:}1Y}:}::;:}:.}1111;111..1,};: :>.:-}ik-4.:::1iiim:<.>'::><_ 1111<:r <:`:::: Personnel Service on Activity Annual Salary :`> ;,< <__r : ;;; : : _� f::i:m::::iii.: ::::::» :E:K:K*1111:>:. Administrative Planner 2% $43,000 ..........,.. .... .... Planner-in-Charge 4.4 25,949 = :; > :<: {s:: :: :::: Planner 32.70 18,500 :l==>= : > Graphic Administrator 1.5 25,500 - }--' -`-' '`x'?:i:u??:`:?::`{?::::::••i;:: p iim.ii::ff..1.4iii }^?moi:A:. rf.�Yvv:"e'i- 4:--• Printer 1. 1 960 :;„`; 3:}i' }x:<`ing 5 � iii. ::;:v-.:,_:,�Gi;.}'v..}.•.::�.y Draftsman 6.85 16,000 <::Ep v ?•>;{;?':�•?•:t:"• Fiscal Officer 2 18,911 ::x1x':�`"}'`$''"`"'``'t' }``, ?��': :e::: "i� �st;:�;-.psi- -"`f} t. ,}},h\tib_.:.rv:} Clerical 4.88 19,763 i �,, %„” 2n}-`:< '? ::, Clerical 2 15,069 :v}}}`` : - �-}R�,.{ . 3 Indirect Costs Actual 2,897 ,--;z" ;`;: % r {} ` ;.;,. ,,nom.-} 20::�{t:.<.;}:>•}<r, Amount Rate Fringes Rate Applied To Total Amount Social Security .0765 $15,367 $1,175.58 Workmen's Compensation .48 73.76 Unemployment Tax .0167 256.63 Etc. 1,285.03 Total Fringes $2,791