HomeMy WebLinkAboutResolution 2020 - 27 and 23032 SLA Transportation Plan Agreement - ITD & City of Rexburg
STATE/LOCAL AGREEMENT
PROJECT NO. A023(032)
TRANSPORTATION PLAN, MADISON COUNTY
MADISON COUNTY
KEY NO. 23032
PARTIES
16th
THIS AGREEMENT is made and entered into this _________ day of
IDAHO TRANSPORTATION
December 2020
_________________, ______, by and between the
BOARDIDAHO TRANSPORTATION DEPARTMENT
by and through the ,
,CITY OF REXBURG,
hereafter called the State and acting by and
.
through its Mayor and Council, hereafter called theSponsor
PURPOSE
The Sponsor has requested that the State include in its Idaho
Transportation Investment Program, Federal-Aid Project No.
A23(032), described as City of RexburgTransportation Plan. The
project will update the Madison County Transportation Master Plan.
The purpose of this Agreement is to set out the terms and
conditionsnecessary 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 theState
can only pay for work associated with the State Highway System,
theSponsoris fully responsible for all costs incurred by the
Staterelated 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 Idaho
Transportation Investment Program, and subsequent
revisions. Current estimated cost for development of
the project is $80,000.
State/Local Agreement
Transportation Plan, Madison County
Key No. 23032
Page1
2.TheSponsor’smatch for this project will be provided as
cash in the amount of 7.34percent of the entire project
(currently $5,872).
3.Funds owed by the Sponsorshall be remitted to the State
through the ITD payment portal at:
https://apps.itd.idaho.gov/PayITD.
4.Sufficient Appropriation.It is understood and agreed
that the Stateand the Sponsoraregovernmental
agencies, and this Agreement shall in no way be construed
so as to bind or obligate the Stateor the Sponsor 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 Stateand the Sponsorreserve 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
Stateto continue payments. Any such termination shall
take effect immediately upon notice and be otherwise
effective as provided in this Agreement.
SECTION II.
That the Stateshall:
1.Assist in the selection of a Consultant, negotiate, and
furnish the Agreement for Consultant Services and any
supplements thereto, to be utilized by theSponsorand
Consultant on this project.
2.Upon receipt of appropriate documentation showing
expenditure of funds for this project, reimburse the
Sponsorfor the Federal-aid share at the rate of 92.66%.
3.Bill the Sponsorfor any federal funds to be repaid by
theSponsorif the project is terminated by the Sponsor
prior to completion, and the Sponsorhas been reimbursed
with federal funds for project development.
4.Appoint the Local Highway Technical Assistance Council
as the contract administrator for the State.
State/Local Agreement
Transportation Plan, Madison County
Key No. 23032
Page2
SECTION III.
That the Sponsorshall:
Five Hundred Dollars($500)
1.Pay to the Statethe sum of,
estimated to be the total expense to the Statefor this
project.These funds will be credited towards the
Sponsor’s match on the project. Upon project completion,
if the estimated expense does not reflect the true cost
of the work performed by the State, the Sponsorshall
remit to theStatethe additional sum needed to cover
the actual costs incurred by the State.
2.With the assistance of the State,secure the services of
a consultant through written agreement to prepare the
transportation plan.
3.Make timely payment of all consultant invoices
throughout the development of the project. Upon
completion of the transportation plan, submit to the
Statecopies of all allowable consultant invoices and
receipts showing payment of same.
4.Sponsorwarrants that it will repay any federal
reimbursements on this project if the project is
terminatedby the Sponsor prior to completion.
5.Upon completion of the project, provide the following to
theState:
a.written notification of completion of the
project,
b.onehard copyof the Transportation Plan, and
c.an electronic copy of the Plan.
6.ComplywithAttachment 1 attached hereto and made a part
hereof. By this agreement Sponsoragrees to comply with
and be bound to the Civil Rights provisions of Title VI
of the Federal Code and to generally insert those
provisions in all contracts that it enters into that are
federally funded on this project. If property acquired
for thisproject with Federal financial assistance is
transferred, the recipient of the property will be
subject to Attachment 1 if the property is used for the
same purpose it was originally acquired or for another
purpose involving similar services or benefits to the
general public.Sponsorshould contact the Stateprior
State/Local Agreement
Transportation Plan, Madison County
Key No. 23032
Page3
to disposing of any property acquired under this
agreement.
7.Maintain all project records, including source
documentation for all expenditures and in-kind
contributions, for a period of three (3) 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.
EXECUTION
This Agreement is executed for the State by its Highways
Construction & Operations Division Administrator, and executed
for the Sponsor by the Mayor, attested to by the City Clerk,
with the imprinted Corporate Seal of Rexburg.
IDAHO TRANSPORTATION DEPARTMENT
________________________________
Division Administrator
Highways Construction & Operations
ATTEST: CITY OF REXBURG
______________________ ________________________________
City Clerk Mayor
(SEAL)
By regular/special meeting
on ______________________.
December 16, 2020
cf: 23032 SLA Transportation
State/Local Agreement
Transportation Plan, Madison County
Key No. 23032
Page4
Resolution for an Agreement for Federal Aid Highway Project No. A023(032)
Transportation Plan, Madison County Update Key No. 23032
Resolution No. 2020-27
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has
submitted an Agreement stating obligations of the STATE and the CITY OF REXBURG,
hereafter called the CITY, for development of Transportation Plan, Madison County; and
WHEREAS, the 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 function to be performed by the STATE involve the expenditure of
funds as set forth in the Agreement; and
WHEREAS, the STATE can only pay for work associated with the State Highway system;
and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agreement for Federal Aid Highway Project A023(032) 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 the Resolution shall be furnished to the Idaho Transportation
Department.
________________________________
SIGNED BY: Jerry Merrill, Mayor
CERTIFICATION:
I hereby certify that the above is a true copy of a Resolution passed at a regular meeting of
th
the Rexburg City Council, City of Rexburg, held on December 16, 2020.
(Seal)
________________________________
Deborah Lovejoy, City Clerk
RESOLUTION FOR FEDERAL AID HIGHWAY AGREEMENT | City of Rexburg Key No. 23032
ATTACHMENT 1
1050.20 Appendix A:
During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and
successors in interest agree as follows:
Compliance With Regulations
1.. The Consultant shall comply with all regulations of the United States
Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title VI of
the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO Special
Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions.
http://apps.itd.idaho.gov/apps/ocr/index.aspx
Nondiscrimination
2.. The Consultant, with regard to the work performed by them during the term of this
Agreement, shall not in any way discriminate against any employee or applicant for employment; subcontractor or
solicitations for subcontract including procurement of materials and equipment; or any other individual or firm
providing or proposing services based on race, color, sex, national origin, age, disability, limited English
proficiency or economic status.
Solicitations for Subcontracts, Including Procurement of Materials and Equipment.
3.In all solicitations,
either by bidding or negotiation, made by the Consultant for work or services performed under subcontract,
including procurement of materials and equipment, each potential subcontractor or supplier shall be made
aware by the Consultant of the obligations of this Agreement and to the Civil Rights requirements based on
race, color, sex, national origin, age, disability, limited English proficiency or economic status.
Information and Reports.
4. The Consultant shall provide all information and reports required by regulations
and/or directives and sources of information, and their facilities as may be determined by the State or the
appropriate Federal Agency. The Consultant will be required to retain all records for a period of three (3) years
after the final payment is made under the Agreement.
Sanctions for Noncompliance.
5.In the event the Consultant or a Subconsultant is in noncompliance with the
EEO Special Provisions, the State shall impose such sanctionsas it or the appropriate Federal Agency may
determine to be appropriate, including, but not limited to:
Withholding of payments to the Consultant until they have achieved compliance;
Suspension of the agreement, in whole or in part, until the Consultantor Subconsultant is found to be in
compliance, with no progress payment being made during this time and no time extension made;
Cancellation, termination or suspension of the Agreement, in whole or in part;
Assess against the Consultant’s final payment on this Agreement or any progress payments on current or future
Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future progress payments
in an amount equal to 10% of this agreement or $7,700, whichever is less.
Incorporation of Provisions.
6.The Consultant will include the provisions of paragraphs 1through 5above in
every subcontract of $10,000 or more, to include procurement of materials and leases of equipment unless
exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant shall take such action
with respect to any subcontract or procurement as the State or the appropriate Federal Agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such
direction, the Consultant may request the State to enter into any litigation to protect the interest of the State.In
addition, the Consultant may request the United States to enter into the litigation to protect the interests of the
United States.
1050.20 Appendix E
Duringtheperformanceofthiscontract,theConsultant,foritself,itsassignees,andsuccessorsininterest
(hereinafterreferredtoasthe"contractor")agreestocomplywithall non-discriminationstatutesand
authorities;includingbutnotlimitedto:
PertinentNon-Discrimination Authorities:
•
TitleVIoftheCivilRightsActof1964(42U.S.C.§2000detseq.,78stat.252),(prohibits
discriminationonthebasisofrace,color,nationalorigin);and49CFRPart21.
•
TheUniformRelocationAssistanceandRealPropertyAcquisitionPoliciesActof1970,(42
U.S.C.§4601),(prohibitsunfairtreatmentofpersonsdisplacedorwhosepropertyhasbeen
acquiredbecauseofFederalorFederal-aidprogramsandprojects);
•
Federal-AidHighwayActof1973,(23U.S.C.§324etseq.),(prohibitsdiscriminationonthebasisof
sex);
•
Section504oftheRehabilitationActof1973,(29U.S.C.§794etseq.),asamended,(prohibits
discriminationonthebasisofdisability);and49CFRPart27;
•
TheAgeDiscriminationActof1975,asamended,(42U.S.C.§6101etseq.),(prohibits
discriminationonthebasisofage);
•
AirportandAirwayImprovementActof1982,(49USC§471,Section47123),asamended,(prohibits
discriminationbasedonrace,creed,color,nationalorigin,orsex);
•
TheCivilRightsRestorationActof1987,(PL100-209),(Broadenedthescope,coverageand
andSection
applicabilityofTitleVIoftheCivilRightsActof1964,TheAgeDiscriminationActof1975
504oftheRehabilitationActof1973,byexpandingthedefinitionoftheterms"programsoractivities"to
includealloftheprogramsoractivitiesoftheFederal-aidrecipients,sub-recipientsandcontractors,
whethersuchprogramsoractivitiesareFederallyfundedornot);
•
TitlesIIandIIIoftheAmericanswithDisabilitiesAct,whichprohibitdiscriminationonthebasisof
disabilityintheoperationofpublicentities,publicandprivatetransportationsystems,placesofpublic
accommodation,andcertaintestingentities(42U.S.C.§§12131-12189)asimplementedby
DepartmentofTransportationregulationsat49C.F.R.parts37and38;
•
TheFederalAviationAdministration'sNon-discrimination statute(49U.S.C.§47123)(prohibits
discriminationonthebasisofrace,color,nationalorigin,andsex);
•
ExecutiveOrder12898,FederalActionstoAddressEnvironmentalJusticeinMinorityPopulationsand
Low-IncomePopulations,whichensuresdiscriminationagainstminoritypopulationsbydiscouraging
programs,policies,andactivitieswithdisproportionatelyhighandadversehumanhealthor
environmentaleffectsonminorityandlow-incomepopulations;
•
ExecutiveOrder13166,ImprovingAccesstoServicesforPersonswithLimitedEnglishProficiency,
andresultingagencyguidance,nationalorigindiscriminationincludesdiscriminationbecauseoflimited
VI,youmusttakereasonablestepsto
Englishproficiency(LEP).ToensurecompliancewithTitle
ensurethatLEPpersonshavemeaningfulaccesstoyourprograms(70Fed.Reg.at74087to74100);
•
TitleIXoftheEducationAmendmentsof1972,asamended,whichprohibitsyoufrom
discriminatingbecauseofsexineducationprogramsoractivities(20U.S.C.1681etseq).
Implementation 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 permission 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:
1.Issue a policy statement, signed by the Sponsor’s authorized representative, which expresses its 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 ITD 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.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, sex, or disability; the nature of the complaint; the datethe 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 ITD’s EEO Office –External Programs within 10 days of the date the complaint was received
by the Sponsor.
6.Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs and
activities conducted by the Sponsor.
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 ITD’s EEO Office.
9.Participate in an annual review of the Sponsor’s Title VI Program, the purpose of which is to determine to what
extent the Sponsor has complied with Title VI requirements including the ADA. This review is conducted one
year from the date of approval of the Non-Discrimination Agreement and then annually on the same date. The
format for the Title VI review will be provided each year to the Sponsor for completion. A determination of
compliance will be made by ITD’s EEO Office based on the information supplied in the review. This review of
the Sponsor’s Title VI Program may also include an on-site review in order to determine compliance.
Discrimination 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 file the complaint no later than
180 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, inform the complainant of action
taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available,
such as ITD and USDOT.
The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be
included in every notification to ITD:
a) Name, address, and phone number of the complainant.
b) Name(s) and address(es) of alleged discriminating official(s).
c) Basis of complaint (i.e., 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 actionin a report of findings to the Sponsor’s authorized representative. The
complaint should be resolved by informal means whenever possible. Such informal attempts and their 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 final decision reached, including the proposed disposition of the matter. The notification will advise the
complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision rendered by the
Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary of findings 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
EEO Manager
PO Box 7129
Boise, ID 83707-1129
208-334-8884
Federal Highway Administration
Idaho Division Office
3050Lakeharbor Lane, Suite 126
Boise, ID 83703
208-334-9180
Sanctions
In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD 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: EEO Office
Revised: 03-09, 08-10, 08-17